Tenant Rights
Know Your Rights!
Tenants in San Francisco:
You have rights! If you’re experiencing harassment or pressure from your landlord, or fear you might be evicted or have to move, click on your issue below. Find a list of tenant rights groups who can offer help here.
Visit sf.gov/renthelp for help paying rent.
You do not have to silently suffer through rodent infestations, broken pipes and leaks, damaged sewage systems, cold water spells, and other unaddressed repairs. Local and state laws set minimum standards for habitability and consequences if your landlord does not maintain them. You are entitled to:
- Water and weather-proof structure. There should not be holes in the roof, exterior walls, windows, doors, etc.
- Working plumbing and gas systems
- Legally installed electrical system
- Sufficient garbage receptacles
- Cold water, hot water and heating, lawful sewage system
- No pest infestation
- Intact structures like floors, stairways, and railings in functional state
- No lead contamination
- Deadbolts on some windows and doors, locking mailboxes
- Natural light in each room
- Emergency exits and uncluttered, clean building and grounds
If there is a violation in your home, you should be able to contact your landlord or property manager for repairs. If they do not respond in a timely manner, you can reach out to a housing counselor and the San Francisco Rent Board for support. If you live in a rent control unit, you may be eligible for a rent reduction through the Decrease in Housing Services petition. If your unit is not covered by rent control, you may still use California Civil Code 1942.4 to take action. We strongly urge you to talk through these options with a tenant counselor first! Visit Get Help for a list of tenants rights groups in San Francisco.
Below is a detailed list of steps you can take to get the repairs you need:
1. Complain to the landlord in writing and if possible, keep picture and video evidence. This step is crucial and must be done before anything else. Keep a copy for your files. One way to create proof of delivery is to send the letter by certified mail, return receipt requested.
2. Talk to a tenant counselor to help you assess if you should contact the Department of Building Inspection (DBI) to come out to your building and make an inspection.
3. Petition the Rent Board for a rent reduction until repairs are done. If you’re not under rent control or these initial steps don’t work there may be further steps to consider, such as making the repair yourself and deducting the expense, claiming a “constructive eviction” and moving out, suing your landlord, or withholding rent. However, we strongly urge you to talk through these options with a tenant counselor first!
4. Talk with your neighbors and organize. If others have similar problems, you can work together to solve them together through collective bargaining, protest, and media outreach.
JUST CAUSES for EVICTION
- Nonpayment of rent, habitual late payment, or frequent bounced checks.
- Breach (violation) of a term of the rental agreement that has not been corrected after written notice from the landlord.
- Nuisance or substantial damage to the unit (waste), or “creating a substantial interference with the comfort, safety, or enjoyment of the landlord or other tenants in the building.”
- OMI: Move-in of the landlord or a close relative of the landlord (if the landlord lives in the building).
- Sale of a unit which has been converted to a condo. Seniors and permanently disabled tenants cannot be evicted for condo conversions.
- Capital improvements or rehabilitation. The tenant has the right to re-occupy the unit at the prior rent, once the work is completed.
- Ellis Act evictions, which require withdrawal from rental housing use all of the units in the building.
EVICTION NOTICES:
- The building is converted into condos or a form of joint ownership called “tenancy in common (TIC)” for sale as homes for buyers.
- The landlord seeks to live in one or more of the units and may want family members to live in other units.
- The building continues as investment rental property (the landlord lives elsewhere).
- They may try to get tenants to sign new, more restrictive rental agreements or they may try to take away services to get more out of your rent money.
- They may encourage tenants to move out by offering money to leave (a buyout offer). You do not have to accept this offer. It likely will not be a good deal for you.
- Sometimes harassment is aimed at longer-term tenants paying affordable rents, because once a long-term tenant is out, they will be able to raise the rent to whatever they like.
What is an “Estoppel Agreement” or “Rental Questionnaire”? Should I sign it?
Do I have to sign a new lease?
RAISING YOU RENTS:
ELLIS ACT:
- How much is rent on a new lease in your neighborhood?
- How much time did you plan to stay in your unit or your neighborhood?
- Will you find another place here in SF?
- There is a reason your landlord wants you to take a buyout. Is your apartment worth more to you than the money?
Information about the new law regulating buyouts:
(The information above can be downloaded as a flyer here.)
LANDLORD ENTRY
- Make necessary or agreed-upon repairs or services.
- Show the unit to prospective tenants, buyers, mortgage holders, repair persons, or contractors.
- Inspect the unit at the request of the tenant for a security deposit refund.
- When there is a court order authorizing entry by the landlord.
UTILITY SHUT OFFS
LOCKOUTS
- Under Penal Code 418, your landlord is guilty of a misdemeanor and could be arrested.
- You have a right to regain entry to the premises even if you must break in. Keep proof of your tenancy with you at all times.
- Keep a record of these incidents and write a letter to your landlord stating that you are aware of your rights and that you want the situation stopped without further harassment. Keep a copy.
ALWAYS REMEMBER TO…
- Keep a written record. Save copies of letters you send to your landlord. Save receipts. Keep a log of what the landlord said or did to you, noting the place and date that each incident took place. In the case of harassment, note any witnesses as well.
- If the harassment persists, write a letter to the landlord spelling out the offensive behavior. Include dates and times. If the harassment continues, you might consider a decrease in services petition at the Rent Board (if you’re under rent control), a Small Claims Court action or consulting with an attorney about some other kind of legal action.
- You have the right to file for a Restraining Order in Superior Court restricting when your landlord may contact you. Forms are available at the Superior Court Clerk at the Superior Courthouse, corner of Polk and McAllister Streets.
(The above information can be downloaded as a flyer here.)
In many cases, your landlord is allowed to raise your rent, but there are state and local laws that determine how much and how often it can be raised. Depending on where you live, different laws apply. If you think your rent increase was illegal, contact a tenant rights counselor for help. Visit SFADC.org/help for a list of tenants rights groups in San Francisco.
Is your unit covered by the San Francisco Rent Ordinance?
If you live in San Francisco, your unit is covered by the Rent Ordinance, unless you live in a single family home, subsidized housing, or a building built after 1979. Under rent control, your landlord can only raise the rent once per year by an amount tied to inflation (CPI – consumer price index). The Rent Board announces the annual allowable rent increase each year. For example, effective March 1, 2024 through February 28, 2025, the annual allowable rent increase is 1.7%.
Your landlord may also choose to “bank” the annual allowable rent increase, which means they do not raise your rent the year it is allowed to be imposed, but can impose one or more banked (delayed) rent increases at a future date. This is more common when a new landlord buys a building where a previous owner did not impose rent increases, but any landlord can choose to impose previously banked rent increases. You can find a list of current and past annual allowable rent increases at the San Francisco Rent Board website.
Valid Rent Increase License with Rent Board Required
A landlord must have a current rent increase license on file with the Rent Board before any annual or banked rent increase can go into effect. Licenses are granted annually when the city’s housing inventory is updated with information about the property. You can search the Rent Board Portal to see if your landlord is up to date with their rent increase license. If you receive a notice of rent increase that goes into effect while the landlord is unlicensed, you may file a Tenant Summary Petition with the Rent Board.
State Rent Control
Even if your unit is exempt from local rent control, you may be protected. State rent control will apply if your home was built after 1979 but is at least 15 years old. State rent control will also protect you if you live in a single-family home if the landlord is a corporate entity, or if your lease was not changed to inform you that you were exempt from the state protection. The state law limits rent increases to CPI plus 5%. The rent increase requires a written 30-day notice. If the total rent increase is more than 10%, a 90-day written notice is needed.
Please visit Tenants Together for more resources on statewide rent control legislation.
1942.4 Code Violations and Unaddressed Repairs
Civil Code 1942.4 states a landlord may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit if the unit or the building has an active Notice of Violation from the Departments of Public Health or Building Inspection for over 35 days.
Rent control laws do not apply to affordable housing, where rents are subsidized or required to be at a certain level by the government. This includes Section 8, Public Housing, Permanent Supportive Housing, BMR (Below Market Rate) and Tax credit (LIHTC) and some other small programs. This does not mean that you do not have protections from rent increases however. In subsidized housing, your rent is linked to your income (usually set at 30% of income), so your rent should never go above that amount, unless your income or household composition changes, or unless you fail to comply with the requirements of the program (eg. annual recertification paperwork). In other affordable housing programs, rent is regulated so that there is also a limit to how much your rent can be raised. For help with rent increases in these types of programs, call the Housing Rights Committee at 415-703-8634 or Bay Area Legal Aid at 415-982-1300.Your landlord can’t verbally or physically harass or threaten you, or call the police to try to force you to leave. •Your landlord cannot refuse to accept/acknowledge receipt of your lawful rent payment or refuse to cash a rent check for over 30 days. Your landlord cannot discriminate against you because of your race, ethnicity, gender, sexual orientation, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or because you have a kid. Threats about your immigration status are harassment and are illegal under the rent ordinance.
(The above information can be downloaded as a flyer here.)
As of April 11, 2022, tenant associations in San Francisco in buildings with five or more units have new rights and protections under the Union at Home Ordinance.
We will update this page with more information soon, but a summary of protections below is courtesy of Housing Rights Committee of SF:
With this new law:
- You will have the protected right to form an association with the neighbors in your building. For the first time ever, SF tenants have the legal right to “certify” an association in their building. If your building is five units or more and owned by a private landlord, then you and your neighbors are eligible to form an association using this new law. The process is simple: Submit a letter to your landlord with a majority (50%+1) of existing units signed on (just one leaseholder per unit is sufficient).
- New protections for flyering, door-knocking, and holding tenant meetings on-site. While SF tenants have had the right to flyer their buildings, tenants now have expanded rights to door-knock in their buildings, hold tenant meetings on-site in common areas and their units, and allow non-resident advocates to enter their buildings and speak with tenants about their rights.
- New legal requirement for the landlord to meet and negotiate with the association. For the first time ever in the country, a landlord whose tenants form an association has the legal obligation to “meet and confer” with the association. An association can request a meeting, decide on their own who attends (including non-resident advocates), raise issues to the landlord, present proposals to resolve those issues, and request agreements in writing.
- These new rights and protections become classified as official housing services. Just like plumbing and heat, all these new rights—called “organizing activities” in the law—will be classified as an official housing services. This means that tenants’ right to flyer, door-knock, form an association, and negotiate with their landlords are all on par with tenants’ rights to working appliances and quiet enjoyment.
What topics might an association negotiate? Possibilities include:
- Building maintenance and improvements, safety, and security
- Construction projects and noise levels
- Rent levels and passthroughs
- Parking, storage, and other housing services
- If the landlord violates any of these rights or protections, then you and your neighbors are entitled to rent reductions. Instead of relying on civil court and lawsuits for enforcement, this law empowers tenants to seek rent reductions if landlords disrupt any organizing activity. Because all these rights are now housing services, a tenant association can submit a multi-unit petition at the Rent Board for rent reductions for all members—a more immediate and impactful remedy than a lengthy lawsuit.
If you are currently unhoused, living in a shelter, or living in a vehicle, you have rights to your belongings and rights with the police in public spaces. There is also help available for finding food, shelter, medical services, legal help, and more.
WHAT ARE MY RIGHTS?
City policy requires 72 hour notice of encampment removals, and you have the right to get your belongings back if they are taken by the city. It is a good idea to document your belonging in any way you can and tag them to show they are not abandoned. You also have rights during encounters with law enforcement. You can learn more about these rights here in this helpful guide created by the Coalition on Homelessness.
If you are living in your vehicle, you may be able to get a fee waiver if your car is towed or get parking tickets fines reduced or dropped, and can sign up for notification before your vehicle is towed here. Find more information about where to get help in the legal support section of this list of resources.
If you are staying in a shelter, you also have rights. The Shelter Client Advocate Program at EDC can help. Find more information here: https://evictiondefense.org/services/shelter-client-advocacy/
WHERE CAN I GET HELP?
The Coalition on Homelessness has gathered a list of services/resources here. This list includes basic necessities distribution centers, shelters, legal support, and medical services. For assistance or more information, please contact the Coalition on Homelessness at 280 Turk St/415-346-3740 from Monday-Thursday (9am-5pm) & Friday (9am-noon).
The SF Service Guide is an online directory of homelessness and housing services in San Francisco. Anyone with access to a smartphone, tablet, or computer can use the guide to learn about a variety of programs from education to legal aid to seniors services: https://www.sfserviceguide.org/