Roommates

If you are a subleasing or considering having roommates to share the cost of housing, it is essential to understand your rights and responsibilities as a renter. Being aware of the local laws and regulations surrounding roommate situations can help you avoid potential conflicts and ensure a positive living arrangement. Let's explore some fundamental aspects of tenant rights when it comes to having roommates in San Francisco.

REVIEW YOUR LEASE

Before inviting roommates into your San Francisco rental unit, carefully review your lease agreement. Some leases explicitly restrict the number of occupants or require landlords' consent before allowing additional roommates. Make sure you understand the terms outlined in your lease to avoid violating any clauses.

SUBLEASING

Under San Francisco's Rent Ordinance, tenants have the right to sublease or assign their unit, including renting a room to a roommate. However, it is crucial to be aware that different rules might apply based on when your building was constructed. For buildings constructed before June 13, 1979, there are typically fewer restrictions on subleasing or assigning rooms. Buildings constructed after that date may have additional regulations, such as requiring written consent from the landlord.

EQUAL TREATMENT

In San Francisco, it is illegal for landlords to discriminate against renters based on their marital status, sexual orientation, gender identity, race, religion, national origin, disability, or other protected classes. This extends to roommate situations as well. Landlords cannot treat renters differently or deny a roommate due to any protected characteristic.

RENT CONTROL AND STABILIZATION

If you are living in a rent-controlled or rent-stabilized unit in San Francisco, having roommates can be subject to specific regulations. In rent-controlled units, the landlord cannot charge roommates more than their fair share of the rent. For rent-stabilized units, the landlord can also establish house rules outlining occupancy limits and requirements for adding roommates.

RENT RESPONSIBILITY

When you have roommates, it's essential to establish clear communication and agreements regarding rent payment responsibilities. San Francisco does not have any specific laws for how rent should be divided among roommates. Therefore, it is crucial to discuss and document