SF Apartmentfilter: What happens when my lease's up?

June 25, 2013 6:18 PM

I'm a first time renter in SF and I'm not sure exactly what happens when my lease expires.

I've been googling around for a clear-cut answer on this, but I'm wondering just exactly what happens when my lease expires, and what my options are after that happens. I live in a rent-controlled 1-BR in a 6-unit building in Cole Valley, and my lease says that things go to month-to-month when it expires. From what I've been able to glean, I could stick around for as long as I'd want, and my rent couldn't be increased more than the allowable rate every year. If I wanted to move out, though, I'd have to of course give my 30 days' notice. Right?

However, my lease has this in it:

After the expiration of the original term of this Agreement, Owner may terminate the tenancy, in accordance with applicable law, by giving in the case of a tenancy of less than one (1) year at least thirty (30) days prior written notice, and in the case of a tenancy of more than one (1) year at least sixty (60) days prior written notice, to Tenant.

Does this language, specifically "in accordance with applicable law", mean that I couldn't be asked to leave unless I'm being evicted for cause? In that case, if I'm on a month-to-month lease, is there any reason why I'd want to sign on for another year if my landlord offers me that option?

I know I could go to the SFTU, but I guessed I'd ask here first and see what other Mefites have been through. Thanks a buncharoo!

posted by un petit cadeau to Home & Garden (6 answers total)

I am not a lawyer. My understanding as a Bay Area renter is that in CA leases automatically go month-to-month after they're up. You landlord can *not* evict you for refusing to sign another lease (though that my just be Berkeley).
posted by colin_l at 6:24 PM on June 25, 2013

Here are The 15 “Just Causes” For Eviction Under Rent Control according to the San Francisco Tenants Union.

It looks like you could be required to sign another year long lease (see #5 on the linked page). However, this does not seem to be a common practice in San Francisco -- most people end up going month to month after the lease expires.
posted by zxcv at 6:24 PM on June 25, 2013 [2 favorites]

If you want to absolutely guarantee that you can live there for another year, you should sign another lease. Most people prefer the flexibility of month-to-month to the security of a lease, however.
posted by twblalock at 8:09 PM on June 25, 2013

I'm a former San Francisco renter and former SF landlord. Since your lease says two conflicting things, you should consult a counselor at the San Francisco tenant's union. They're very helpful to tenants. The know not only the law, but also what typically happens.
posted by wryly at 8:27 PM on June 25, 2013 [1 favorite]

Might be worth a quick phone call to the landlord so that you're on the same page, but I've been renting in SF for 5 years and literally every other renter I've ever asked has gone month-to-month after one year.
posted by samthemander at 8:34 PM on June 25, 2013

Also, as a general matter, if you signed a lease relatively recently, your rent is likely still pretty close to market rates. The people who landlords tend to want to evict are either plain bad tenants or have been there since before The Flood and pay a fraction of market rates. It's expensive for landlords to begin eviction proceedings, so they aren't going to do it on a whim.

I loved living in Cole Valley. Enjoy!
posted by ambrosia at 9:55 AM on June 26, 2013