Tenants Rights
We represent residential tenants in actions against landlords, including for wrongful eviction, illegal rent increases, repair problems, harassment, discrimination, fraud, injuries caused by defective or hazardous conditions, and other landlord-tenant disputes. We never represent landlords, and generally do not get involved in disputes between co-tenants. See tenant links and resources there.
What is habitable housing?
Tenants have the right to safe and habitable housing. This means your rental unit should have adequate and safe heat, be weatherproof, free of garbage, rodents, and bugs, and should have working plumbing and gas facilities, adequate electric plugs and phone jacks, and your common areas must be maintained. Use the habitability intake form to outline your problems. We are happy to review this if you would like us to.
California Civil Code Sections 1941-42, the San Francisco Housing Code, and the San Francisco Health Code describe your landlord’s obligations to make and keep your home in habitable condition. Keep a detailed record of problems relating to your apartment and notify your landlord of the problems in writing and keep a copy of all of your communications with your landlord. If that does not work consider contacting the City Inspectors to come out to your home. BE CAREFUL, you probably do not want to contact the city inspectors if you think you may have an illegal unit as you may end up with a notice requiring the removal of your unit from residential use. If you do contact the inspector, make sure you present them with a comprehensive list of your problems, because they are likely to only look at the specific things you ask them to. You have to keep in touch with your inspectors who may not keep the pressure on your landlord if they think you have lost interest. Try to avoid your landlord just doing a band aid repair and then having the violation abated. If the problem persists, it incumbent on you to follow up on it. You may want to consider consulting a private housing inspector. Make sure you get a copy of the building inspectors records. CC 1942.4 limits a landlords rights to collect rent or evict for non-payment where a city or state agency issued notices to your landlord for not code violations for serious defects which are not corrected within 35 days. For serious problems you should consider exercising your rights to repair and deduct, but you should be aware of the limitations of this approach. Other options include filing a petition for decrease in services with the rent board. Longstanding serious habitability defects may warrant filing a claim against your landlord with the court. There is strength in numbers, if others in your building have similar problems, it is important to organize if at all possible.
San Francisco Rent Control
Generally, if your building was constructed before June 1979 you are covered
by rent control. Exemptions include subsidized housing, such as HUD housing
projects, a dormitory, monastery, nunnery, and residential hotel and have less
than 28 days of continuous tenancy. With some exceptions, tenants who live in
single family homes, with one residental unit on the lot, and who have moved
in on or after January 1, 1996, do not have their rent controlled, but do have
the eviction limits of the San Francisco rent law. Rent control limits rent
increases to a certain amount each year. The San Francisco rent law does permit
landlords to increase rents for certain reasons, under specified guidelines.
One of the other significant protection the rent ordinance give us is the right
to not be evicted except for just cause. A landlord has to have one of 14 reasons
to evict a tenant, including for non-payment of rent, violating the lease term,
etc. If you thought your eviction was legal when you moved, and are now having
second thoughts, you should promptly seek legal advice. You may have a valid
claim for wrongful eviction. You can complete the linked wrongful
eviction intake form and return it to our office for a free consultation
about your potential wrongful eviction case.
|
Our Services
Links
Forms
|
