San Francisco Residential Lease Agreement
Generate a residential lease agreement that complies with San Francisco's local ordinances — including rent control rules, just-cause eviction requirements, and mandatory disclosures that go beyond California state law.
San Francisco Residential Lease Agreement
San Francisco, California
Local Ordinances
San Francisco Lease Requirements
What San Francisco's local ordinances require that California state law does not.
Landlords of units subject to the SF Rent Ordinance (buildings with three or more units with a certificate of occupancy issued before June 13, 1979) must register their rental property with the SF Rent Board and pay the annual registration fee; 50% of that fee may be passed through to the tenant as a monthly surcharge.
Landlords must provide tenants with a written Chapter 37A Rent Ordinance disclosure at the commencement of the tenancy, informing them of their right to petition the Rent Board for unlawful rent increases and improper deductions from security deposits.
Before pursuing an owner move-in (OMI) eviction, the landlord must serve a 60-day written notice and simultaneously offer the tenant the right to return to the unit if it becomes available again within a 10-year period, per Rent Ordinance §37.9(a)(8).
Landlords must pay relocation assistance for OMI evictions and certain no-fault evictions; as of 2024, the relocation amount equals the greater of three months' rent or a formula-based amount set by the Rent Board (approximately $7,989 per tenant, $9,988 for elderly/disabled tenants).
Capital improvement petitions must be filed with the Rent Board before any pass-through surcharge may be billed to tenants; landlords cannot unilaterally add surcharges to rent without a Rent Board decision approving the pass-through.
Restrictions & Limits
Annual rent increases for covered units are limited to 60% of the regional CPI (San Francisco-Oakland-Hayward area), with a floor of 1% and a ceiling of 7%; for the 2024–2025 period, the Rent Board set the allowable increase at 1.7%.
Evictions of tenants in Rent Ordinance-covered units require one of 15 enumerated just cause grounds under Rent Ordinance §37.9(a); no-fault evictions include OMI, demolition, substantial rehabilitation, and Ellis Act withdrawal, each requiring specific procedures and relocation.
Under Costa-Hawkins, vacancy decontrol applies when a covered unit is voluntarily vacated — the landlord may set the rent for the next tenancy at any amount, but once a new tenant moves in, annual increases revert to the Rent Ordinance cap.
Landlords may not impose lease terms that waive any right under the Rent Ordinance; any lease clause purporting to waive a tenant's right to petition the Rent Board or to receive just cause protections is void and unenforceable under Rent Ordinance §37.9(f).
Ellis Act withdrawals require the landlord to remove all units in the building from the rental market simultaneously; the units may not be re-rented for five years (two years for subsidized units), and former tenants have a right of first refusal at the prior rent if the building is returned to the rental market within 10 years.
Notice Requirements
San Francisco Rent Ordinance landlords must provide 30 days' notice of a rent increase (60 days if the increase is 10% or more), must serve 60 days' written notice for any no-fault eviction including owner move-in, and must simultaneously tender relocation assistance at the time the OMI or Ellis Act notice is served.
FAQ
San Francisco Lease FAQ
Common questions about renting in San Francisco.
How do I know if my unit is covered by the SF Rent Ordinance?
The Rent Ordinance generally covers units in buildings with three or more residential units where the certificate of occupancy was issued before June 13, 1979; single-family homes and condominiums are generally exempt under Costa-Hawkins unless the tenant moved in before January 1, 1996 or the unit was not separately alienable. You can verify coverage at the SF Rent Board's website (sfrentboard.org) by entering your address. Subsidized units, dormitories, and certain government-owned properties are also exempt.
Can my landlord evict me so a family member can move in?
Yes, but only under strict conditions set out in Rent Ordinance §37.9(a)(8): the owner or a close family member (parent, child, grandparent, grandchild, sibling, or the spouse/domestic partner of any of those) must intend to occupy the unit as their principal place of residence for at least 36 consecutive months. The tenant must receive 60 days' written notice, relocation assistance must be paid simultaneously, and the landlord must offer the tenant the right to re-occupy at the same rent if the unit becomes available within 10 years.
What is the Rent Board annual fee pass-through?
Under Rent Ordinance §37.3(a)(1), the landlord may pass 50% of the annual Rent Board registration fee through to the tenant as a monthly surcharge; for 2024, the fee was $268, making the tenant's share approximately $134 per year or about $11.17 per month. This pass-through is automatic and does not require a Rent Board petition; it is listed on rent receipts or invoices separately from base rent. The remaining 50% is the landlord's responsibility.
What happens if my landlord raises my rent above the allowable increase?
You can file a Petition for Unlawful Rent Increase with the SF Rent Board; there is no filing fee. If the Rent Board finds the increase was unlawful, it will order the rent reduced to the legal amount and may require the landlord to refund the excess amounts collected. Chronic overcharging or harassment in connection with unlawful rent increases can also form the basis for a wrongful eviction claim under Rent Ordinance §37.9(a)(15), which provides for treble actual damages, punitive damages, and attorney fees.
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