Q : Can a tenant terminate the legal obligation of the lease?

A : Yes. There are three ways for the tenant to get out of the rental contract: termination for legal misconduct by the landlord, replacement in the premises by a new tenant, or agreement between the landlord and tenant.

A landlord’s failure to keep up the premises may amount to legal misconduct. Local laws may provide for termination of the lease if the landlord breaks other provisions of the law, such as by abusing access to the premises or failing to disclose code violations cited by the municipality.

If another tenant replaces the existing tenant, the first tenant can evade the rental obligation. The landlord cannot legally collect from the original tenant if the replacement tenant pays the full rent.

Obviously, the landlord and tenant may mutually decide to end the tenancy. This simple approach is often overlooked.

Q : If the tenant moves out before the expiration of the lease, is the lease terminated?

A : No. The lease does not terminate just because the tenant moves out. The lease is a contract in which the tenant guarantees to pay the landlord for the right to possess the premises. Whether the tenant chooses to live there or not is up to his/her discretion.

Q : Is the lease canceled because the landlord sells the building or the tenant dies?

A : Most preprinted standard lease forms contain a paragraph on heirs and successors. Information provided from this paragraph is determinative as to whether lease expires upon the sale of the building or the death of the tenant. Usually, if the tenant dies during the term of the lease, the tenant's estate will continue to owe the rent until legally released; it will also have the right to occupy the premises.

Q : Can the tenant stay in the rental unit after the expiration of the lease?

A : A tenant who stays after the expiration of the lease is called a tenant at sufferance. Absent laws to the contrary, the landlord can sue for eviction or can choose to continue accepting rent, thus renewing the lease. The renewal will be on a month-to-month basis or for another year, depending on the conditions of the lease and the provisions of the law.

Since the landlord has the option of eviction or renewal, the tenant looking to stay past the expiration of the lease should try to negotiate an agreement with the landlord and should get it in writing.

Landlords in rent control jurisdictions must abide by rent limitations.  See below for more information regarding rent control.

Q : Do I live in a rent-controlled area?

A: It depends where your rental unit is located.  Landlords in rent control jurisdictions must abide by certain rent limitations.  Please select one of the following localities to view the basic requirements of the local Rent Ordinances for the Bay Area.

In San Francisco, rent increases are governed by The Residential Rent Stabilization and Arbitration Ordinance (“The S.F. Rent Ordinance”). 

The general provisions related to allowable rent increases for rental units in San Francisco are listed below.  Please note that this information is generalized and is not exhaustive.  Exceptions and exceptions do exist that are not listed below. For specific details as to how The S.F. Rent Ordinance affects your rights, contact an experienced landlord/tenant attorney at Bradshaw & Associates, P.C.:

Landlords may generally impose rent increases upon tenants of rental units as provided below:

1.        Annual Rent Increase: A Landlord may impose an Annual Rent Increase under certain conditions.  On March 1 of each year, the San Francisco Rent Board publishes the annual allowable increase for the preceding 12 months.  This adjustment is calculated based on the Consumer Price Index for the Bay Area.  In no event, however, shall the allowable increase be greater than 7%.  Note: Tenants may file a timely petition with the Rent Board if they believe their rental increase is more than the allowable amount.

2.       Accumulation of Annual Rent Increase: A landlord may refrain from imposing an annual rent increase or any portion of an annual rent increase and may accumulate and impose that amount on a subsequent rent increase anniversary date. 

3.       Capital Improvement Pass-through: A landlord may impose rent increases based upon the cost of capital improvements, rehabilitation, energy conservation improvements, or renewable energy improvements, provided that such costs are certified by the San Francisco Rent Board.  No increase for capital improvements shall exceed 10% of the tenant's base rent, in any 12 month period.  A landlord may accumulate any certified increase which exceeds this amount and impose the increase in subsequent years, subject to the 10% limitation.

4.       Utilities:  A landlord may increase rent based upon the cost of utilities as provided in the S.F. Rent Ordinance.

5.       Water:  A landlord may impose rent increases for excess water use charges (penalties) levied by the San Francisco Water Department on a building under certain conditions.  A landlord may also pass-through to tenants 50% of Water Bill Charges Attributable to Water Rate Increases Resulting from Issuance of Water System Improvement Revenue Bonds under certain conditions.

6.       Property Tax:  A landlord may impose rent increases based upon a 50% or 100% pass-through of the change in the landlord’s property tax resulting from the repayment of general obligation bonds of the City and County of San Francisco under certain conditions.

7.       RAP Loans:  A landlord may impose rent increases attributable to the amortization of the RAP loan in an area under certain conditions.

8.       Additional Increases:  A landlord who seeks to impose any rent increase which exceeds those permitted above must petition for a rental arbitration hearing pursuant to The S.F. Rent Ordinance.

9.       Lead abatement:  A landlord may impose a rent increase to recover costs incurred for the remediation of lead hazards under certain conditions.

In Oakland, rent increases are governed by the Oakland Rent Adjustment Ordinance No. 12538 which amends the Oakland Municipal Code.

The general provisions related to allowable rent increases for rental units in Oakland are listed below.  Please note that this information is generalized and is not exhaustive.  Exceptions do exist that are not listed below. For specific details as to how The Oakland Rent Ordinance affects your rights, contact an experienced landlord/tenant attorney at Bradshaw & Associates, P.C.:

Landlords may generally impose rent increases upon tenants of rental units as provided below:

1.      Annual Rent Increases: An owner may increase rent on some rental units once each twelve months under certain conditions.  On May 1 of each year, the Oakland Rent Board publishes the lawful annual increase that may take effect on the tenant’s anniversary date, provided certain conditions are met.  The annual rent increase is calculated based on the Consumer Price Index for the Bay Area.  Additionally, tenants must be provided with written notice of the rent increase.  Note: Tenants may file a timely petition with the Rent Board if they believe their rental increase is more than the allowable amount.

In Berkley, rent increases are governed by The Rent Stabilization and Eviction for Good Cause Program (“The Berkley Rent Ordinance”) in the Berkley Municipal Code. 

Residential rental units in Berkeley that are subject to rent control have a lawful rent ceiling, the maximum amount of rent that a landlord may lawfully charge for the use or occupancy of the unit and any associated housing services.

The general provisions related to allowable rent increases for rental units in Berkley are listed below.  Please note that this information is generalized and is not exhaustive.  Exceptions do exist that are not listed below. For specific details as to how The Berkley Rent Ordinance affects your rights, contact an experienced landlord/tenant attorney at Bradshaw & Associates, P.C.:

Landlords may generally impose rent increases upon tenants of rental units as provided below:

1.      Annual Rent Increase: A Landlord may impose an Annual Rent Increase under certain conditions.  Around October 31 of each year, the Berkley Rent Board publishes the annual general adjustment for the preceding 12 months.  This adjustment is calculated based on the Consumer Price Index for the Bay Area.  This rent adjustment will be an increase of between 0% and 7% of the tenant’s base rent. Written notice of the rent increase must be given to tenants at least 30 days in advance.  Note: Tenants may file a timely petition with the Rent Board if they believe their rental increase is more than the allowable amount.

Q : Can the tenant terminate the lease if the landlord fails to maintain the premises?

A : Yes. Three different legal theories justify such an action: illegal lease, constructive eviction, and material noncompliance.

Q : Is the landlord able to terminate the lease because the tenant is paying reduced rent?

A : If the tenant is paying reduced rent because of the landlord's breach of the implied warranty of habitability or violation of the housing code, the landlord may not have the right to terminate the lease. A retaliatory conduct law may prohibit such a termination.

Q : Does the landlord need a reason to terminate the lease at its expiration?

A : It depends on the location of the property.  Please select one of the following localities to view the basic requirements of the local Rent Ordinances for the Bay Area.

In San Francisco, a landlord generally needs a valid reason to terminate the lease.  The Residential Rent Stabilization and Arbitration Ordinance (“The S.F. Rent Ordinance”) dictates the reasons that a landlord can terminate the lease and applies to rental units that are not specifically exempted.  Some units may be exempt from The S.F. Rent Ordinance, such as those who do not meet the definition of a “rental unit.”  Also, the just cause provisions may not govern a landlord who resides in the same rental unit with his or her tenant under certain conditions.

The general reasons that a lease can be terminated by a landlord are listed below.  Please note that this information is generalized and is not exhaustive.  Exceptions do exist that are not listed below. For specific details as to how The S.F. Rent Ordinance affects your rights, contact an experienced landlord/tenant attorney at Bradshaw & Associates, P.C.:

1.       The tenant has failed to pay rent that the landlord is lawfully entitled to, has habitually paid rent late, or has paid rent with checks that are frequently returned. 

2.       The tenant has violated a lawful obligation or covenant of tenancy (i.e. violated a term in the lease agreement).

3.       The tenant is committing a nuisance in, or permits a nuisance to exist to, the rental unit; or, the tenant is causing substantial damage to the rental unit; or, the tenant is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building.

4.       The tenant is using or permitting a rental unit to be used for any illegal purpose.

5.       The tenant, who had an oral or written agreement with the landlord which terminated, has refused after written request by the landlord to sign a written extension or renewal, if this extension or renewal is for the same duration and if the terms of the agreement are materially the same as in the previous agreement. 

6.       After written notice to cease, the tenant has refused the landlord access to the rental unit as required by state or local law.

7.       The tenant who has possession of the rental unit at the end of the term of the oral or written agreement is a subtenant not approved by the landlord.

8.       The landlord seeks to recover possession for the landlords use or occupancy as his or her principal residence, or for the use or occupancy of the landlord’s immediate family, as their principal place of residency.

9.       The landlord seeks to recover possession in order to sell the unit in accordance with a condominium conversion.

10.   The landlord seeks to recover possession in order to demolish or to otherwise permanently remove the rental unit from housing use.

11.   The landlord seeks to remove temporarily the unit from housing use (generally not more than three months) in order to be able to carry out capital improvements or rehabilitation work. 

12.    The landlord seeks to recover possession in order to carry out substantial rehabilitation.  

13.   The landlord wishes to withdraw from rent or lease all rental units within any detached physical structure.

14.   The landlord seeks to temporarily recover possession of the unit for less than 30 days solely for the purpose of effecting lead remediation or abatement work.  

In Oakland, a landlord generally needs “good cause” to terminate the lease.  The Just Cause for Eviction Ordinance No. 12537 that modifies the Oakland Municipal Code applies to rental units that are not specifically exempted.  Some owner occupied units, as well as rental units constructed since the measure was enacted, are examples of some rental units that may be excluded from The Oakland Ordinance.

General good cause reasons by which a landlord can terminate a lease are listed below.  Please note that this information is generalized and is not exhaustive.  Exceptions do exist that are not listed below. For specific details as to how The Oakland Municipal Code and Oakland Rent Ordinances affect your rights, contact an experienced landlord/tenant attorney at Bradshaw & Associates, P.C.:

1.       The tenant has failed to pay rent that the landlord is lawfully entitled to.

2.       The tenant has continued to substantially violate a material term of the tenancy, after written notice to stop, other than the tenant’s obligation to surrender possession of the rental unit on proper notice, as required by law.

3.       The tenant, who had an oral or written agreement with the landlord which has terminated, has refused after written request by the landlord to sign a written extension or renewal if this extension or renewal is for the same duration and if the terms of the agreement are materially the same as in the previous agreement. 

4.       The tenant willfully caused substantial damage to the rental unit beyond normal wear-and-tear, and after written notice, has refused to stop damaging the premises, or has refused to either correct the damage or pay to have the damage repaired.

5.       The tenant has continued to be so disorderly as to destroy the peace and quiet of other tenants at the property, following written notice to stop.

6.       The tenant has used the rental unit for an illegal purpose.

7.       The tenant has continued to deny the landlord access to the rental unit as required by state law, after written notice to do so.

8.       The owner seeks to recover possession of the rental unit for his or her use or occupancy as his or her principal residence if the owner has previously occupied the rental unit as his or her principal residence and the written rental agreement provides for the landlord’s right of re-possession.

9.       The owner seeks to recover possession of the rental unit for the landlords use or occupancy as his or her principal residence, or for the use or occupancy of the landlord’s immediate family, as their principal place of residency, subject to conditions and special requirements.

10.   The owner seeks to undertake substantial repairs that cannot be completed while the unit is occupied and that are necessary to bring the property into compliance with applicable codes and laws.  Generally the tenant will not be required to vacate for more than three months.

11.   The owner seeks to remove the property from the rental market.

In Berkley, a landlord generally needs valid grounds to terminate the lease.  The Rent Stabilization and Eviction for Good Cause Program (“The Berkley Rent Ordinance”) in the Berkley Municipal Code, dictates the grounds under which a landlord can terminate the lease. 

The general grounds under which a lease can be terminated by a landlord are listed below.  Please note that this information is generalized and is not exhaustive.  Exceptions do exist that are not listed below.  For specific details as to how The Berkley Rent Ordinance affects your rights, contact an experienced landlord/tenant attorney at Bradshaw & Associates, P.C.:

1.       The tenant has failed to pay rent that the landlord is legally entitled to.

2.       The tenant has continued to substantially violate a material term of the tenancy, after written notice to stop, other than the tenant’s obligation to surrender possession of the rental unit on proper notice, as required by law.

3.       The tenant willfully caused or allowed substantial damage to the rental unit beyond normal wear-and-tear, and has refused, after written notice, to pay the cost of repairing this damage and stop damaging the property.

4.       The tenant has refused to agree to a new rental agreement upon expiration of a prior rental agreement, but only where the new rental agreement contains terms that are substantially identical to the prior rental agreement.

5.       The tenant has continued to be so disorderly as to destroy the peace and quiet of other tenants at the property, following written notice to stop.

6.       The tenant has refused the landlord access to the rental unit as required by state law, after written notice to do so.

7.       The landlord seeks to undertake substantial repairs which are necessary to bring the property into compliance with applicable codes and laws and these repairs cannot be completed while the unit is occupied. 

8.       The landlord seeks to recover possession of the rental unit in order to remove the rental unit from the market by demolition.

9.       The landlord seeks to recover possession for his or her own use and occupancy as his or her principal residence or for the use or occupancy of the landlord’s immediate family, as their principal place of residency, subject to conditions and special requirements.

10.   The landlord seeks to recover possession of the rental unit for his or her use or occupancy as his or her principal residence if the landlord has previously occupied the rental unit as his or her principal residence and the written rental agreement provides for the landlord’s right of re-possession.

11.   The tenant fails to vacate a rental unit occupied under the term of a temporary rental agreement entered into pursuant to the provisions of subsection 13.76.130A.11, a.

­­­­­­­­­­Q : How does the landlord terminate the lease at the expiration of the term?

A : It depends upon the type of lease.

If there is an oral lease with month-to-month tenancy, the landlord ends it by serving a written notice of the same length. For instance, the notice must give the tenant thirty days to vacate if rent is paid monthly, and seven days if it is paid weekly, although some states have different rules. Most cities or states require that this notice be delivered personally to the tenant, although some permit delivery by mail. The content of any notice to terminate a tenancy is highly technical and should be prepared by an experienced landlord/tenant attorney.  Contact Bradshaw & Associates, P.C. for more information.

If there is a written lease with a specific duration or term, the lease automatically ends on the last day of the term. However, some municipal ordinances require a 30-day written notice to the tenant before the end of the term. Without such a notice the tenant does not know whether the landlord wants to renew the lease or not. It is always best for the landlord and tenant to discuss the matter well before the lease ends.

For more information about how the local Rent Ordinances affect your rights and obligations, contact Bradshaw & Associates, P.C., or visit:

The San Francisco Rent Board:
http://www.sfgov.org/site/rentboard_index.php

 The San Francisco Rent Ordinance:
http://www.sfgov.org/site/rentboard_index.php?id=2146#rules

 The Oakland Rent Board:
http://www.oaklandnet.com/government/hcd/rentboard/index.php

The Oakland Rent Ordinance:
http://www.oaklandnet.com/government/hcd/rentboard/ordinance.php

The Berkley Rent Stabilization Board:
http://www.ci.berkeley.ca.us/rent/

The Berkley Municipal Code (Rent Stabilization and Eviction for Good Cause Program):
http://www.ci.berkeley.ca.us/rent/OrdRegs/gcause/index0rd.php