CA · City guide
Renting in San Francisco: the Rent Ordinance, roommates, and master-tenant leases
San Francisco has the strongest local tenant law of any city we cover, housing old enough that most of it qualifies, and a lot of informal roommate subleases. All three show up in your lease.
Updated September 23, 2026 · 7min read · How we check the law
The short answer
If your SF building was built before June 1979 (most of the city), the local Rent Ordinance likely caps annual increases at a small city-set percentage and requires just cause for eviction, protections stronger than the statewide AB 1482 layer that covers most newer buildings. Statewide floors apply everywhere: one-month deposit cap, 21-day itemized return, 24-hour written entry notice, and late fees that must reflect actual damages or they’re void. In roommate/sublease arrangements, know whether you’re a co-tenant, a subtenant of a master tenant, or an unapproved occupant. Your rights differ at each level.
The Rent Ordinance: who’s covered and what it does
San Francisco’s local law predates the state’s by four decades, and it’s stronger where it applies: annual increases capped at a small city-published percentage (historically far below the state’s 5%-plus-CPI), just-cause eviction protection from day one rather than month twelve, relocation payments for no-fault evictions, and a Rent Board where tenants can challenge increases and file petitions without a lawyer. Coverage turns on the building’s age (generally certificates of occupancy before June 13, 1979), which in a city of Victorians and Edwardians means most of the older housing stock.
When apartment hunting, ask directly: “What year is the building, and is it under the Rent Ordinance?” Then verify with the Rent Board. Covered units offer security that listings rarely mention.
The state layer underneath
Between the two, very few SF apartments have truly uncapped rent: mostly new construction under 15 years old and individual-owner single-family homes with the proper notice. Any lease claiming a blanket exemption deserves the same skepticism it would get in LA. Real exemptions come with paperwork.
Roommates, master tenants, and subleases
SF’s three-level roommate setup, in one lease clause:
“Master Tenant subleases the northwest bedroom to Subtenant at $1,850/month. Subtenant acknowledges no tenancy relationship with Owner and waives all rights under the San Francisco Rent Ordinance.”
The room and the rent are real; the waiver is not. Rent Ordinance rights can’t be signed away in an informal sublease, and in covered buildings a master tenant charging a subtenant more than a proportional share of the total rent is something the Rent Board will actually adjudicate. If you’re the subtenant, get the master lease’s basics (total rent, who else is on it) before you commit. If you’re the master tenant, overcharging your roommates can lead to a Rent Board petition.
Deposits, late fees, and SF’s interest rule
- Deposit cap: one month’s rent statewide (small-landlord exception aside), itemized return within 21 days. See our California deposit guide.
- SF deposit interest: the city requires landlords to pay tenants annual interest on held deposits, at a rate the Rent Board publishes each year. Many renters don’t know to ask for it.
- Late fees: California treats a dwelling-lease late fee as a liquidated damages clause that’s void unless it reflects hard-to-estimate actual damages (§ 1671). A flat $100 fee rarely survives that test.
- Entry: 24-hour written notice presumed reasonable, business hours, statutory purposes (§ 1954), including showings during your last month.
Old buildings and habitability
A 1910 building in the fog belt comes with single-pane bay windows, radiator or wall heat, and constant moisture. California’s habitability warranty (§ 1941.1) covers the fundamentals (weatherproofing, plumbing, heat, and freedom from conditions that make a unit untenantable), and it can’t be waived by an “as-is, tenant accepts all conditions” rider. Persistent mold from a leak the landlord won’t fix is a habitability issue. Document it in writing, because the written notice is what starts every statutory remedy clock in California.
Questions renters ask
How do I know if my apartment is under the SF Rent Ordinance?
The core test is construction date: buildings with a certificate of occupancy before June 13, 1979 are generally covered for rent control (with exceptions like some single-family homes and condos, where state Costa-Hawkins rules limit local control). Newer buildings usually aren’t rent-controlled locally but typically fall under statewide AB 1482. The SF Rent Board publishes the current allowable annual increase and offers counseling; it’s the authoritative source for your address.
What’s a “banked” rent increase?
Under the Rent Ordinance, a landlord who skips annual increases can save (“bank”) them and impose several years’ worth at once later. It’s lawful, and it can be a painful surprise for long-term tenants. If you get a compound increase notice, verify the math against the Rent Board’s published annual percentages before paying or panicking.
I rent a room from the leaseholder, not the landlord. What am I?
A subtenant of a master tenant. You have real rights, including, in covered buildings, limits on what the master tenant can charge you (proportional rent, enforceable at the Rent Board). But your tenancy generally depends on the master tenancy above it. Get your arrangement in writing: rent, share of deposit, notice terms. Handshake subleases are a common way SF renters lose deposits.
Are “buyout” offers legal?
Yes, but regulated: SF requires landlords to give a written disclosure of your rights before buyout negotiations, gives you the right to a lawyer and to rescind a signed agreement within 45 days, and requires filed agreements. The first number offered for a rent-controlled unit is rarely the last. Don’t sign anything on the spot. The rescission window exists because pressure works.
Sources & statutes
- San Francisco Rent Board: coverage, allowable increases, counseling
- S.F. Admin. Code §§ 37.3, 37.9: rent-increase cap & just-cause eviction (Rent Board)
- Cal. Civ. Code § 1947.12: statewide AB 1482 rent cap (official text)
- Cal. Civ. Code § 1954: entry rules (official text)
- Cal. Civ. Code § 1671: late fees as void penalties (official text)
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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.