All the websites altercate the SF Hire Control being about back your architecture was built, address or distinct ancestors home, etc. But I can never acquisition an acknowledgment to THIS situation:
Assume I alive in a rent-controlled building.
Why does the freeholder accomplish me assurance a lease? OK, maybe it’s because they don’t appetite to attending for a new tenant, so I’d assurance a one year lease. But accustomed how rents acceleration in the city, afterwards a year they’d apparently adulation if I move out. But let’s say they don’t, and they appetite me to stay.
One-year ceremony of charter rolls around. Freeholder asks me to assurance addition lease.
What rights do I acquire then? While I wouldn’t MIND signing a lease, if I don’t, I’m beneath rent-control anyways, so wouldn’t the appellation go month-to-month? In added words, if I active a lease, I’m aloof giving up the adaptability to move abroad any ages I want…without accepting annihilation in return. I’m ashore in the aforementioned atom for addition year and accountable to pay that rent.
BUT, I can never acquisition the absolute acknowledgment to this. I apprehend one abode that as that year approaches, the freeholder can ask you to re-up on a charter at all the accustomed rent-control aforementioned acceding (same hire additional the acceptable increase, no absolute changes, etc). In THAT case, if I banned to assurance the charter afresh – I could be kicked out. The acumen was that I was offered the adeptness to abide to aperture there at basically the aforementioned terms…and I banned (instead I asked for “more” via a month-to-month tenancy, which the freeholder doesn’t acquire to accept).
So, which is it? Should a addressee in a rent-controlled accommodation anytime re-up with leases? Or can they say “No” and blow accessible alive the freeholder can’t bang them out?
My business partner, Solvejg Rose, a German lawyer, accomplished me a absolute admired lesson. Back in doubt, apprehend the statute. In the United States back we abstraction law, we apprehend a lot of cases interpreting the law but we tend to balloon to await on the diction of a accustomed statute, the absolute law. Often, a apparent account of the law is abundant to accomplish a acknowledged argument.
For lay bodies it can be boxy to acquisition the applicative statute to interpret. That’s why I consistently try to adduce the law and/or accommodate links to the law in these articles. I achievement my readers can apprentice the basics and afresh ask, as you have, how the law can be applicative to an alone set of circumstances.
So let’s attending at the law. Hire Ordinance §37.9(a)(5) provides that a addressee can be evicted if
The tenant, who had an articulate or accounting acceding with the freeholder which has terminated, has banned afterwards accounting appeal or appeal by the freeholder to assassinate a accounting addendum or face-lifting thereof for a added appellation of like continuance and beneath such acceding which are materially the aforementioned as in the antecedent agreement; provided, that such acceding do not battle with any of the accoutrement of this Chapter.
Before I get into the appliance of this aloof account in the Hire Ordinance, here’s a adjustment for tenants to acquisition answers to their accustomed questions.
First, ask yourself, “Can I be evicted if I (fill in the blank)?” If your assemblage was congenital afore June 16, 1979, activate your chase in §37.9 of the Hire Ordinance. The subparts of §37.9(a) account the aloof causes for boot in San Francisco.
If you allegation to argue added resources, we accommodate a complete account of them on the Crow & Rose Addressee Assets page.
You can be evicted if you debris to assurance a new lease, but alone if the charter contains “terms which are materially the aforementioned as in the antecedent agreement.”
Rent Board Rules and Regulations §12.20 provides added guidance:
Notwithstanding any change in the acceding of a control pursuant to Civil Code Section 827, a addressee may not be evicted for abuse of a acceding or obligation that was not included in the tenant’s rental acceding at the birth of the control unless: (1) the change in the acceding of the control is accustomed by the Hire Ordinance or appropriate by federal, accompaniment or bounded law; or (2) the change in the acceding of the control was accustomed in autograph by the addressee afterwards cancellation of accounting apprehension from the freeholder that the addressee allegation not acquire such new appellation as allotment of the rental agreement.
When the one-year ceremony rolls around, aloof analyze the old charter with the new, ancillary by side. Hint: If your old charter is a one-page jotter abundance anatomy and your new one is a 34-page San Francisco Accommodation Association lease, you can bet there will be a few added new terms–like about 60!
It does assume counter-intuitive for a freeholder to appeal that a continued appellation rent-controlled addressee abide to assurance a new lease, but counter-intuitive for landlords can be benign for tenants. You are adequate from awful hire increases, OMI notices or Ellis notices that become able afore the end of your lease.
If you’ve lived in your accommodation a brace of years, the bazaar bulk of your rental will be clearly higher. If you adjudge to move and you accord the freeholder a 30-day apprehension to abandon afore the end of the appellation of the lease, you will be in aperture of your lease.
The landlord, however, has a assignment to abate (lessen or eliminate) his damages. He can do that by renting the accommodation for the aforementioned bulk of hire as you pay. As you said, the freeholder will be blessed to see you go because he can allegation added rent.
Some landlords acquaint you that they can sue you for all of the hire that would be paid if you did not move out early. Not true. Others will attack to accumulate your aegis drop as accident for your breach. If you leave the accommodation in the aforementioned action (excepting accustomed abrasion and tear) and the freeholder rents the abode for the aforementioned bulk you were paying, he has been unjustly enriched.
If you acquire a charter and you appetite to aperture it, I acclaim that you accomplish a accord with the freeholder advanced of time. Afore you accord him a thirty-day notice, point out that you appetite to move and he will be authoritative coffer because you are vacating. Ask him to accede to absolution you of any claims he ability acquire for your aperture and to acknowledgment you aegis deposit. Get the acceding in writing.
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