When tenants rent an apartment, they normally give the landlord some money (usually one month’s rent) as a security deposit against unpaid rent or damage to the apartment. If you are caught up on rent and leave the unit in as good condition as when you moved in, the deposit must be returned in full within 3 weeks after you move out. You can’t use the security deposit as the last month’s rent unless your lease specifically allows this, so you should still pay the last month’s rent on time. Please provide your landlord with a forwarding address of where he/she can send you the deposit.
Before moving out: If you request it, your landlord must inspect the apartment during your last two weeks there and provide a list of all the damages that he/she plans to charge for. This gives you a chance to do any needed cleaning or repairs before moving out, and avoid deductions from the deposit. You have the right to be present for the inspection. You should request the inspection in writing. Landlords cannot withhold deposit money for any problems that weren’t listed in the inspection report (unless they were created after the inspection).
If you have moved out and the security deposit has not been returned within 21 days after your move out date, the landlord must send you either the full security deposit or an itemized list of any deductions that were taken from your deposit (within 21 days). If this time has gone by and you haven’t received your deposit, write to the owners asking for your deposit back. Tell them that they are legally required to return your deposit to you. Keep a copy of your letter. If you still haven’t heard back after a couple of weeks, or if the landlord has made deductions for something that isn’t your fault, you can sue your landlord in Small Claims Court. For help, call the Small Claims Court counseling line at 510.268.7665. Spanish-speaking counselors may be available.
If you have broken your lease by moving out without giving a proper notice: Landlords often keep security deposits if the tenants break their lease or move out without giving 30 days’ notice in writing. This is NOT necessarily legal. If you break your lease, but a new tenant moves in the day after you leave, the landlord can’t withhold any part of your deposit (you can sue in Small Claims Court if he/she does). If you break the lease and it takes the landlord 2 weeks to find a new tenant, he/she may be able to legally deduct 2 weeks’ worth of rent from your deposit. Always notify the landlord as early as possible, in writing, when you want to move out, to avoid this type of situation and losing your deposit money.
Most Oakland tenants are covered by the Just Cause for Eviction Ordinance (also known as Measure EE) which Oakland voters passed in 2002. This means that you CANNOT be evicted without a just cause reason! Here are the 11 Just Causes for eviction in Oakland:
1. You have not paid your rent.
2. You have continued to violate a provision of the lease after written notice to stop was sent to you.
3. You refuse to sign a new lease that is identical to your old one (when the old one expires.)
4. You have substantially damaged the unit and refuse to stop damaging it or pay for repairs after written notice.
5. You continued to disturb other tenants and neighbors (even ones that live outside the building) after written notice to stop.
6. You use the unit for an illegal purpose (like selling drugs).
7. You won’t let the landlord into the apartment, even with a 24 hours’ written notice.
8. The owner wants to move back into the unit and you and the landlord have a written agreement, or it states it in your lease, that allows for the landlord to move back in after a stated amount of time.
9.The landlord or landlord’s spouse, domestic partner, child, parent or grandparent wish to move in to the unit. The landlord or his or her relative cannot move in if the tenant has lived in the unit 5 years or longer and is:
A.) 60 yrs or older
B.) Disabled, or
C.) Catastrophically ill
unless the landlord or his or her relative is also 60 years or older, disabled, or catastrophically ill and the landlord has no other unit. The landlord may only move back in to a unit once a 36-month period under this just cause reason. The landlord must give appropriate notice to the tenant, including all property owned by the intended occupant, the real property address, if any, on which the intended occupant claims a homeowner’s tax exemption and a statement regarding the possibility of the tenant occupying a “replacement unit”. Once the unit has been repossessed by the landlord no other unit on the property can be used for the landlord or relative.
10. The landlord wants to remove the building from the rental market under the Ellis Act.
11. The landlord wants to make repairs on the unit that cannot be made with the tenant living there (they have to let you move back in at the same rent when they’re done. Restrictions apply for this just cause reason.)
Note: You CANNOT be evicted just because your lease is up or your landlord wants to sell the building!
If a landlord wants to evict you, he has to give you a WRITTEN notice that lists one of the 11 just cause reasons above. If the cause is your fault (like not paying rent or violating your contract in some way) the landlord only needs to give you a 3 days notice. The 3-day notice does not mean you need to move out in three days, although you can move out at your choice. The 3-day notice is the first step in the eviction process.
If you receive an illegal eviction notice (one that lists no cause at all, does not leave you enough time, is not in writing, or makes allegations that aren’t true), it is NOT valid and you do NOT have to move! You should call CJJC’s Tenants’ Rights Clinic immediately at 510-TENANTS (510-836-2687).
If you are not covered by Oakland’s Just Cause for Eviction Ordinance (Measure EE) then a 60 days eviction notice is required if you have lived in the unit for a year, and 30 days notice otherwise.
People who aren’t covered by the Just Cause Ordinance:
The main exceptions to the Just Cause Ordinance are owner-occupied buildings of 3 units or less and units built after 1983. In these buildings, landlords can take back apartments for any reason or no reason at all at the end of any lease period or any month (if there’s no long-term lease). Normally, the landlord must give 60 days’ notice (if the tenant has lived in the apartment for at least a year) or 30 days’ notice otherwise. However, if the tenant has done something seriously wrong (not paid the rent, used the apartment for an illegal purpose, damaged the apartment, or disturbed the other tenants), the landlord only needs to give a 3-day notice. Either way, the landlord has to notify the tenants in writing.
The eviction process: If the landlord has given you a notice, the time is up, and you have not fixed the problem or left, the landlord can file an eviction lawsuit (called an Unlawful Detainer or UD). If you receive a UD, you must find a lawyer IMMEDIATELY – you have only five days to file a response to the lawsuit, and the procedures involved are complicated. The legal eviction process can take anywhere from 3 weeks to a few months.
Eviction lawsuits will appear on your record, even if you win the case, so they can make it harder to rent other apartments in the future. So if you do not have a valid defense against the eviction, you should try to move out before the suit is filed.
It is NEVER legal for landlords to do “self-help” evictions – lock you out, turn off utilities, confiscate possessions, etc. If any of these things happen, you should call the police.
Many Oakland tenants are covered under Oakland’s Rent Control Ordinance. This says that landlords can only raise rents once a year, and only by a certain amount (set by the city every year). People who live in single-family homes, units built since 1983, and owner-occupied buildings with 3 or fewer units are NOT covered by rent control. If you live in one of these types of units, your landlord can raise your rent at any time.
In units covered by rent control, the landlord can raise the rent only once per year. This year (2009-2010), the maximum increase is 0.7%. If a landlord does not raise the rent for several years, he can “bank” (add up) the maximum increases for past years and raise the rent by that amount all at once. For more about allowable rent increases or to view allowable increases for years past, click here.
If you’re not sure if your rent increase is legal, call CJJC’s Housing Committee/Tenants’ Rights Clinic at 510.TENANTS (510.836.2687). If the increase is definitely illegal, you can file a petition at the Rent Board (250 Frank Ogawa Plaza, Suite 5313, 510.238.3721)
Any time you rent an apartment, your landlord has to provide you with a safe and decent place to live. City and state laws list some things that every apartment needs, but it’s mostly common sense – if something looks like it’s in serious need of repair, the landlord is probably required to fix it.
Landlords must provide hot and cold running water; working sinks, toilets and showers; unbroken windows that open and close; smoke detectors; a working heater (there has to be enough heat to keep the apartment at 70 degrees, 24 hours a day); and insect and rodent extermination (giving out traps or poison is not enough, especially if the whole building is infested). Pipes must be kept up, and leaks, mold and water damage should be repaired. If there is peeling paint or plaster, it should be replaced. Holes in walls or ceilings should be sealed, especially if bugs are coming in through them. Your landlord must fix appliances like stoves and refrigerators, as long as they came with the apartment.
If you need repairs done, the first step is to request them in writing and keep a copy of the letter. If that doesn’t work, try calling the city Code Compliance office (510.238.3381). They will send an inspector out within a couple of days and issue a Notice of Violation to the landlord in a couple of weeks. NOTE: the office is not very efficient or communicative! Make sure you get the inspector’s name and phone number and call back to get a copy of the Notice of Violation. If the problem has still not been solved in a few weeks, call the inspector and request a re-inspection. At this point your landlord will start being charged fines.
Withholding rent: tenants often try withholding rent until the landlord makes repairs. Normally, this is a very risky option, because you could be evicted for non-payment of rent. But if the Code Compliance office has issued a Notice of Violation for your unit, and the problem still exists after 35 days, state law says that you do not have to pay rent! (But make sure you talk to a CJJC tenants’ rights counselor or a lawyer before taking this route, and be sure to keep your rent money in the bank instead of spending it.)
Sometimes landlords try to change the terms of the tenancy at the end of a month or a lease period. For example, they may want you to pay your own utilities, get rid of a pet, take responsibility for more maintenance work in the unit, or sign a year-long lease when you’ve always rented month-to-month before.
As long as you’re covered under the Just Cause Ordinance (see above), the landlord is not allowed to do this. So if a landlord gives you a new lease or rental agreement that is different from the old one, you can refuse to sign it without risking eviction. If you don’t sign a new lease, the tenancy becomes month-to-month, and the rules stay the same as under the last lease.
Even if you don’t have a written lease or agreement, the landlord still can’t change the terms of tenancy. So if your landlord has always paid the water bill, he can’t suddenly ask you to pay it, even if he hasn’t agreed in writing to pay it.
If you are not covered under the Just Cause Ordinance and rent control, your landlord can make these kinds of changes without your agreement – but only at the end of a lease period or a month (if you don’t have a long-term lease).
For information on tenant rights in San Francisco, please click here. Link to //hrcsf.org/know-your-rights-as-a-tenant-in-sf/
RENT ORDINANCE (SF)
The San Francisco Rent Ordinance, commonly referred as “rent control” is the law that governs rents
and places limitations on evictions in most residential dwelling units in San Francisco. It was passed in 1979
as a result of many years of organizing by tenant rights advocates. The Rent Ordinance established a Rent
Board to oversee enforcement of the Rent Ordinance. The Rent Board provides a range of services including
hearings and mediation to help tenant’s defend their rights and hold landlords accountable.
Tenants living in foreclosed properties in either Oakland or San Francisco continue to have rights
and in most cases this means the right to stay in your unit. Beware of real estate or bank agents that
may tell you otherwise and please contact our office, even if you suspect the property is
going to be in foreclosure.
YOUR TENANT RIGHTS
1. When you pay rent, you have a right to a written receipt. Always request a receipt for every payment
and store it somewhere safe!
2. Always request a receipt for your security deposit. It is your right.
3. While a verbal contract is valid, a verbal eviction is never valid. Any eviction notice must be in writing.
4. Verbal rent increases are not valid. They must be in writing.
5. Never sign any document you do not under- stand. You may consult with one of our counselors or
seek legal counsel beforehand.
6. If you have requests for the landlord (repairs, etc.), send them to the landlord in writing. It is important
to have documentation of your requests.
7. Your landlord must provide 24 hour written notice before entering your unit and is limited to specific reasons.
8. Keep a written record of any times your landlord harasses you. Bring it to your next appointment.
9. Never call an inspector if you are not sure whether or not your apartment is an illegal unit, such as a
garage or in-law. Call our office and we can look it up.
10. Remember that you have legal rights and protections as a tenant. Causa Justa :: Just Cause can help
you exercise them.
INQUILINOS de SF
ORDENANZA DE RENTA/RENT CONTROL
La Ordenanza de Renta de San Francisco o “control de renta” es la ley que controla aumentos de renta y
limita los desalojos en la mayoría de viviendas en San Francisco. Se estableció en 1979 después de muchos
años de lucha comunitaria organizada en pro-derecho de inquilinos. La Junta de Control de Renta es el
departamento de la ciudad que hace cumplir la ordenanza. También provee servicios como: audiencias
y mediciones para ayudar a los inquilinos a defender sus derechos y responsabilizar a los propietarios de
Aumento de Renta
Mudanza y Depósitos
PROTECCIONES COMO INQUILINO/A
1. Tiene derecho a un recibo por cada pago de renta.Siempre pida su recibo con cada pago y guárdelo en
un lugar seguro.
2. Siempre pida recibo de su depósito. Es su derecho.
3. Un contrato verbal es valido pero un desalojo verbal NUNCA vale. Cualquier notificación de desalojo tiene
que ser por escrito.
4. Aumentos de renta verbales no son validos, tienen que ser por escrito.
5. Nunca firme un documente que no entienda. Puede
consultarlo con una de nuestras consejeras o puede
buscar asesoría legal antes de firmar.
6. Si tiene peticiones (de reparaciones, etc.), para el arrendatario mándelos por escrito. Es importante
tener documentadas sus peticiones.
7. Su arrendatario tiene limitadas las razones para entrar a su vivienda. El arrendatario tiene que dar por
escrito las razones para entrar y debe avisar por escrito al menos 24 horas antes de entrar a su
8. Mantenga documentación escrita sobre cualquier hostigamiento por parte del arrendatario. Tráigalo a su
9. Nunca llame al inspector si no esta seguro de que su vivienda esta registrada (legal) o si es vivienda ilegal,
como vivienda en garaje o subterráneo. Llame a nuestra oficina para averiguarlo.
10. Recuerde que tiene derechos y protecciones como inquilino/a. Causa Justa :: Just Cause le ayuda a