San Francisco tenant rights come from two overlapping systems: the San Francisco Rent Ordinance (Chapter 37 of the Administrative Code), administered by the Rent Board, and California state law. Together they cap annual rent increases, require a legally recognized reason for every eviction, mandate relocation payments when tenants are displaced through no fault of their own, set habitability standards, protect against retaliation and harassment, and bar discrimination. What follows is how those protections work and when each one applies.
Annual Rent Increase Limits
Local rent control covers most multi-unit residential buildings that received their first certificate of occupancy on or before June 13, 1979. The Rent Board sets the annual cap each March at 60% of the year-over-year change in the Consumer Price Index for the San Francisco-Oakland-Hayward area. For the period from March 1, 2025, through February 28, 2026, the cap is 1.4%.
Newer buildings, single-family homes, and condominiums are generally exempt from the local cap under the state Costa-Hawkins Rental Housing Act. Many of those units are still covered by the California Tenant Protection Act (AB 1482), which caps annual increases at 5% plus the local CPI change, or 10%, whichever is lower.1California Legislative Information. California State Assembly Bill 1482 – Tenant Protection Act of 2019 AB 1482 also picks up newer buildings once they cross the 15-year mark from their certificate of occupancy, on a rolling basis.
Whatever the cap, the landlord must give written notice before raising rent. Thirty days’ notice is required for increases of 10% or less within a 12-month period, and 90 days’ notice for anything above 10%.2California Legislative Information. California Code CIV 827 – Notice of Change in Terms of Lease An increase that skips the notice or exceeds the allowable rate is void. The rent-controlled amount stays attached to the unit until the tenant voluntarily vacates.
Just Cause Eviction
A San Francisco landlord cannot end a tenancy without a legally recognized reason. Section 37.9 of the Administrative Code lists 17 grounds, which fall into two groups.3San Francisco Municipal Code. San Francisco Administrative Code Section 37.9 – Evictions
Fault-based grounds involve tenant conduct: failure to pay rent, substantial lease violations, nuisance, illegal use of the unit, refusing lawful access after written notice, or refusing to sign a renewal on materially the same terms.
No-fault grounds have nothing to do with the tenant’s behavior: the landlord or a qualifying relative intends to move in, the landlord is withdrawing all units from the rental market under the Ellis Act, the unit requires substantial rehabilitation or demolition under permits, or the unit is being converted under an approved condominium plan.
Just cause coverage is broader than rent-increase coverage. A 2019 local ordinance extended just cause protections to units built after June 13, 1979, even though those units remain outside the local rent-increase cap. AB 1482 provides a parallel state-level just cause rule for units that fall outside the local ordinance. In practical terms, a tenant in San Francisco who pays rent on time and follows the lease cannot be forced out just because a term ends or a landlord wants a higher-paying occupant.
Relocation Payments for No-Fault Evictions
Any tenant displaced through a no-fault ground is entitled to relocation payments from the landlord. Each eligible tenant receives a base payment, half when the eviction notice is served and half at move-out, subject to a per-unit cap when multiple tenants share a unit.4San Francisco Municipal Code. San Francisco Administrative Code Section 37.9C – Tenant Rights to Relocation for No-Fault Evictions
Additional payments go to tenants age 60 or older, tenants with a disability, and households with at least one child under 18. The extra amount is paid in halves too: within 15 days of the landlord receiving written proof of eligibility, and again at move-out. Every relocation figure is adjusted annually for inflation, so the current schedule is on the Rent Board’s website. Missing these payments is one of the more expensive mistakes a tenant can make on the way out the door.
Owner Move-In Evictions
Owner move-in (OMI) is the most commonly attempted no-fault ground, and the one most often abused. A landlord using this ground must intend in good faith to occupy the unit as a principal residence for at least 36 continuous months. The same 36-month rule applies to evictions on behalf of a qualifying relative: parent, child, grandparent, grandchild, sibling, or spouse.3San Francisco Municipal Code. San Francisco Administrative Code Section 37.9 – Evictions
The eviction notice must include a declaration under penalty of perjury of the landlord’s intent. If the landlord or relative does not move in within three months of recovering possession and stay for the full 36 months, the former tenant may have grounds for a wrongful eviction claim. Tenants displaced through an OMI receive the full relocation payments, including the additional amounts for elderly, disabled, and family households. When something about an OMI notice looks off, the Rent Board and local tenants’ rights organizations can help evaluate it.
Ellis Act Withdrawals
The Ellis Act is a state law that lets landlords exit the rental business by withdrawing every unit in a building from the market. San Francisco adds significant local protections.5SF.gov. Evictions Pursuant to the Ellis Act Every authorized occupant receives relocation assistance regardless of age or tenure. Elderly or disabled tenants who have lived in the unit for at least one year can extend the withdrawal date from 120 days to a full year.
If any withdrawn unit returns to the rental market within 10 years, displaced tenants have a right of first refusal. During the first five years, the landlord can charge only the original rent-controlled price; from years six through ten, the landlord can charge market rent but the former tenant still gets first priority. Tenants preserve this right by filing a Notice of Interest in Renewed Accommodations with the landlord and the Rent Board. If the owner applies to demolish and redevelop within five years, displaced tenants may qualify for additional relocation assistance and a right to return to a comparable unit in the new building.
Buyout Agreements
Landlords sometimes offer cash for tenants to leave voluntarily instead of pursuing an eviction. Section 37.9E regulates these negotiations. Before any discussion starts, the landlord must serve the tenant a Pre-Buyout Negotiation Disclosure spelling out the tenant’s rights, including the right to refuse and the right to consult a tenants’ rights organization. The landlord must also file a declaration with the Rent Board confirming the tenant was notified before negotiations began.
Any completed buyout agreement must include detailed rights disclosures and require the tenant to initial sections acknowledging elderly, disabled, or catastrophically ill status where applicable. After signing, the tenant has 45 days to rescind, return any money received, and stay. If the agreement is missing required elements, the tenant can rescind at any time with no deadline.
Habitability and Repairs
California law reads an implied warranty of habitability into every residential lease. A unit is legally unfit if it substantially lacks any of the basics the statute requires:6California Legislative Information. California Code CIV 1941.1 – Untenantable Dwellings
- A weatherproof roof and exterior walls, with unbroken windows and doors.
- Plumbing and gas in good working order.
- Hot and cold running water connected to approved sewage disposal.
- Functional heating.
- Working electrical wiring, lighting, and equipment.
- Building and grounds kept free of debris, garbage, and pests.
- Starting January 1, 2026, a working stove and refrigerator, neither subject to a manufacturer recall.
When a landlord fails to fix a reported problem within a reasonable time, a tenant can request an inspection from the Department of Building Inspection, which can cite the landlord and order repairs. A tenant can also petition the Rent Board for a rent reduction if the landlord has substantially decreased a housing service, such as leaving a broken elevator or intercom unrepaired for weeks.
Protection From Retaliation
California law prohibits landlords from punishing tenants for reporting problems. For 180 days after a tenant complains to the landlord or a government agency, files a lawsuit, or after an inspection or citation about the unit’s condition, the landlord cannot raise the rent, cut services, or attempt to evict.7California Legislative Information. California Code CIV 1942.5 – Retaliatory Eviction When an eviction lawsuit follows suspiciously close on the heels of a complaint, the tenant can raise retaliation as a defense.
The same statute expressly bars landlords from threatening to report a tenant or anyone connected to the tenant to immigration authorities. That protection applies regardless of the tenant’s actual immigration status.
Landlord Entry Rules
A landlord may enter only for specific reasons: to make necessary repairs, to respond to an emergency, or to show the unit to prospective buyers or tenants. Outside of a genuine emergency or confirmed abandonment, the landlord must give written notice at least 24 hours in advance, including the date, approximate time, and reason.8California Legislative Information. California Code CIV 1954 – Landlord Right of Entry Entry is limited to normal business hours unless the tenant agrees otherwise at the time. A landlord who abuses the right of access or uses it to harass a tenant is violating the statute.
Security Deposits
California law changed in 2024. For most landlords, the maximum security deposit is now one month’s rent, whether the unit is furnished or unfurnished. A narrow exception applies to small landlords who are natural persons (or LLCs made up entirely of natural persons) owning no more than two rental properties totaling four or fewer units; those landlords can charge up to two months’ rent. Service members are always subject to the one-month cap.9California Legislative Information. California Code CIV 1950.5 – Security for Rental Agreement
San Francisco also requires landlords to pay annual interest on any security deposit held for at least one year. For the period from March 1, 2026, through February 28, 2027, the rate is 4.2%.10San Francisco Municipal Code. San Francisco Administrative Code Chapter 49 – Security Deposits for Residential Rental Property The interest can be paid directly each year or credited against rent.
At move-out, the landlord has 21 calendar days to return the deposit or provide an itemized statement of deductions. Allowable deductions are limited to unpaid rent, cleaning to restore move-in condition, and repair of damage beyond normal wear and tear. Minor wall scuffs and faded carpet do not qualify. If the deposit was paid or received electronically, the return must also be electronic unless both parties agree in writing to another method. Missing the 21-day deadline can cost the landlord the right to withhold any portion of the deposit at all.
Harassment Remedies
Section 37.10B applies to every residential tenant in San Francisco, not just those in rent-controlled units.11San Francisco Municipal Code. San Francisco Administrative Code Section 37.10B – Tenant Harassment Prohibited conduct includes shutting off utilities, refusing legally required repairs, threats and intimidation, and interference with the tenant’s quiet enjoyment of the home.
The remedies stack. A tenant can petition the Rent Board for a rent reduction as a substantial decrease in housing services. A conviction is a misdemeanor punishable by up to $1,000 in fines, up to six months in county jail, or both. A civil suit can recover triple the tenant’s actual damages (including emotional distress) or a statutory minimum of $1,000, whichever is greater, plus attorney’s fees and costs. Punitive damages are available in appropriate cases, and a court can order the landlord to stop. A tenant facing persistent harassment can pursue the Rent Board petition, a police report, and a civil lawsuit at the same time. The treble-damages provision is what gives the ordinance its teeth: a landlord who harasses a tenant out of a rent-controlled unit can face liability well beyond anything they gained.
Fair Housing
Federal, state, and local law all prohibit housing discrimination. The federal Fair Housing Act bars refusing to rent, imposing different terms, or harassing tenants based on race, color, religion, sex, national origin, familial status, or disability.12Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing Familial status protection means landlords cannot turn away families with children or impose special restrictions on them, outside qualifying senior housing.
California’s Fair Employment and Housing Act adds protected categories including sexual orientation, gender identity, marital status, source of income (such as housing vouchers), and immigration status. San Francisco’s local human rights ordinance mirrors and in places exceeds those state protections. A tenant who believes they have been discriminated against can file with the federal Department of Housing and Urban Development, the California Civil Rights Department, or the San Francisco Human Rights Commission. Federal enforcement policy on assistance animals shifted in mid-2026, but California state law continues to provide broad protections for tenants who need support animals regardless of a property’s pet policy.