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San Francisco Tenant Rights

California's Most Comprehensive Tenant Protections — Right to Counsel, 16 Just Causes, and the Nation's Lowest Rent Cap

🏙 870,000 residents 🏠 63% renters 📍 San Francisco County View County Page →
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Renting in San Francisco

San Francisco has the most comprehensive tenant rights framework of any city in California — and among the strongest in the United States. The SF Rent Ordinance (enacted 1979) caps annual rent increases at just 60% of CPI — often 1-2% per year — for most pre-1979 units. Just cause for eviction applies to nearly all SF tenants through only 16 defined grounds. The city funds a Right to Counsel program, giving qualifying low-income tenants a free attorney when facing eviction. The SF Rent Board offers free counseling, petitions, and formal hearings. If you rent in San Francisco, you have some of the strongest housing rights of any renter in the country.

📋 San Francisco Rent Ordinance (Administrative Code Chapter 37)

Enacted 1979
Annual Rent Cap 60% of CPI — typically 1.0–2.3% annually; can be 0% in deflation years
Governing Code SF Administrative Code Chapter 37 (Residential Rent Stabilization and Arbitration Ordinance)

What Units Are Covered?

Most residential rental units in buildings with 2 or more units where the certificate of occupancy was issued before June 13, 1979. This covers the vast majority of SF's rental stock — an estimated 172,000 units.

How the Rent Cap Works

The SF Rent Board sets the annual allowable rent increase each March, effective March 1. The cap is calculated as 60% of the percentage change in the SF-Oakland-Hayward CPI. In recent years this has been 1.0% (2023), 3.6% (2022), 0.7% (2021), 1.8% (2020). Landlords may bank unused increases for up to 2 years, but cannot compound them. Banked increases are limited in how they can be applied.

Key Rules

  • ✓ Rent increases require written notice — 30 days for increases under 10%, 90 days for 10%+
  • ✓ Landlords may petition the Rent Board for above-cap increases based on increased operating costs
  • ✓ Tenants may petition for rent reductions based on decreased services or habitability issues
  • ✓ Rent cannot be increased during a Rent Board proceeding
  • ✓ Capital improvement pass-throughs are strictly regulated and expire after a set period
  • ✓ Costa-Hawkins "vacancy decontrol" applies — rent resets to market between tenancies

Common Exemptions

  • ✗ Units with certificates of occupancy issued on or after June 13, 1979
  • ✗ Single-family homes and condos (exempt from rent limits under Costa-Hawkins, but just cause STILL applies)
  • ✗ Owner-occupied buildings with 2 units or fewer where owner has lived since before June 1979
  • ✗ Government-subsidized housing with own rent rules
  • ✗ Hotels and tourist lodging
  • ✗ Units rented for fewer than 12 months to students in specified programs

🛡 San Francisco Just Cause for Eviction (Ordinance Section 37.9)

Enacted 1979 (significantly strengthened over decades)
Applies After Applies from the start of tenancy for most covered units — no 12-month waiting period like AB 1482

Nearly all residential rental units in San Francisco — including single-family homes and condos (which are exempt from rent limits but NOT from just cause requirements). This is broader than Costa-Hawkins exemptions.

⚠ At-Fault Just Causes

  • • Nonpayment of rent
  • • Habitual late payment of rent
  • • Breach of lease terms (after notice and opportunity to cure)
  • • Nuisance
  • • Illegal use of the premises
  • • Refusal to allow entry (after proper notice)
  • • Subletting or assignment in violation of lease
  • • Unapproved holdover after temporary occupancy
  • • Failure to sign a new lease on similar terms

📋 No-Fault Just Causes

  • • Owner move-in (OMI) — owner or qualified relative as primary residence for 36+ months
  • • Ellis Act — withdrawal of building from rental market
  • • Capital improvement/substantial rehabilitation (rarely used)
  • • Lead abatement work
  • • Demolition with permits
  • • Conversion to affordable housing
  • • Condominium conversion

💰 Required Relocation Assistance

  • $ OMI evictions: 1 year's rent for long-term tenants; minimum of 6 months' rent for all
  • $ Ellis Act evictions: Rent Board-set amount (currently approximately $15,000–$20,000+)
  • $ Additional relocation for senior (62+) or disabled tenants in OMI evictions
  • $ All relocation amounts are updated annually by the Rent Board

⭐ San Francisco-Specific Protections You Won't Find Everywhere

Right to Counsel — Free Attorney for Evictions

San Francisco funds a Right to Counsel (RTC) program that provides free legal representation to qualifying low-income tenants facing eviction. If your household income is below 200% of the federal poverty level, you may be entitled to a free attorney at every stage of the eviction process. Call (415) 982-1300 immediately upon receiving a summons. This single protection makes SF's tenant framework unique in California.

Buyout Agreement Disclosure & Rescission

SF was the first city in California to regulate tenant buyout agreements. Landlords must disclose your right to refuse, provide written disclosure of your rights, give you 30 days to consider the offer, file the agreement with the Rent Board, and allow you 45 days to rescind after signing. You can view all registered buyouts on the Rent Board's public database.

OMI Fraud Protections

Owner move-in (OMI) evictions are one of the most abused eviction grounds in SF. The city has created strong anti-fraud protections: the owner or relative must occupy the unit as their primary residence within 90 days and for a minimum of 36 consecutive months. The Rent Board tracks OMI units. If an OMI proves fraudulent, you are entitled to return at your original rent plus actual damages.

Subtenant Protections

SF provides some of the nation's strongest subtenant protections. If the original tenant (master tenant) moves out or is evicted, subtenants who have lived in the unit continuously may have independent tenancy rights in some circumstances. The Rent Board can issue rent history letters confirming a subtenant's history. This is a complex area — consult the Rent Board or an attorney.

Ellis Act Building Registry

SF maintains a public database of all buildings that have been withdrawn from the rental market via the Ellis Act. Buildings in the registry are subject to a 5-year re-rental prohibition and 10-year restriction on re-rental below market rate. If you move into a building that was Ellis'd in the past 10 years, you may have rights if the landlord attempts to re-rent.

Substantial Rehabilitation Restrictions

Substantial rehabilitation evictions in SF are extremely difficult to execute. Landlords must prove the rehabilitation is so extensive that the unit cannot be safely occupied, obtain all necessary permits, file with the Rent Board, pay relocation assistance, and offer the tenant the right of first return at the original rent. This ground is rarely used successfully due to the strict requirements.

🏛 San Francisco Rent Board

Hours: Mon–Fri 8am–12pm & 1pm–4pm (counseling by appointment); Hearings schedule varies

What the Rent Board Can Help You With (Free):

✓ Free tenant and landlord counseling (no appointment needed)
✓ Formal petition hearings (tenant and landlord petitions)
✓ Rent increase petitions — operating and maintenance costs
✓ Habitability decrease petitions
✓ Buyout agreement registration and cooling-off period oversight
✓ OMI and Ellis Act filing and tracking
✓ Rent history letters (vital for subtenants)
✓ Capital improvement petition review
✓ Annual certification database and rent rolls
SF Rent Board Property Lookup — check your unit's coverage status
Look Up Your Unit →

🆓 Free Legal Aid in San Francisco

Bay Area Legal Aid — SF (Right to Counsel) Free eviction defense — call immediately upon receiving summons
Tenderloin Housing Clinic Free legal services for low-income SF tenants
SF Eviction Defense Collaborative Tenant education, eviction defense, day-of-court help
Causa Justa :: Just Cause Tenant organizing and legal support
Chinatown Community Development Center Chinatown & Asian community housing services
Mission SRO Collaborative Hotel / SRO tenant rights and organizing

✊ Tenant Organizations in San Francisco

San Francisco Tenants Union Counseling, education, organizing for SF renters since 1970
Visit →
Tenderloin Neighborhood Development Affordable housing and tenant services in the Tenderloin
Visit →
Mission Economic Development Agency Mission District housing and anti-displacement work
Visit →
Senior & Disability Action Tenant rights for seniors and people with disabilities
Visit →

🏛 Eviction Court in San Francisco

San Francisco Superior Court — Civic Center Courthouse

📍 400 McAllister St, San Francisco, CA 94102

All SF unlawful detainer cases are filed here. The Right to Counsel program means qualifying low-income tenants get a free attorney automatically — call (415) 982-1300 the moment you receive a summons. 10 business days to respond (AB 2347, 2025).

⚠ Critical Deadline: You have 10 business days to file a written response after being served with a summons (AB 2347, effective January 2025). Missing this = automatic judgment against you.
Court Website →

Common Questions for San Francisco Renters

It depends on your unit. Under AB 1482 (the Tenant Protection Act), most California landlords can only raise rent once per year, by a maximum of 5% plus local CPI — and never more than 10% total. A 20% increase almost certainly violates this cap for covered units. AB 1482 applies to most multi-family buildings older than 15 years, but does NOT cover single-family homes or condos where the owner has given proper written notice, or buildings built in the last 15 years. Check your unit at tenantprotections.org. If you are covered, send a written dispute to your landlord immediately — paying the increase without objecting can be treated as acceptance. Many cities (LA, SF, Oakland, Santa Monica) have even stricter local rent caps.
No — a 3-day notice is NOT a court order and you do not have to leave. It is the first step in a legal process. If you pay the full amount owed within the 3-day period, the eviction stops entirely. If you do not pay, your landlord must then file an Unlawful Detainer (UD) lawsuit in court. After you are served with the court summons, you now have 10 business days to file a written response (AB 2347 extended this from 5 days starting January 1, 2025). Only a judge can order you to leave — not your landlord. Do not ignore the summons or you will get a default judgment automatically.
Under California Civil Code §1950.5, landlords can only deduct for cleaning that brings the unit back to the condition it was in when you moved in — not to make it cleaner. They cannot charge for professional cleaning if you left it reasonably clean. Under AB 2801 (effective 2025), landlords must now take photos before and after any cleaning or repairs, and must provide itemized receipts for work over $125. If they failed to follow these requirements, they forfeit their right to deductions entirely. Send a written demand letter disputing the specific deductions. If unresolved, file in small claims court — you can recover the deposit plus up to 2x the amount as a bad faith penalty, plus court costs.
No. California Civil Code §1954 requires landlords to give at least 24 hours written notice before entering for non-emergency purposes, and entry must be during normal business hours (8am–6pm, or agreed hours). Verbal notice is not sufficient — it must be in writing (a text message counts). The only exception is a genuine emergency (fire, flood, gas leak). Repeated unauthorized entries constitute landlord harassment under Civil Code §1940.2. Send your landlord a written letter citing §1954 and demanding they stop. If it continues, document every incident with dates and times, and consult a tenant attorney — you may be entitled to damages.
You have options, but stopping rent cold is risky without legal guidance. Visible mold that poses a health risk is a substandard condition under California Health & Safety Code §17920.3 and your landlord must remediate it. Your safest options are: (1) File a code enforcement complaint with your city or county — this triggers a formal inspection and puts your landlord on legal notice; (2) Repair and deduct — hire a licensed contractor and deduct costs from rent (up to one month's rent, twice per year); (3) Rent withholding into a separate trust account for severe conditions — but consult an attorney first; (4) Sue for damages including rent reduction during the uninhabitable period. Always document with dated photos and send repair requests by certified mail.
Only under very specific conditions. Under AB 1482, "substantial remodel" is a valid no-fault just cause, BUT the landlord must: (1) give you 60 days written notice (if you have lived there 1+ year); (2) pay you relocation assistance equal to one month's rent; (3) the renovation must require permits and be so substantial that you cannot safely occupy the unit during work. Cosmetic upgrades do not qualify. After the work is complete, you typically have the right to return at your original rent. "Ellis Act" evictions (taking the building off the rental market entirely) have even stricter rules. If your landlord claims renovation but the work is minor, this may be a pretextual eviction — contact a tenant attorney immediately.
Lack of heat is a serious habitability violation — California law requires landlords to maintain heating that can reach at least 70°F in living areas. Before withholding rent, take these steps in order: (1) Send a written repair request by text or email AND certified mail; (2) Give your landlord a "reasonable time" to fix it — for heating in cold weather, 24-72 hours is reasonable; (3) File a code enforcement complaint if they don't respond; (4) Use the repair-and-deduct remedy — buy space heaters or hire a contractor, deduct from rent (up to one month's rent). Outright rent withholding should be done carefully, with money held in a separate account, and ideally with an attorney's guidance. Never withhold silently — always notify your landlord in writing.
No. Landlords cannot unilaterally add new fees during an existing lease period without your written consent. Any fee not specified in your signed lease agreement is unenforceable. Common illegal fees include: convenience fees for online payment, administrative fees, move-in/move-out fees beyond the security deposit limit, and excessive late fees (California generally limits late fees to 5-6% of rent). Respond in writing stating that you do not accept the new fee and that it is not part of your lease agreement. If your landlord threatens eviction over the fee, do not pay it without legal advice — an eviction based on a disputed illegal fee is itself potentially illegal.
If you have lived in the unit for less than one year, your landlord must give 30 days written notice. If you have lived there for one year or more, they must give 60 days written notice. However — if your unit is covered by AB 1482 (most multi-family buildings over 15 years old), your landlord also needs a valid "just cause" to end your tenancy after 12 months of residency. You cannot be evicted without cause just because you are month-to-month in a covered unit. Many cities (LA, SF, Oakland, Berkeley, Santa Monica) have even stronger protections. Check your local ordinance.
No — it has been illegal in California since 2020. SB 329 expanded the state's Fair Employment and Housing Act (FEHA) to prohibit landlords from refusing to rent based on "source of income," which explicitly includes Section 8 / Housing Choice Vouchers, VASH vouchers, and other government rental assistance. Advertising "No Section 8" is also illegal. If a landlord refuses your voucher, you can: (1) File a complaint with the California Civil Rights Department (CRD) at calcivilrights.ca.gov — free, within 2 years; (2) File a complaint with HUD; (3) Sue civilly for damages, injunctive relief, and attorney fees. You can also file with your local fair housing agency.
Owner move-in (OMI) evictions are a valid no-fault just cause under AB 1482, but they come with strict requirements. The landlord or a qualifying family member must actually intend to live there as their primary residence, must move in within 90 days of your departure, and must live there for at least 12 consecutive months. You must receive 60 days written notice (if 1+ year tenancy) and relocation assistance of one month's rent. If the landlord does NOT move in, or moves out within 12 months, you may have a right to return at your original rent AND damages. OMI fraud — evicting a tenant pretextually — is illegal and increasingly prosecuted, especially in cities like San Francisco and Los Angeles.
As of January 1, 2025 (AB 2347), you now have 10 business days from the date you were served the Unlawful Detainer summons to file a written response with the court — extended from the previous 5-day deadline. This is one of the most critical deadlines in California tenant law. Missing it means automatic judgment against you and the sheriff can remove you without a trial. You do not need a lawyer to file a response, but getting one dramatically improves your outcome. File your response (Form UD-105) at the courthouse that issued the summons. Many courthouses have self-help centers, and many counties have free legal aid for eviction defense.
This is illegal landlord harassment and potentially extortion. Under California Civil Code §1940.35, it is unlawful for a landlord to threaten to report a tenant's immigration status to coerce them into vacating, paying money, or waiving any legal rights. Violators face actual damages, punitive damages, a civil penalty of up to $2,000 per violation, and attorney fees. Your immigration status does NOT affect your California tenant rights — you have full protections regardless of documentation status. Document the threat (text, email, or write down what was said with the date). Then contact a tenant attorney or legal aid organization immediately. This is a strong case.
California has a strong "duty to mitigate" rule — your landlord is legally required to make reasonable efforts to re-rent the unit after you leave. If they find a new tenant immediately, you owe nothing for the remaining term. You only owe rent for the period the unit is actually vacant while the landlord is actively trying to re-rent it. You do NOT automatically owe 4 months of rent. To protect yourself: give written notice as early as possible, offer to cooperate with showings, keep records of your departure date and the unit's condition, and follow up to confirm re-rental. Breaking a lease for specific reasons (domestic violence, uninhabitable conditions, active military duty) carries additional legal protections under California law.
Your landlord is in violation of California law. Under Civil Code §1950.5, landlords must return your security deposit — along with a written itemized statement of any deductions and copies of receipts — within 21 calendar days of you vacating. Missing this deadline means they forfeit their right to make ANY deductions and owe you the full deposit back. Under AB 2801 (2025), they must also provide photos of any claimed damage. Send a written demand letter immediately via certified mail stating the deadline has passed, demanding full return, and citing Civil Code §1950.5. If they still do not respond, file in small claims court — the limit is $12,500 and you can claim the full deposit plus up to 2x the withheld amount as a bad faith penalty.