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๐Ÿ› San Francisco County
Tenant Rights

California's Strongest Tenant Protections โ€” Nearly Every Renter Is Covered

๐Ÿ“ San Francisco County, CA โœ“ Local Rent Control Exists

Renting in San Francisco County

San Francisco has the most comprehensive tenant protections of any jurisdiction in California โ€” and among the strongest in the United States. The SF Rent Ordinance covers the vast majority of residential rental units, limits annual rent increases to a fraction of CPI, and requires just cause for evictions with very narrow exceptions. If you rent in San Francisco, you almost certainly have significant legal protections. The SF Rent Board provides free counseling, mediation, and formal hearings โ€” and is one of the most tenant-accessible agencies in the state.

โœ“ Local Rent Control Protections

Governing Law San Francisco Rent Ordinance (Administrative Code Chapter 37) โ€” enacted 1979
Annual Rent Cap 60% of CPI (typically 1โ€“3% annually) โ€” some years 0% increase allowed
What's Covered

Covers most residential units in buildings with 2+ units where a certificate of occupancy was issued before June 13, 1979. Single-family homes and condos are partially exempt from rent limits but still subject to just cause eviction requirements.

  • โœ“ Annual rent increases capped at 60% of CPI โ€” one of the lowest caps in the country
  • โœ“ Landlords may bank unused increases but are limited in how they can apply them
  • โœ“ Just cause eviction required for nearly all SF tenants โ€” including most single-family home renters
  • โœ“ SF just cause applies regardless of how long you've lived there for covered units
  • โœ“ Substantial relocation assistance required for all no-fault evictions (Ellis Act, owner move-in, demolition)
  • โœ“ Owner move-in evictions require landlord or close relative to actually move in for 36+ months
  • โœ“ Ellis Act evictions (taking building off rental market) have strict requirements and tenant rights
  • โœ“ Buyout agreements must be disclosed to the Rent Board โ€” tenants have 45 days to rescind
  • โœ“ Capital improvement petitions allow landlords to pass through major renovation costs temporarily
  • โœ“ SF Rent Board provides free counseling, tenant petitions, and formal hearings at no cost

๐Ÿ›ก Just Cause Eviction Protections

โœ“ Just Cause Protections Apply

Governing Law: SF Rent Ordinance Chapter 37.9 โ€” 16 specific just causes for eviction

SF's just cause ordinance is one of the most protective in the nation. There are only 16 permissible grounds for eviction โ€” 9 "at fault" (nonpayment, nuisance, etc.) and 7 "no fault" (owner move-in, Ellis Act, etc.). No-fault evictions require substantial relocation assistance. Owner move-in evictions are heavily regulated and frequently litigated. SF has a right-to-counsel program providing free attorneys to low-income tenants facing eviction.

๐Ÿ™ Cities with Local Rent Stabilization in San Francisco County

City Annual Cap Coverage
San Francisco 60% of CPI (~1โ€“3%) Pre-June 1979 buildings with 2+ units. Most comprehensive RSO in CA.

๐Ÿ˜ Major Renter Cities in San Francisco County

New Construction (post-June 1979) Varies renters Units in buildings with certificates of occupancy after June 13, 1979 are exempt from rent limits but still subject to SF just cause eviction protections.
Single-Family Homes & Condos Varies renters Exempt from SF rent limits per Costa-Hawkins, but SF just cause eviction ordinance still applies. AB 1482 may provide rent cap coverage.

๐Ÿ› Eviction Court in San Francisco County

San Francisco Superior Court โ€” Civic Center Courthouse

๐Ÿ“ 400 McAllister St, San Francisco, CA 94102

All SF unlawful detainer cases filed here. SF has a Right to Counsel program โ€” if your household income is below 200% of the federal poverty level, you may be entitled to a free attorney when facing eviction. Call (415) 982-1300 immediately upon receiving a summons. 5 business days to respond after service.

โš  Critical: You have only 5 business days to file a written response after being served with an Unlawful Detainer summons. Missing this deadline results in automatic judgment against you.
Visit Court Website โ†’

๐Ÿ†“ Free Legal Aid in San Francisco County

Tenderloin Housing Clinic Free legal services for low-income SF tenants
Bay Area Legal Aid โ€” SF Free eviction defense, SF Right to Counsel program
SF Rent Board Counseling Free counseling, petitions, hearings for all SF renters
Causa Justa :: Just Cause โ€” SF Tenant organizing and legal support
Chinatown Community Development Center Housing services for Chinatown & Asian community
SF Eviction Defense Collaborative Tenant education, eviction defense, day-of-court help
Mission SRO Collaborative Hotel/SRO tenant rights and organizing

Common Issues in San Francisco County

Attorneys in San Francisco County

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No attorneys listed yet for San Francisco County

We're expanding our directory. The California State Bar Lawyer Referral Services can help you find qualified representation in the meantime.

Find via CA State Bar โ†’

Tenant FAQs for San Francisco County

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 โ€” 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 โ€” paying the increase without objecting can be treated as acceptance. Many cities (LA, SF, Oakland, Santa Monica) have even stricter local rent caps.
No โ€” 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 โ€” not your landlord. Do not ignore the summons or you will get a default judgment automatically.
Under California Civil Code ยง1950.5, landlords can only deduct for cleaning that brings the unit back to the condition it was in when you moved in โ€” 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 โ€” you can recover the deposit plus up to 2x the amount as a bad faith penalty, plus court costs.
No. California Civil Code ยง1954 requires landlords to give at least 24 hours written notice before entering for non-emergency purposes, and entry must be during normal business hours (8amโ€“6pm, or agreed hours). Verbal notice is not sufficient โ€” 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 ยง1940.2. Send your landlord a written letter citing ยง1954 and demanding they stop. If it continues, document every incident with dates and times, and consult a tenant attorney โ€” 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 ยง17920.3 and your landlord must remediate it. Your safest options are: (1) File a code enforcement complaint with your city or county โ€” this triggers a formal inspection and puts your landlord on legal notice; (2) Repair and deduct โ€” 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 โ€” 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 โ€” contact a tenant attorney immediately.
Lack of heat is a serious habitability violation โ€” California law requires landlords to maintain heating that can reach at least 70ยฐF 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 โ€” 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 โ€” 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 โ€” 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 โ€” 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 โ€” 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 โ€” 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 โ€” 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 โ€” evicting a tenant pretextually โ€” 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 โ€” 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 ยง1940.35, 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 โ€” 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 โ€” 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 ยง1950.5, landlords must return your security deposit โ€” along with a written itemized statement of any deductions and copies of receipts โ€” 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 ยง1950.5. If they still do not respond, file in small claims court โ€” the limit is $12,500 and you can claim the full deposit plus up to 2x the withheld amount as a bad faith penalty.