Legal Question in Landlord & Tenant Law in California

So my boyfriend was oversees and I needed a place fast because my lease was ending, we were going to move in together when he returned. I filled out the applications, went on tours, applied to ads, etc. I got an apartment, signed the lease, and he moved in when he got home a month later.

We have had a very relaxed relationship with the landlord, we communicate soley through text and havent had any problems. We are great tenants: we dont smoke, party, don't have pets, rent is paid promptly on the first. I havent even griped at them when they have done things like not give proper notice before entering the unit, not provided hot water for days, failed to fixed things in a timely matter (weeks later), and even paid the ridiculous $3600 security deposit they asked with a smile. We both work and go to school so we're hardly ever there.

All of a sudden I got an email from her stating she is raising the rent because I changed the agreement by moving in another person.

Does it matter that he has been here so long? They HAVE to know, his car has been parked out front every day for the past 5 months, he comes and goes daily, this isnt a huge complex where you can "hide" someone, its the bottom level of their home, her husband has been in multiple times when my boyfriend has been here, he has seen his male items all over the house, we have paid rent with checks from my boyfriends account, and finally our lease doesnt state anything prohibiting it.

The lease is super short (1 page) all other rentals i've had have been several pages and had some sort of clause stating the occupants allowed or stating how many people can be in the unit. The lease doesnt have anything about default or consequences for adding another person. The only thing about rent increases is "landlord will give two month's notice in advance of any increase in rent, which will not occur more than once per year and will not exceed six percent per year."

So my questions are: can she raise the rent? If so, how soon can do she this - like dec 1st or would we still get 60 days notice? "If the rent increase is outrageous (already paying $1300 for a 1 bedroom with no oven or dishwasher) could we move and still our security deposit back?

We live in SF, California and this is an in-law unit. Moving sucks so im inclined to pay im just wondering if I have any wiggle room? Any info would be greatly appreciated!


Asked on 11/28/11, 10:45 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

I presume your boyfriend was serving in the military overseas; thank him for serving his country.

If the unit is an illegal rent control unit then the building, unless constructed after 1979, is under rent control and for this year is limited to a 0.5% [1/2 percent] rent increase every year counting from the first time you rent it or the last time there was a rent increase for you. You can contact the rent control board for more information.

If it is a lawful unit, then it is not covered fully by rent control [just no "no good cause evictions"] but a rent increase can only occur at the end of the lease period with 30-60 days notice of the increase. That the lease does not state how many people can live there, they did not object for some 5 months, did not ask you how many people would be living there, you are a young single college female student [most have roommates because they can not afford a place by themselves]--all suggest that they have waived the right to raise te rent merely because your boyfriend is living there.

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Answered on 11/28/11, 11:37 pm

I have NO idea what Mr. Shers is talking about, about an illegal rent control unit and a lawful unit having ANYTHING to do with rent increases. The San Francisco rent control ordinance applies to all residential units in buildings built before June 13, 1979, and does not apply to units built after that, as well as some other exempt units. The ordinance specifically states that whether a unit is legal or illegal for residential occupancy under the building and occupancy laws of the City, is totally irrelevant to whether it is rent controlled or not. Without reviewing your lease, there is too much information missing to give you any real answer about whether and when she can increase the rent, regardless of rent control. It sounds like she does not have the right to raise the rent due to the additional person, since the lease does not list or limit the people living there. However, she may be able to raise the rent for no reason at all, depending on the terms of the lease. Rent control would limit the amount, but not the timing or the grounds for an increase. I recommend you start with the City Rent Board at http://www.sfrb.org/ for more information and probably give them a visit. If they tell you it is not a rent controlled unit and they cannot otherwise help you, then I would contact the San Francisco Tenant's Union at www.sftu.org for further assistance.

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Answered on 11/29/11, 10:38 am


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