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How Much Can a Landlord Raise My Rent in San Francisco in 2022?

How Much Can a Landlord Raise My Rent in San Francisco in 2022?

How Much Can a Landlord Raise My Rent in San Francisco in 2022?

14Aug

How Much Can a Landlord Raise My Rent in San Francisco in 2022?

For tenants living in rent controlled units there are strict rules regarding timing, notice periods, and caps on rent increases. Curious to know if that increase notice you got from your landlord is legitimate? Here we run down the basic rules surrounding rent increases in San Francisco.

How Much Can My Landlord Raise My Rent In 2022 In San Francisco?

First and foremost, let’s discuss what you need to know about how much your landlord can legally raise your rent in San Francisco in 2022. For rent-controlled apartments, San Francisco landlords are limited to increasing rents according to the annual allowable increase as set out by the San Francisco Rent Board. For the period beginning from March 1, 2022, until February 28, 2023, the rate limitation is 2.3%. The amount varies each year depending on inflation and is released annually by the Rent Board.

How do Rent Increases Work?

There is no limit on the amount of rent a landlord can charge a tenant when they first move into a vacant unit. In San Francisco we have what is known as “vacancy decontrol,” meaning that landlords are not restricted on what they can charge at the start – it’s whatever the market dictates – but are restricted on increases thereafter for the remainder of that tenancy.

Landlords can only increase the rental amount on the ‘base rent’ of their property. Yet, you should note that storage and parking costs if considered a part of the base rent amount and can also be legally increased. So, for example, if you move into an apartment at a rent of $3,000 per month, that is now the base rent for however long you continue in that tenancy. Thereafter if you rent a unit subject to rent control laws, your landlord can increase your rent, but only according to the annual increase limitations. The first annual increase can be imposed 12 months after the date the tenancy began. Note that there are some special circumstances where a landlord can attempt to raise the rent beyond this.

Rent increases are not automatically instated. A San Francisco landlord is required to give a tenant a minimum of thirty days written notice if their rent is increasing less than 10%. For any rent increase beyond 10%, whether it’s a banked increase for a rent controlled unit, or otherwise, requires a ninety-day written notice.

What are My Legal Options if I think I’m Facing an Illegal Rent Increase?

If you have received a rent increase beyond the allowable amount, you should contact a qualified tenant’s rights attorney and discuss your options. You may have grounds to file an unlawful rent increase petition at the San Francisco Rent Board and get the increase reversed. In extreme circumstances, tenants who moved out after receiving an illegal rent increase may have grounds to bring a lawsuit and recover substantial damages. To protect your interests, you should discuss a strategy with a lawyer first before going in front of the Rent Board.

Get in Touch With a Qualified San Francisco Tenant Law Attorney to Discuss Your Legal Options

If you have any concerns regarding your rent increase and you believe your landlord is doing so, contact a San Francisco tenant attorney. An attorney from Wolford Wayne LLP will analyze your case particulars to determine your legal options. We can bring an action before the Rent Board when needed and assess any other options you might have.

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For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.

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