Legal Question in Landlord & Tenant Law in California
I am a landlord who owns an apartment in San Francisco. My property currently has 3 individuals occupying the property and all 3 individuals are named in the lease as tenants. Also, I get 3 separate checks each month - 1 check per tenant. The lease does NOT permit subletting or assignment of the lease contract to another party. Now, one of the tenants wants to move out. Based on these circumstances, once that tenant moves out, can I legally increase the rent above and beyond the allowable rate (as defined by the rent board)?
1 Answer from Attorneys
That's a hard question to answer. You aren't clear on when the apartment was built, so I am going to assume that you are asking about San Francisco's Residential Rent Stabilization and Arbitration Ordinance, and I am going to make the assumption that the apartment building is covered and not exempt from the ordinance. The ordinance does not apply to every building in San Francisco, and your use of the word "apartment" in the singular leaves me suspicious.
It is my understanding that San Francisco's rent control ordinance does not have vacancy control, which means a landlord can raise the rent to the market rate when a tenant moves out.
I am assuming that these three individuals all rent three different units. I don't think you can increase the rent if they are all roommates in one apartment, just because one roommate moved out.
You may want to consult with an attorney in person, because you seem a bit squeamish on the facts here in this forum.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
