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San Francisco has a unique set of laws surrounding the relationship between landlords and tenants. The city is a pioneer of tenants' rights and has put in place strict regulations pertaining to rent control, eviction procedures, and habitability standards. Landlords must strictly comply with these laws— any deviation from them can have severe legal repercussions. Navigating these laws can be complex, and both parties often require legal assistance to ensure their rights are protected.
You may need a lawyer when facing eviction, if your rental unit is unfit for living, if you feel your security deposit is unfairly withheld or if you need to understand the nuances of your lease agreement. A lawyer can also support landlords in enforcing evictions legally, ensuring complaint with all local laws, and establishing fair lease agreements.
San Francisco's local laws provide several protections for tenants. The city has a strong rent control measure that limits the amount landlords can hike rent prices each year for units built before June 13, 1979. The law also mandates specific lawful reasons for evicting a tenant, including failure to pay rent, breaching rental terms, or causing substantial damage to the property. Additionally, it requires landlords to maintain safe, habitable living conditions, offering tenants options for repairing and deducting expenses if the landlord fails to maintain these standards.
Yes, when a landlord fails to make necessary repairs, tenants can make the repairs themselves and deduct the cost from the rent, up to certain limits. However, the issue must materially affect the tenant's health and safety and the tenant must notify the landlord first before taking this action.
No, landlords are required to provide a 24-hour written notice before entering a rented property, unless in cases of emergency.
Landlords must have a 'just cause' to evict a tenant such as non-payment of rent, breaking lease terms, causing substantial damage to property, or using the unit for illegal purposes.
Yes, landlords are required to pay a small amount of interest on security deposits held for more than one year.
Yes, for older units covered under San Francisco's Rent Ordinance landlords can increase rent only by a set percentage each year, usually in alignment with inflation.
The San Francisco Tenants Union offers help with local tenant issues and the San Francisco Rent Board provides information about rent control in the city. The San Francisco Bar Association provides legal assistance and advice. For landlords, the San Francisco Apartment Association provides resources and guidance on landlord rights and responsibilities.
If you need legal assistance, consider contacting a lawyer specializing in Landlord & Tenant Law in San Francisco. Document any breaches, keep a record of all your communications, and collect evidence where possible. Writing down your concerns and questions before consulting with a lawyer can help ensure you don't overlook anything important.
