San Francisco tenant rights combine one of the country’s strongest local rent ordinances with California’s statewide protections, so most renters in the city are covered by caps on annual rent increases, limits on when a landlord can evict, mandatory relocation pay for no-fault evictions, deposit rules, habitability standards, and anti-discrimination laws. How much of that package applies to you depends mostly on when your building was built and what type of unit you rent.
Which Protections Apply to Your Unit
The strongest rules come from the San Francisco Rent Ordinance in Chapter 37 of the Administrative Code, and they cover most units in multi-unit residential buildings that received a certificate of occupancy on or before June 13, 1979. If you live in one of those units, you get both annual rent increase caps and just cause eviction protections through the city.
Single-family homes and condominiums are generally exempt from local rent caps under the state’s Costa-Hawkins Rental Housing Act.1Wikipedia. Costa-Hawkins Rental Housing Act Exempt from local rules is not the same as unprotected. California’s Tenant Protection Act (AB 1482) caps annual rent increases at 5% plus the local change in cost of living, or 10%, whichever is lower, once you have lived in the unit at least 12 months, and it adds its own just cause eviction rules. Owners of single-family homes and condos can claim an AB 1482 exemption by giving the required written notice, but only if they are not a corporation, a real estate investment trust, or an LLC with a corporate member.2California Legislative Information. AB 1482 Tenant Protection Act of 2019
Buildings finished after June 13, 1979 but more than 15 years ago typically fall under AB 1482’s rent cap and just cause protections. Units built within the last 15 years are exempt from both local and state rent caps. If you are not sure which category you are in, the San Francisco Rent Board can tell you what applies to your address.
Annual Rent Increases
For units covered by the Rent Ordinance, the Rent Board sets an annual allowable increase each year based on 60% of the regional Consumer Price Index. The rate for March 1, 2025 through February 28, 2026 is 1.4%.3SF.gov. Annual Rent Increase for 3/1/25 – 2/28/26 Announced The rate resets every March 1, and your landlord must give at least 30 days’ written notice before an increase takes effect.
Landlords who skip a year can bank the missed percentage and apply it later under Rent Board rules. Anything beyond the annual allowable increase requires a formal petition. Capital improvement costs can be passed through to tenants only after Rent Board approval, and routine maintenance cannot be passed through at all.4American Legal Publishing. San Francisco Administrative Code – Section 37.7 Certification of Rent Increases for Capital Improvements
If you think an increase exceeds the legal limit, you can file a Report of Excessive Rent Increase with the Rent Board. The Board will investigate and, if the increase is unlawful, order the rent adjusted back down.5Rent Board. Forms Center
When a Landlord Can Evict You
A San Francisco landlord cannot simply decline to renew a lease or hand you a move-out notice. Section 37.9 of the Rent Ordinance lists 17 specific grounds for eviction, and the landlord must prove one applies.6American Legal Publishing. San Francisco Administrative Code – Section 37.9 Evictions Those grounds fall into two groups.
At-Fault Grounds
At-fault grounds require the tenant to have done something wrong. The most common are failure to pay rent, habitual late payment, a substantial lease violation, creating a nuisance that disturbs other residents, and using the unit for illegal purposes. Other grounds include refusing lawful access after written notice and an unapproved subtenant holding over after the original tenancy ends. For nonpayment or a curable lease violation, the landlord typically serves a three-day notice giving you a chance to fix the problem before filing in court.7California Courts. Types of Eviction Notices
No-Fault Grounds and Relocation Pay
No-fault grounds cover situations where you have done nothing wrong but the landlord wants the unit back. The two most common are owner move-in evictions, where the landlord or a qualifying relative intends to occupy the unit as a primary residence for at least 36 continuous months, and Ellis Act withdrawals, where the landlord permanently removes every unit in the building from the rental market.8SF.gov. Evictions Pursuant to the Ellis Act Demolition, substantial rehabilitation, and temporary removal for capital improvements are also on the no-fault list.
Every no-fault eviction triggers mandatory relocation payments. For Ellis Act evictions, the rate effective March 1, 2026 is $11,110.05 per eligible tenant, capped at $33,330.13 per unit.9SF.gov. Current Rates Including Rent Increase, Relocation, and Security Deposit Other no-fault evictions follow a separate relocation schedule, with additional payments for tenants who are 60 or older, disabled, or living with a child under 18.10American Legal Publishing. San Francisco Administrative Code – Section 37.9C Tenants Rights to Relocation for No-Fault Evictions Amounts adjust upward every year with local rental CPI. A landlord who fails to pay the required relocation or skips proper notice procedures can have the entire eviction thrown out in court.
Buyout Offers
Some landlords would rather pay you to leave than pursue an eviction. Section 37.9E of the Administrative Code regulates these offers closely. Before starting negotiations, the landlord must give you a written disclosure on a Rent Board form telling you that you have no obligation to negotiate or accept, that you can consult an attorney first, and that you have up to 45 days after signing to rescind any final agreement.11American Legal Publishing. San Francisco Administrative Code – Section 37.9E Tenant Buyout Agreements
The landlord must also file a declaration with the Rent Board before negotiations begin, and the final agreement cannot be signed until at least 30 days after negotiations start. The disclosure includes contact information for tenants’ rights organizations, notice about how a buyout may affect your eligibility for affordable housing programs, and, when a business entity is the landlord, the names of every person involved in the negotiation. The 45-day rescission window matters most. If you sign under pressure and change your mind, you can undo the agreement within that period. Executed buyouts are filed with the Rent Board, so you can look up what other tenants in your neighborhood received before deciding.
Habitability and Repairs
Every residential unit in San Francisco must meet baseline health and safety standards regardless of building age or lease terms. California Civil Code Section 1941.1 and the San Francisco Housing Code together define habitable: waterproof roofing and exterior walls, intact windows and doors, functioning plumbing with hot and cold water, working electrical systems, and common areas free of rodents and insects.
San Francisco’s Building Code goes further than many cities on heat. Landlords must provide a heating system that can maintain at least 70°F in every habitable room, measured three feet above the floor.12American Legal Publishing. San Francisco Building Code – Section 701 Heating and Ventilation Persistent mold and recurring pest infestations that threaten health also violate habitability standards.
What You Can Do If Repairs Are Ignored
California gives tenants three self-help remedies when a landlord ignores serious problems.
- Repair and deduct. After notifying your landlord of a serious defect, you can wait a reasonable time and, if nothing happens, hire someone to fix it and deduct the cost from your next rent. The repair cannot exceed one month’s rent, and you can use this remedy only twice in any 12-month period. Thirty days is presumed reasonable, though urgent problems like a broken heater in winter allow a shorter wait.13California Legislative Information. California Code CIV 1942
- Rent withholding. For defects that threaten your health or safety, you can withhold some or all of your rent until repairs are made. The risk: if a court later finds the conditions did not justify withholding, you could face an eviction for nonpayment. Setting the withheld amount aside in a separate account helps show good faith.
- Vacating the unit. If conditions are genuinely dangerous and the landlord refuses to act after reasonable notice, you can move out, and your rent obligation ends the day you leave.13California Legislative Information. California Code CIV 1942
None of these remedies apply if you or your guests caused the damage. Whichever you choose, document the problem thoroughly with photos, dated written complaints to the landlord, and reports to the San Francisco Department of Building Inspection.
Security Deposits
California overhauled its security deposit rules effective July 1, 2024. The maximum deposit is now one month’s rent, whether the unit is furnished or unfurnished. The only exception is for small landlords: a natural person, or an LLC made up entirely of natural persons, who owns no more than two rental properties totaling four or fewer units can still charge up to two months’ rent.14California Legislative Information. California Code CIV 1950.5 – Security for Rental Agreement A larger deposit paid under the old rules remains valid, but the landlord cannot collect a new deposit exceeding the current limit.
San Francisco adds annual interest. Landlords must pay interest on all security deposits held longer than one year, and the current rate is 4.2% effective March 1, 2026 through February 28, 2027.9SF.gov. Current Rates Including Rent Increase, Relocation, and Security Deposit This applies to every residential rental in the city, including units otherwise exempt from rent control.
Getting Your Deposit Back
After you move out, the landlord has 21 calendar days to either return the full deposit or send you an itemized statement of every deduction.14California Legislative Information. California Code CIV 1950.5 – Security for Rental Agreement Allowed deductions cover unpaid rent, cleaning needed to restore the unit to its move-in condition, and repairs for damage beyond normal wear and tear. When deductions for repairs and cleaning exceed $125, the landlord must attach receipts or invoices for the actual work.
A landlord who withholds a deposit in bad faith can be ordered to pay up to twice the deposit amount in damages on top of returning what is owed. A formal written demand often resolves the dispute before small claims court, because a landlord who missed the 21-day deadline knows the penalty exposure.
Entry, Harassment, and Retaliation
California Civil Code Section 1954 controls when a landlord can enter your unit. Outside of a genuine emergency, the landlord must give at least 24 hours’ written notice stating the date, approximate time, and specific reason, and the entry must happen during normal business hours. Permitted reasons include necessary repairs, showings to prospective buyers or tenants, and legally required inspections. The statute expressly prohibits abusing entry rights to harass tenants.15California Legislative Information. California Code CIV 1954 – Right of Landlord to Enter Dwelling Unit
Harassment goes well beyond improper entry. California law makes it illegal for a landlord to use force, threats, or intimidation to pressure you out, and it specifically prohibits threatening to report your immigration status. Tenants can recover up to $2,000 per violation. Separately, a landlord who retaliates against you for exercising legal rights, such as filing a habitability complaint or reporting code violations, is liable for actual damages plus up to $2,000 in punitive damages per retaliatory act. Common harassment patterns in the city include refusing to accept rent, withholding maintenance to make the unit miserable, removing personal property, and staging repeated unannounced visits or timed construction disruptions.
Discrimination and Source of Income
Federal law prohibits housing discrimination based on race, color, national origin, religion, sex (including sexual orientation and gender identity), disability, and familial status. California’s Fair Employment and Housing Act adds more protected categories, including source of income.
The source-of-income rule matters especially in a tight rental market. A landlord cannot refuse to rent to you because you plan to pay with a Housing Choice (Section 8) voucher, Social Security disability benefits, rental assistance, or any other lawful source. Refusing to fill out voucher paperwork, charging a higher deposit for Section 8 applicants, and advertising “No Section 8” are all violations. Landlords can ask about the level and source of your income, but they cannot use it to reject you. When a government subsidy pays part of the rent, any income qualification must be based only on the portion you actually pay, not the full market rent.16California Civil Rights Department. Housing
If you have a disability, you also have the right to request reasonable accommodations (changes to rules) and reasonable modifications (physical changes to the unit) so your housing is accessible. Common examples include a reserved parking spot closer to the unit, permission to keep an assistance animal despite a no-pets policy, and installing grab bars in the bathroom. The landlord must grant the request unless it would impose an undue financial or administrative burden.
Lead Paint Disclosure for Older Buildings
Most rent-controlled housing in San Francisco predates 1978, which means the federal lead paint disclosure rule applies to a large share of the city’s rental stock. Before you sign a lease in a pre-1978 building, the landlord must give you an EPA pamphlet on lead hazards, disclose any known lead paint in the unit or common areas, and share any existing inspection reports. You and the landlord both sign a lead warning statement, and the landlord must keep the signed form for at least three years.17US EPA. Real Estate Disclosures About Potential Lead Hazards If your landlord never provided these disclosures, that is a violation worth raising, both as a legal matter and because lead exposure in older buildings is a real health risk where paint is chipping or deteriorating.