San Francisco Tenant Attorneys

Landlords can now only increase rent on units by a certain amount each year.

Increases are capped at 5% per year + regional inflation (based on the regional Consumer Price Index or CPI), up to a max of 10%.

Previously there was no restriction on rent increases on a state level. That meant that a landlord could raise the rent however much they wanted. Tenants around the state can now rest easy knowing that their rent won’t double in a given year.

Landlords also cannot increase rent more than two times per year IF a tenant has lived in a unit for at least twelve months. For example, if your rent is increased twice, the percentage of the second increase will be calculated based on the original rent being charged at the beginning of the year.

One thing to note though is that once the last original tenant moves out, a landlord can charge a new tenant whatever rent they want.

What Buildings Does the Law Apply to?

The law provides protection to tenants living in apartments or multi-family buildings built more than 15 years ago. That means that newly built properties are exempted. Additionally, the law carves out an exemption, like in San Francisco, for single-family homes and condominiums – unless the building is owned by a real estate investment trust or corporation. Duplexes are also exempt if the owner lives in one of the units.

How Do the New Eviction Protections Work?

Much like the laws in San Francisco and other Bay Area cities, the new state law requires a landlord to have a “just cause” to evict a tenant from an affected property. Prior to the new law, landlords in cities without a rent ordinance in place could evict tenants without any reason at all provided it was not in retaliation.

Under the new law “just cause” evictions can be broken into two categories: “at fault” and “no-fault” evictions. “At fault” evictions include nonpayment of rent, criminal acts, and violating a “material” term of a lease. “No-fault” evictions include owner move-in evictions and the Ellis Act, among others.

One important thing to note is that tenants covered by the new law are only entitled to eviction protections if they have lived in the unit for a certain period of time. Eviction protection only applies once all tenants in a unit have resided in a unit for at least twelve months, or at least one tenant has lived there for twenty-four consecutive months. This means if a new person moves in, it could reset the tenants’ right to protection. For context, tenants in San Francisco are entitled to eviction protection if they live in a qualifying building for more than thirty days.

What Are My Rights if My Landlord Violates the Law?

Tenants who are wrongfully evicted or receive unlawful rent increases may have grounds to file a lawsuit against their landlord. Likewise, tenants facing eviction proceedings now have the ability to fight back. For example, a tenant who can prove they were given an illegal rent increase may be able to avoid eviction for nonpayment.

If you believe your landlord has violated the law, or if you are unsure if the new laws apply to you, contact a tenants’ rights attorney or legal aid organization for more information about your rights.