Experienced Legal Assistance for Landlord-Tenant Issues
Jessica represents clients in Rent Board actions, mediations, and court for landlord-tenant issues, including:
- Master Tenant/Subtenant/Co-Tenant Disputes
- Adjustments of Rents
- Breaches of Rental Agreements
- Violations of the San Francisco Rent Control Laws
- San Francisco Rent Board Petitions
Frequently Asked Questions
The San Francisco Board of Supervisors passed the San Francisco Residential Rent Stabilization & Arbitration Ordinance (or simply Rent Ordinance) in 1979 to enact controls on rent increases and evictions for residential rental property within the City and County. It is codified at San Francisco Administrative Code Chapter 37 and has been amended many times since 1980. The Rent Ordinance established the San Francisco Residential Rent Stabilization and Arbitration Board (or Rent Board), which administers the Rent Ordinance pursuant to its Rules and Regulations. Recently the Rent Board established a Housing Inventory for all residences.
The two parts are rent control and eviction control.
Almost all residential properties are covered by its eviction controls, limited to the listed “just causes” for eviction. Many, but not all, residential properties are covered by its rent controls, limiting when rent can be raised and how much. Commercial properties are not covered at all.
The Rent Board requires all residential units (apartments, flats, single family homes, condos, etc. where people live) to be registered with the Housing Inventory whether or not the owner rents it out. An owner (landlord) who rents to others (tenant) cannot raise the rent without a Certificate for the unit. Website: https://portal.sfrb.org/FrontPortal/Page/RenderPage?tabId=20
It may be covered by California state rent and eviction control under the Tenant Protection Act of 2019 aka AB 1482. Website: https://www.sf.gov/reports--california-tenant-protection-act-2019-ab-1482.
Rent Board Rule 6.15C covers master tenants and subtenants. Among other things, the Regulation limits how much rent a master tenant can charge a subtenant. Generally, the “just cause” eviction rules apply to master tenants in San Francisco unless the master tenant followed the procedures to exempt or waive the subtenant’s space from the “just cause” requirements.
Under California state law, rent is the amount a tenant pays to a landlord on a regular (weekly, monthly, annually, etc.) basis for exclusive use of a residential unit. Under the San Francisco Rent Ordinance, nothing else (late fees, security deposit, pet deposit, application fee, key replacement fee, etc.) is “rent.”
Under California state law, generally a landlord may request only up to one month’s rent to cover damages or lost rent when a tenant vacates/leaves the unit. By state law, any separate deposit (pet deposit, last month rent, etc.) is merged into the security deposit and cannot exceed one month’s rent.
Jessica L. Chylik, Attorney at Law
2358 Market Street, San Francisco, CA 94114
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