A landlord is prohibited from requiring cash as the sole form of payment for rent and may only demand cash if the tenant bounced a check in the previous three months. Ultimately it’s up to you, but if you need a place to live and you have a legitimate need for an ESA, then waiting until after you’ve signed a lease to make the request for your ESA may be your best bet for finding housing, and that’s not something you should feel bad about. First, the new Civil Code §1947.12 (“CC §1947.12”) will regulate the amount that rent can be increased annually for specific dwellings in specific situations. Certain bad behavior on the tenant’s part can be considered just cause, including: 1. However, if an emergency repair is necessary (flooding from a broken pipe, for example), or if the landlord gave you oral notice that he was coming over to make the repair and you agreed to it, then they are probably not in violation of the law. Note, too, that your landlord is not required to accept partial payment during the three-day period. Because a state law commonly referred to as the Costa Hawkins Rental Housing Act exempts single family residences from the rent control portion of the SFRO (lobby your legislators to change that!). But it will depend greatly on the situation and the evidence you have. Additionally, landlords cannot end a lease or refuse to renew a lease because the tenant was a victim of domestic violence, sexual assault, or stalking. (Note: American Legal is the official publisher of San Francisco's Administrative Codes). If you are kicking them out of a rent controlled apartment, which you intend to re-rent afterwards, then you may have to pay fees. If you live in a single family residence built before 1979 that has no other units on the property (again, an illegal in-law unit DOES count!) That’s what were here for. Because a state law commonly referred to as the Costa Hawkins Rental Housing Act exempts single family residences from the rent control portion of the SFRO (lobby your legislators to change that!). To the contrary, such information is generally protected by law and cannot be requested or demanded by a landlord. If you get an OMI or and RMI notice, you should contact the Rent Board, visit the San Francisco Tenants’ Union (http://www.sftu.org), or visit the San Francisco Housing Rights Committee (http://www.hrcsf.org/) for help. So you’re a tenant in San Francisco and have a question about your renters’ rights? Landlords must disclose the name, telephone number and address of any person authorized to manage the premises and/or act on behalf of the landlord for purposes of receiving rent, service of process, notices and demands. However, state law also allows a landlord to serve a notice demanding that a tenant pay rent or vacate if the tenant fails to pay rent, regardless of the reason that tenant has not paid.  What this means is that even if you have a legitimate legal basis for withholding rent, it doesn’t matter when it comes to the landlord serving you a notice. Not ideal. One of the most common and frustrating calls I get is from a tenant who is being evicted because someone told them they have a right to stop paying rent because the landlord wasn’t making repairs. If you live in a property that was built before 1979 and contains at least two residential units (an illegal in-law counts), then chances are good that a huge rent increase is not legal. Of course not. You bet it does! Refer to the San Francisco Rent Board website for details on the timeline for requesting and receiving permission to add or replace roommates. If there’s a minor leak in your faucet that’s not causing any significant damage, then reasonable could be 30 days. Selling the property is not one of those just causes. The general rule is landlords do not have a duty to fix cosmetic issues unless they pose a health or safety hazard. That said, if a tenant is creating a situation that promotes a pest problem (i.e. And the notice must include a bunch of very specific information to be valid. It depends on your lease. Security Deposit Interest Ordinance (pdf), Investigation of Wrongful Eviction Complaints, Alternative Dispute Resolution (ADR) Program. My lease renewal contains a provision that requires me to pay 2000 dollars as a fine for an early termination of the lease. “double dip”). “Reasonable” depends on the particular situation. Can they? State law requires the landlord to provide a copy of any written lease or rental agreement to the tenant within 15 days of signing the lease and annually thereafter, within 15 days of a tenant’s request. But what if your landlord chooses not to renew the lease? Second, Civil Code §1946.2 (“CC §1946.2”) will set forth the circumstances under which a residential tenant in a covered unit may be evicted. That’s not right and it’s against the law. A domestic partner or a spouse may not be barred from moving in. If there is no rent control in effect, then the landlord can increase the rent to whatever the market can bear. Well, you could. The allowable rent increase will stay in effect until February 28th of the following year. But don’t despair! Take a look at the answers to SF Tenants’ Frequently Asked Questions below – you’re probably not alone! However, in a rental market that is already nearly impossible for tenants, it is way too easy for a landlord to discriminate and claim that they’ve rejected someone with an emotional support animal simply because there was a more suitable candidate. Suing your landlord solely for harassment is probably not going to be easy.  You will want to document the harassing behavior as much as possible, including taking notes of incidents with the dates, times and any witnesses to the event, and photographs or video when possible (however, do not record audio, or take any video that includes audio, of any private conversations with the landlord without their consent. Read the next question for more info on OMI relocation benefits. If they haven’t served such a notice, chances are good they told you about their alleged plans to move in with the hope that you’ll just pack up and leave. In the past, the answer would’ve been “not unless you can change your landlord’s mind.” But thankfully our local government sometimes does things right, like recognizing the serious housing shortage and need for as much leniency as possible. In that case, you may have lost the right to legal action against the landlord. It sure is a bad idea! App. If your lease is coming to an end, you might be considering what to do next. Landlords and tenants should consult an attorney about such issues. So if you have a two-year-old pile of decaying food sitting in your kitchen and notice a rat’s nest or roach colony living in it, you may want to consider cleaning that up before contacting the landlord about pest control. If you agreed to accept money in excess of the mandatory relocation payments, and signed an agreement stating that you were accepting the money in exchange for giving up your tenancy, then that was probably a “buy out” agreement. If the harassment was so bad it forced you to move out, or substantially interferes with your ability to live in your home, and you have good evidence (witnesses would really help) of the harassment, then you may have the basis for a harassment lawsuit. However, don’t assume that you have to leave or accept the minimal amount of relocation money (which will not be anything close to what you’d need to find a comparable rental in the city!) You have to allow her a “reasonable” amount of time to make the repair. If your landlord makes it difficult by rejecting every applicant that comes along, it’ll ultimately be on her to convince a judge that in this rental market she somehow couldn’t find an acceptable replacement. Which means that the rent increase may technically be legal (read on for why you may still have some hope). Your landlord must provide you with a written notice at least 30 days prior to any rent increase totaling less than 10% of your total rent and at least 60 days prior to any rent increase of 10% or greater. Sure. This means you need to tread carefully when it comes to refusing to sign a … Generally, when the lease term expires, a fixed term lease simply becomes a month-to-month tenancy under the same terms and conditions. And there’s no guarantee that you’ll win.  So doesn’t it make more sense to continue to pay your rent and, if your landlord continues to ignore necessary repairs, sue your landlord? an eviction) to get you out of the property. However, that does not mean that the new occupant has the same legal rights as you, the original tenant. The Rent Board cannot give legal advice to landlords or tenants regarding lease issues. If the paint is peeling or cracking, then the landlord has a duty to repair it, but that does not necessarily mean they have to repaint the whole place. And sometimes it was an attorney who told them that. If you request the landlord to change your locks and they fail to do so within 24 hours of your request, you may then change the locks yourself. Note that the new roommates will not have the same rights as the original occupants unless the landlord establishes a direct relationship with them (most commonly by accepting rent directly from the new roommates), so if you move out, the roommates will probably be subject to a giant rent increase. There are two main components of the Tenant Protection Act of 2019. One of the most overlooked clauses in commercial leases is the option to renew. I am seeking for a new place in San Francisco. If your unit IS covered by the SFRO, your landlord cannot demand that you leave simply because he’s selling the property. However, some (many) landlords don’t see it that way.  And unfortunately, with those landlords, if you disclose that you have an ESA before you are approved to move in, many landlords will reject your application without explanation, making it hard to prove that you did not get the housing due to your ESA. If you live in a unit covered by the SFRO, your landlord can only evict you for one of 16 “just causes” permitted under the ordinance. Locks . Generally, a landlord can end a lease without reason when the term is over. Talk with a tenants’ rights attorney. If you don’t see an answer to your question, feel free to contact us directly using our contact form. By: Colton Addy Applicability of California’s Rent Control Laws: California Civil Code Sections 1946.2 and 1947.12 took effect on January 1, 2020, and implement statewide rent control in California for most residential properties. There are also occupancy limits, the general rule being two people per room, though it technically depends on the square footage of the unit. You may also want to consult with a tenants’ rights attorney who can help determine whether the notice is valid and whether you should try and fight it. Where there is a written lease agreement between the parties, the terms of the agreement may state the day the rent payment is due and whether the terms provide a grace period for the payment of rent. A tenant, or prospective tenant, is under no obligation to disclose a mental condition that requires treatment to a prospective landlord. If your lease does not specify, then technically you can probably change the locks without penalty. Besides, do you really want your landlord coming over for that? However, your landlord also has a duty to mitigate her damages. Unless the carpet poses a safety hazard and/or has been cited by San Francisco Housing Inspection/code enforcement, then probably not. Generally speaking, your landlord is responsible for maintaining the premises in habitable condition, including ensuring the property is free of pests that pose a health risk. If an attorney tells you to stop paying rent on that basis, I would suggest that you stop the conversation immediately and run the other way. She also cannot re-rent the place and demand you pay the remaining months (i.e. Under California law, there is no legal obligation for a landlord to renew a tenant's lease, unless the existing lease itself contractually obligates the landlord to renew. Unfortunately, this also means that condos, which are legally considered a single family residence, are also usually exempt from rent control. It is provided for administrative and public convenience only. Again, that depends on whether your unit is covered by the SFRO. What some consider a  minor annoyance, others consider harassment. Please don’t mess it up for those who truly need them! In California it is a crime to record any conversation without the consent of the other party/parties in any situation where there is a reasonable expectation of privacy. If you live in an apartment with rent control, your landlord can't just raise your rent as often as they … Read on to get a brief overview of the laws governing these agreements in California, and the key things you should know before signing a lease … Probably…If your unit is covered by the SFRO, then you may be entitled to relocation payments provided you have lived in the unit for at least 12 months. If the landlord wants to deny permission for a potential roommate, they must provide a reason for doing so, in writing. San Francisco supervisors approved legislation recognizing these in-law units as legal housing, ending a "don't ask, don't tell" approach to a big part of the city's affordable-housing stock. That includes bedbugs (despite what your landlord tries to tell you). If your health provider has “prescribed” (for lack of a better term) an ESA to help you with a mental health condition, then what you’re asking your landlord for is a reasonable accommodation for your condition, not an exception to the no pets policy. Also, even if your lease didn’t prohibit short-term leasing, the RUCO—like San Francisco Rent Ordinance—prohibits a tenant from profiting from renting to others. I live in San Francisco CA in a rent controlled apartment. And harassment can be difficult to prove. If you move out and they stay, they will likely not be covered by rent control and therefore subject to a giant rent increase. Non-renewal of a lease does not mean that the tenant has to move. If they do not deny or explicitly give permission within the prescribed time, then the roommates are deemed approved and you cannot be evicted for letting them move in. This also applies to replacing roommates that have vacated. Keep in mind, harassment is somewhat  subjective. Tenants should review their lease or rental agreement closely to determine what is and is not permitted. Crazy, right? (Just check your tax return – see any deductions for your residential rental?). The below market rate (BMR) units are legally restricted and may only be rented to qualified households paying a maximum allowable rent as established by our office each year. On Sept. 16, 2016, California Governor Jerry Brown signed into law Assembly Bill 2093, which substantially changes Civil Code section 1938 and imposes additional obligations upon commercial landlords. If your lease specifies that you must get the landlord’s consent to make alterations to your rental unit, then changing your locks without telling the landlord would likely constitute a breach of the lease. Try convincing a judge that you need that Presa Canario dog because you suffer from anxiety and need a vicious dog to feel safe – that’s an argument you’re probably going to lose. Your landlord has the right to ask for basic rental application information, which your prospective roommates must provide. Probably not. Under the San Francisco Rent Ordinance, refusal to sign a new lease “ for materially the same terms ” is one of the sixteen just causes for eviction. The Rent Board determines the allowable rent increase by March 1st of every year. If your apartment is being flooded by that broken pipe, then reasonable is probably less than 24 hours. Hopefully you did not sign any legal documents waiving your rights regarding your tenancy prior to moving out. So even though you could use the landlord’s failure to make repairs as a defense to an eviction  that is based on non-payment of rent, you’d still have to pay court costs and probably attorney’s fees to help you fight the UD lawsuit. And please keep in mind that ESAs provide a legitimate aid for people with otherwise disabling mental conditions- the abuse of the ESA title by using questionable sources for “documentation” so people can have pets is causing problems for those with a legitimate need for ESAs. then your home may be covered by the Just Cause for eviction provisions of the SFRO, but not the rent control portion of the rent ordinance. Here’s the deal: It is true that state law says that a landlord’s failure to make necessary repairs and maintain the premises in habitable condition gives a tenant the right to “withhold” rent until repairs are made. Keep in mind that our legal system is geared towards property owners. just because you got an OMI or RMI notice. The law requires landlords to return the deposit within 21 days of the tenant ending the lease. Is your home covered by the San Francisco Rent Ordinance? Legally you are liable for the remaining months. At one time or another, most of us have been on one side of the landlord-tenant relationship.Each state makes its own landlord-tenant laws, therefore, each state’s requirements for drafting and enforcing lease and rental agreements differ. No. Additionally, you cannot make any extensive improvements that would … The new law will go into effect on January 1, 2020 and expire in 2030, unless lawmakers vote to extend it. Even though a landlord doesn't have to gi ve a reason for a non-renewal (though sometimes those non-renewals must be in writing), there are reasons that a landlord is not allowed to give a non-renewal: Discrimination: A landlord cannot give you a non-renewal, and cannot choose to not renew your lease, for reasons that are discriminatory. If you have to break your lease, offer to advertise the place and help find new occupants. The Rent Board's version of the Rent Ordinance is not the official record of the laws or regulations of the City and County of San Francisco. Only an eviction for cause will recover the unit, but a landlord in this situation could also sue for violations of unfair competition law and disgorgement of the illegal profits. The original lease, I’ve lived in the apartment for 12 years, states 300 dollars as a penalty for early termination. Then unless you can find evidence that the damage existed before you moved in, it’s going to be your word against your landlord’s. That means that she cannot do nothing to re-rent the place and still demand you pay for the remaining months. Includes Google’s 208,000-square-foot renewal lease at 3400 Hillview Remaining 2021 expirations reduced to 7.5% of Company’s Share ABR Hudson Pacific Properties, Inc. (“Hudson Pacific”) (NYSE: HPP) today announced that year-to-date it has signed 296,475 square feet of new and renewal deals across the San Francisco Peninsula and Silicon Valley. A landlord generally has to give you 24 hours written notice prior to entering your unit for repairs. This website offers functionality that requires JavaScript. In California, a lease exists whenever there is an oral or written agreement to exchange rent for inhabiting a property. Maybe even took pictures of the place before you moved in and right before you moved out. San Francisco, however, offers those same protections to all month-to-month tenants. Essentially, an option to renew is merely an offer by which the lessor binds himself in advance to make a contact if the lessee accepts on the terms and within the time designated (Cicinelli v.IwasakiI (1959) 170 Cal. A fixed lease doesn’t allow you to make any changes to the lease, such as increasing rent or amending other terms, unless allowed by both the lease and your jurisdiction’s landlord-tenant laws. Sadly, yes it is. In properties covered by the rent control portion of the SFRO, a landlord may only increase the rent once per year by the allowable annual percentage which is posted on the Rent Board’s website. Groups such as the San Francisco … If housing inspection finds a problem, then they will contact your landlord and demand repairs. If you’ve made repeated requests for a necessary repair and she has repeatedly ignored you, then it might be time to contact the San Francisco Department of Housing Inspection to schedule an inspection. If you have some safety concern for which you want to change the locks, and they refuse to allow you to do so, then you may want to consult a tenants’ rights attorney or one of the places listed on the resources page. Is it legal to do so? No, you are responsible for replacing the batteries in your smoke alarm and changing the light bulbs in your unit unless your rental agreement states otherwise. If you do live in a single family residence and you suspect your landlord is imposing a giant increase just so you’ll move out (thereby allowing them to avoid the just cause for eviction provisions of the SFRO), and you have evidence of their ulterior motive, then you may want to consider seeking legal help to fight the rent increase or, if you move out as a result of the increase, to bring a wrongful eviction action against the landlord. Same with paint. Landlords also have rights, such as the right to collect rent and to collect for property damages that … No? After chatting with a home owner who liked me as a potential tenant, we disagreed on the price, and his reasoning is that since this is a unit under the San Francisco rent control laws, if he leases it for a "low" price then he might be stuck with this price for many years without any power to increase it substantially. If you did, but received nothing in return, or you received only the relocation payments mandated by the San Francisco Rent Ordinance, then contact an attorney and discuss your legal options. You must ask your landlord for permission, in writing, to add the additional roommates. Certain information must be disclosed to the tenant in writing, whether the lease is oral or written. If the tenant has resided in the premises for less than one year, the landlord may terminate a month-to-month tenancy by … Landlords and tenants with questions about the new laws can contact the San Francisco Rent Board, which administers the city’s law. If they just told you and nothing more, then take it as a harbinger of things to come, but sit tight until then. So now the rent ordinance makes it possible for tenants to add roommates even if their rental agreements expressly prohibits doing so. According to California law ( CA Civil Code 1940-1954.05 ), under a lease, tenants have certain rights such as the right to a habitable dwelling, due process for evictions, and more. However, it’s commonly accepted that a two bedroom can have up to four people, three bedroom up to six, etc. Under the San Francisco Rent Ordinance, San Francisco’s Rent Board determines each year what the allowable rent increase will be for the following year. Why would your home be covered by only part of the rent ordinance? Renters don’t count. I’m sorry to say that it is. Discrimination means giving tenants different … If you do not pay the full amount demanded prior to the expiration of that notice, your landlord has the legal right to file an unlawful detainer the day after the notice expires. Here’s the reality of the situation: If you have a legitimate need for an ESA and the documentation to prove it, then your animal is not a pet. If you don’t know, the first thing you need to do is contact the San Francisco Rent Board (http://sfrb.org/) and find out. I hope you did a pre move-in walk through check list. Under the city’s rent ordinance laws, landlords can only kick them out for "just cause." The firm penned a 250,000-square-foot lease for 14 floors at 333 Bush Street for its 175 San Francisco attorneys. If you wait until AFTER you have been approved and have already signed the lease before you request a reasonable accommodation (if you have a legitimate emotional support animal, then you likely know what this means), and the landlord refuses the request, then you have proof of discrimination (and a potential lawsuit). The rent control laws, however, do not apply to a rental property that was issued a certificate of occupancy in the last 15 years. But regardless of your evidence, if the deposit is under $10k and the landlord won’t budge, you can file in small claims court and do your best to prove your side. Tenants Cannot Refuse to Sign a Lease that is Materially Similar or the Same. Hello BMR Rental Managers: Certain units in your building may be restricted under the City and County of San Francisco Inclusionary Housing Program. California Civil Code §1946.1 states that the landlord may terminate a month-to-month tenancy by providing 60 days’ written notice to the tenant. A landlord must provide notice of an owner or relative move-in (OMI or RMI, respectively) in writing. A tenant’s breach of a lease or rental agreement may provide the landlord with a just cause for eviction under the Rent Ordinance. State law requires the landlord to provide a copy of any written lease or rental agreement to the tenant within 15 days of signing the lease and annually thereafter, within 15 days of a tenant’s request. But you’re not going to do that, right? hoarding situation or has such lack of housekeeping as to create a health hazard), then the landlord can require the tenant do their part to keep pests at bay. If you’re not sure about the property you live in, contact the San Francisco Rent Board (see above or resources page for their contact info). Assuming you live in something larger than a closet, no. It’s not ideal, and some people feel this is dishonest. In most cases, a resident will either renew the current lease, the lease will change to a month-to-month agreement, or move out. And if you fail to pay the rent in the time period stated on the notice, the landlord can file an unlawful detainer lawsuit (i.e. You may still have options. That depends. Did they tell you, or did they actually give you a written notice? See the answer above for further explanation. Such “evidence” would not only be impermissible, it could also get you into trouble). San Fernando Valley (818) 988-9200 Los Angeles (323) 937-8811 Long Beach (562) 597-2422 Garden Grove (714) 539-6000 San Diego (619) 280-7007 Northern California (510) 769-7521 RENTAL AGREEMENT AND/OR LEASE - SAN FRANCISCO Note that a landlord can impose “banked” increases, which means if they haven’t given you a rent increase for, say, 10 years, they can impose 10 years of increases at one time. Please note that the request has to be “reasonable.” If you have an ESA that poses a serious risk of harm to others, or is excessively noisy or otherwise causes a serious nuisance, the landlord may have grounds for refusing the animal. If you both agree to renew the lease, get the new lease signed and dated before the current lease expires so you will have continued protection for your rights as a … There are additional requirements under state law for leases which are not covered in this topic. The landlord must also disclose whether rent payments are to be in cash, by personal check, money order, cashier’s check or through an electronic funds transfer procedure. There are additional requirements under state law for leases which are not covered in this topic. This is a touchy subject. They can demand the full amount they claim is owed, and if not paid, they can file the UD. A written lease agreement may also contain provisions regarding pets, late payment fees, parking, storage, and other terms related to the tenancy.
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