San Francisco tenant rights come from two layers of law working together: the local Residential Rent Stabilization and Arbitration Ordinance, which caps rent increases and limits evictions in older buildings, and California state statutes, which govern habitability, security deposits, and landlord entry for every renter in the city. If you live in a building that got its certificate of occupancy before June 13, 1979, you probably have rent control and just cause eviction protection. If you don’t, you still have meaningful protections under state law. Either way, you cannot be removed from your home simply because a landlord wants to replace you with someone who will pay more.
How Much Your Rent Can Go Up
For units covered by local rent control, the annual allowable increase is capped at 60 percent of the change in the Consumer Price Index for the San Francisco-Oakland-Hayward area, and can never exceed 7 percent in a single year.1American Legal Publishing. San Francisco Administrative Code SEC. 37.3 – Rent Limitations The actual numbers have stayed well below that ceiling. From March 1, 2025 through February 28, 2026, the allowable increase is 1.4 percent. For March 2026 through February 2027, it rises to 1.6 percent.2SF.gov. Current Rates, Including Rent Increase, Relocation, Sec. Deposit
A landlord can impose the increase only once every twelve months. Increases of 10 percent or less require 30 days’ written notice; anything above 10 percent requires 60 days. When a landlord skips a year, the unused percentage doesn’t disappear. San Francisco allows unlimited banking of unused increases, which can later be applied all at once with proper documentation showing the math.
Rent control does not cover every unit. Single-family homes, condominiums, and buildings constructed after 1979 are exempt under the state-level Costa-Hawkins Rental Housing Act. Many of those units still get protection from the California Tenant Protection Act of 2019 (AB 1482), which caps annual increases at 5 percent plus local inflation or 10 percent, whichever is lower. For San Francisco, that comes to a maximum increase of 6.3 percent from August 1, 2025 through July 31, 2026.3SF.gov. The California Tenant Protection Act of 2019 (AB 1482) AB 1482 is set to expire on January 1, 2030.
When a Landlord Can Evict You
In rent-controlled units, a lease expiring is not grounds to make you leave. The Rent Ordinance lists sixteen specific legal grounds for eviction, split into at-fault and no-fault categories.4American Legal Publishing. San Francisco Administrative Code SEC. 37.9 – Evictions At-fault grounds include non-payment of rent, habitual late payment, causing a substantial nuisance, using the unit for illegal purposes, and refusing to sign a new lease on substantially identical terms. Any eviction notice must identify the specific just cause the landlord is relying on.
Tenants in units exempt from local rent control may still have just cause protection under AB 1482, which prohibits no-cause evictions once a tenant has lived in a unit for at least 12 months. The statewide categories largely mirror the local list, though San Francisco’s ordinance generally offers stronger remedies.
Owner Move-In Evictions
The most common no-fault eviction is the owner move-in, where the landlord or an immediate family member intends to live in the unit. The landlord must sign a declaration under penalty of perjury stating a good-faith intent to use the unit as a principal residence for at least 36 continuous months, and must file a copy of the notice and proof of service with the Rent Board within 10 days.5American Legal Publishing. San Francisco Administrative Code SEC. 37.9B – Tenant Rights in Evictions If the landlord doesn’t actually move in within three months or doesn’t stay the full 36 months, you may have grounds for a wrongful eviction lawsuit.
Families with children under 18, and San Francisco school employees, get an added shield: if the tenancy has lasted at least 12 months, the landlord cannot carry out an owner move-in eviction during the school year.
Money You Are Owed If You’re Pushed Out
When a landlord pursues a no-fault eviction, whether an owner move-in, a capital improvement removal, or an Ellis Act withdrawal, the Rent Ordinance requires relocation assistance payments to every displaced tenant. Each authorized occupant receives a per-person payment, subject to a household cap, and senior citizens and disabled tenants qualify for a supplemental amount. The current figures are updated each March 1 and posted on the Rent Board’s website.2SF.gov. Current Rates, Including Rent Increase, Relocation, Sec. Deposit Half the total must be paid when the eviction notice is served; the rest is due when you move out.
Ellis Act Withdrawals
The Ellis Act (California Government Code Section 7060) lets landlords exit the rental business by withdrawing all units in a building from the market. The landlord files a Notice of Intent to Withdraw with the Rent Board, which triggers a 120-day notice period before tenants must vacate. Tenants who are 62 or older, and disabled tenants who have lived in the unit for at least one year, can extend that period to a full year by giving written notice to the landlord within 60 days of the Notice of Intent filing.6SF.gov. Evictions Pursuant to the Ellis Act If the landlord later returns the units to the rental market, former tenants have re-occupancy rights at their original rent.
If You’re Offered Cash to Leave
Landlords sometimes offer money in exchange for a tenant voluntarily giving up a rent-controlled unit. San Francisco regulates these buyout negotiations to prevent pressure tactics. Before any negotiation starts, the landlord must give you a written disclosure on a Rent Board-approved form telling you that you have no obligation to negotiate or accept any offer, that you have the right to consult an attorney, and how a buyout could affect your eligibility for the city’s affordable housing programs.7American Legal Publishing. San Francisco Administrative Code SEC. 37.9E – Tenant Buyout Agreements
Even after you sign a buyout agreement, you have 45 days to change your mind and cancel in writing. All completed buyout agreements must be filed with the Rent Board, and that data is public, so you can research what tenants in your neighborhood have received before deciding what to accept.
Habitability, Repairs, and Landlord Entry
California Civil Code Section 1941.1 sets baseline habitability requirements for every rental in the state: effective weatherproofing on roofs and exterior walls, working plumbing and gas, a code-compliant sewage system, functioning electrical wiring, and clean common areas free of pests and debris.8California Legislative Information. California Code CIV 1941.1 – Tenantability of Dwelling San Francisco’s Building Code goes further on heating: every dwelling unit must have heating capable of maintaining at least 70°F in all habitable rooms, measured three feet above the floor.9American Legal Publishing. San Francisco Building Code SEC. 701 – Heating and Ventilation Landlords also have a duty under California Health and Safety Code Section 26147 to disclose known mold conditions that exceed permissible exposure limits or pose a health risk.10California Legislative Information. California Health and Safety Code 26147
When a landlord fails to fix a condition that makes the unit unlivable after receiving notice, you can hire someone to do the repair and deduct the cost from rent. The expense cannot exceed one month’s rent, and this remedy can only be used twice in any 12-month period.11California Legislative Information. California Civil Code 1942 Put every request in writing and keep copies. The remedy only reaches genuine habitability problems, not cosmetic ones like chipped paint.
A landlord cannot enter your unit at will. Civil Code Section 1954 requires reasonable written notice, and 24 hours is presumed reasonable. The notice must state the date, approximate time, and purpose, and entry is limited to normal business hours.12California Legislative Information. California Civil Code 1954 Genuine emergencies, like a burst pipe, are the exception. Repeated entries without proper notice can rise to the level of harassment under the Rent Ordinance.
Security Deposits
As of July 1, 2024, Assembly Bill 12 caps security deposits at one month’s rent for most landlords, whether or not the unit is furnished. The old two-month and three-month limits are gone. A narrow exception survives: landlords who are natural persons (or LLCs composed entirely of natural persons) owning no more than two residential rental properties totaling four or fewer units can still charge up to two months.13California Legislative Information. Assembly Bill 12 – California Legislative Information
San Francisco adds its own rule through Administrative Code Chapter 49: landlords must pay simple annual interest on any security deposit held for at least one year, at a rate the Rent Board sets each year. Interest is paid directly or credited to the next month’s rent on the anniversary of your move-in date.14San Francisco Rent Board. San Francisco Administrative Code Chapter 49 – Interest on Security Deposits
When a tenancy ends, the landlord has 21 days to return your deposit with an itemized statement of any deductions. If deductions total $125 or more, receipts or invoices must be included. If the landlord did the work personally, the statement must show the work performed, time spent, and hourly rate. Missing the 21-day deadline or failing to document deductions can entitle you to a full refund.
Replacing a Roommate
Losing a roommate doesn’t have to mean losing your apartment. Tenants in rent-controlled units have the right to replace a departing roommate even when the lease contains a no-subletting clause. You submit a written request to the landlord identifying the proposed new occupant. If the landlord doesn’t respond in writing with specific reasons for denial within 14 days, the replacement is automatically approved by law.15SF.gov. Evictions Based on Breach of No Subletting Clause and/or Breach of Occupancy Limits
Occupancy limits still apply: two people in a studio, three in a one-bedroom, four in a two-bedroom, six in a three-bedroom, and eight in a four-bedroom. A remaining tenant generally can’t replace a departing roommate more than once every 12 months without good cause. If a landlord unreasonably refuses consent, you can petition the Rent Board for a rent reduction based on decreased housing services. And if you moved someone in without the written-request procedure, the landlord must still serve a 10-day notice to cure before pursuing eviction, which gives you a chance to file the paperwork retroactively.
If Your Landlord Is Harassing You
San Francisco treats tenant harassment as both a civil and criminal matter. Administrative Code Section 37.10B prohibits threats, intimidation, interruption of housing services, repeated entry violations, and interference with quiet enjoyment. A landlord convicted of harassment faces misdemeanor charges carrying up to six months in jail and a $1,000 fine.16American Legal Publishing. San Francisco Administrative Code SEC. 37.10B – Tenant Harassment
The civil side carries real money. A tenant who proves harassment is entitled to at least three times actual damages, including damages for emotional distress, or $1,000 in statutory damages, whichever is greater. Emotional distress damages can be trebled if the landlord acted in knowing violation of the Rent Ordinance or with reckless disregard for it. A prevailing tenant also recovers reasonable attorney’s fees and costs, and punitive damages are available in egregious cases.16American Legal Publishing. San Francisco Administrative Code SEC. 37.10B – Tenant Harassment Harassment can also be raised as a defense in any eviction lawsuit.
Where to Get Help
Disputes about rent increases, decreased housing services, and other Rent Ordinance issues go to the San Francisco Rent Board. You can file a petition in person, by mail, or by email, and most cases are directed to mediation first. If mediation fails, the case moves to a formal arbitration hearing before an Administrative Law Judge, whose decision can be appealed to the full board of commissioners.
If you’ve received a notice to quit or an unlawful detainer complaint, San Francisco’s Tenant Right to Counsel program guarantees you a free defense attorney regardless of income. The Eviction Defense Collaborative leads the program; you can call (415) 659-9184 or visit 976 Mission Street during weekday morning and afternoon drop-in hours. Eviction defense runs on strict court deadlines, and a missed filing can produce a default judgment even when the landlord’s case is weak. Call before you miss a date.