Here are steps tenants can take if they discover visible mold in their apartments:
Immediate Actions
Minimize Exposure
Reduce exposure to mold by keeping the area dry, using air purifiers, and avoiding direct contact with the mold. Mold can cause respiratory issues, especially for individuals with allergies, asthma, or compromised immune systems. Do not use fans or there machines that blow air – this spreads mold spores. Use dehumidifiers only. Be SURE the dehumidifier does not overflow and make the problem worse. Consider, if electrically safe, to put the dehumidifier inside the bathtub. Be sure to turn off or unplug the electricity before moving the machine.
Medical Attention
If you or anyone in your household experiences health problems that may be related to mold exposure, such as persistent coughing, sneezing, headaches, or skin rashes, seek medical attention promptly.
Report to the Landlord
Notify your landlord or property manager immediately, preferably in writing (email, text or letter), detailing the location and extent of the mold growth. Include your documentation as evidence. Include photos and save all photos and notifications to the landlord about mold.
Excess humidity inside a bath enclosure may be coming from ventilation failure and is a cleaning problem. Now, if the grout is cracked in multiple places and you see discoloration, that should be reported in writing with photos to your landlord.
Request a Mold Inspection
Ask your landlord to arrange for a professional mold inspection. A qualified inspector can determine the type of mold and the extent of the contamination. A qualified mold inspector should have mold certifications and insurance coverage.
Temporary Solutions
While waiting for the landlord’s response, you can reduce mold exposure by cleaning small areas of mold with soap and water or a commercial mold cleaner. Wear protective gear such as gloves and a mask while cleaning.
Landlord’s Rights and Responsibilities
Landlord’s Duty to Repair
In most jurisdictions, landlords are required to maintain habitable living conditions. This includes addressing mold problems caused by plumbing leaks, roof leaks, or other maintenance issues.
In California the landlord is responsible for repairing any mold caused by defects in the property. This includes repairs from the tenant above’s bathtub overflow, etc. Yes, the landlord can require the above tenant to reimburse the landlord for repairs. Seriously consider purchasing Renters Insurance to minimize your out of pocket expenses to relocate, etc.
Tenant’s Rights to Withhold Rent
If the landlord fails to address the mold issue within a reasonable time, tenants may have the right to withhold rent, make the repairs themselves and deduct the cost from the rent, or move out without penalty. However, these actions should be taken only after seeking legal advice and following local laws and procedures. Please seek legal guidance before withholding rent.
Seek Legal Help
If the landlord is unresponsive, tenants can seek help from local tenant advocacy groups or a lawyer specializing in tenant rights. Organizations such as the San Francisco Tenants Union provide resources and support for dealing with habitability issues. Links below.
Preventative Measures
Control Moisture
Mold thrives in damp environments. Ensure good ventilation in bathrooms and kitchens, use dehumidifiers, and fix leaks promptly.
Leave exhaust fans running for a minimum of 15 minutes after bathing or boiling water on the stove.
Regular Cleaning
Regularly clean and dry areas prone to moisture, such as bathrooms and kitchens, to prevent mold growth.
All furniture should be a minimum of 3″ away from perimeter walls to allow ventilation.
Recap San Francisco Tenant-Landlord Laws
Navigating the tenant-landlord laws in San Francisco can be daunting, but understanding your rights and responsibilities is crucial for a harmonious living situation. Whether you are a tenant or a landlord, this guide will help you grasp the essentials of San Francisco’s rental laws and ensure you are well-informed about rent control, eviction protections, and more.
Rent Control and Annual Increases
In San Francisco, many residential units built before June 13, 1979, are subject to both rent control and eviction protections. Rent control limits how much a landlord can increase the rent each year. For instance, from March 1, 2024, to February 28, 2025, the allowed rent increase is capped at 1.7% .
Eviction Protections
The City’s Rent Ordinance mandates “just cause” for evictions, meaning landlords can only evict tenants for specific reasons such as non-payment of rent or breach of lease terms.
The California Tenant Protection Act (AB 1482)
This state law complements local regulations by capping annual rent increases at 5% plus the regional CPI or 10%, whichever is lower. It also enforces “just cause” eviction protections after a tenant has occupied the unit for at least 12 months. Exemptions apply to newer constructions and certain types of owner-occupied properties (SF Gov).
Special Cases and Exemptions
Not all units are covered by local rent control or eviction protections. Commercial units, certain student dormitories, and units on federal land are among those exempt. Single-family homes and condos may also be exempt if they meet specific criteria (SF Gov) (SF Gov).
Additional Requirements
San Francisco landlords must pay interest on security deposits annually and adhere to specific notification requirements for rent increases and evictions. Non-compliance can lead to legal disputes and penalties (SF Gov) (SF Gov).
Resources and Support
The San Francisco Rent Board is an invaluable resource, offering guidance and counseling for both tenants and landlords. Whether you need advice on rent increases, filing a petition, or understanding your rights, the Rent Board can help you navigate the complexities of the city’s rental laws (SF Gov) (SF Gov).
For more detailed information and specific scenarios, visit the San Francisco Rent Board website or consult legal counsel specializing in tenant-landlord law.
By staying informed and understanding your rights, you can contribute to a fair and equitable housing environment in San Francisco.
Tenant in Occupancy Petitions (Section 1.21)
Landlords can petition the Rent Board for an unlimited rent increase if there is no “tenant in occupancy.” So, if the Tenant that originally signed the lease is not living inside the named rented property, the landing if free to raise the rent on all occupants. This means no residing tenant meets the criteria laid out in the Rent Ordinance.
Replacement Roommates
Tenants leaving a unit typically can only be replaced with a new roommate on the lease once per year without good cause. Check your lease and talk to your landlord before a new tenant moves in.
Impact on Tenant Mobility
According to research by Diamond, McQuade, & Qian (2018), rent control in San Francisco has significantly limited renters’ mobility by 20%. This restriction on movement has a dual effect: it lowers displacement but also binds tenants to their current living situations, often limiting their ability to move for new opportunities.
Reduction in Rental Housing Supply
This same study highlights a concerning consequence of rent control — a 15% reduction in rental housing supply. Landlords, faced with rent control regulations, often choose to sell to owner-occupants or redevelop buildings. This decline in available rental units inadvertently contributes to a tighter housing market.
Long-Term Market Rent Effects
The reduction in rental housing supply is not a standalone issue. It likely triggers a ripple effect, increasing market rents in the long term. This paradoxical outcome challenges the very goal of rent control — to make housing more affordable.
High Land Rent and Its Implications
In the Bay Area, high land rent is a persistent characteristic, shaping the housing market significantly.
Ellis Act evictions are still legal in California, including San Francisco. However, there are strict regulations and processes in place governing their use.
In San Francisco, the Ellis Act eviction process includes specific requirements for relocation assistance payments to tenants. These amounts are updated periodically, so it’s important to check the latest figures from the San Francisco Rent Board.
Relocation Assistance Payments
For Ellis Act evictions in San Francisco, landlords must provide the following relocation payments to displaced tenants:
Single Tenant
If a single tenant is evicted under the Ellis Act, they would receive a base payment of 9,716 per tenant (up to $29,150 per unit maximum)
Additional Payment for Elderly and Disabled Tenants
Tenants who are elderly (62 years or older) or disabled (as defined under federal law) are entitled to an additional $6,478.
Additional Payment for Households with Minor Children
Households with minor children are entitled to an additional $6,478.
These amounts are based on the latest adjustments and are subject to annual updates. For the most accurate and current figures, you should check the latest notices from the San Francisco Rent Board or consult with a local attorney specializing in landlord-tenant law.
Local Ordinances and Updates
The specifics of these payments can change, so it’s important to verify the latest information with the San Francisco Rent Board or through legal counsel. San Francisco’s regulations are designed to provide substantial assistance to displaced tenants, reflecting the city’s high cost of living and housing crisis.
Importance of Legal Advice
Given the complexity and evolving nature of relocation assistance requirements, both landlords and tenants should seek legal advice to ensure compliance with all applicable laws and to fully understand their rights and obligations under the Ellis Act and local ordinances.
For the most up-to-date figures and additional details, you can visit the San Francisco Rent Board’s official website.
Where to Learn More
CA.gov Ellis Act Information: https://www.stimmel-law.com/en/articles/ellis-act-state-law-restricting-change-use-rental-property
San Francisco Rent Board
California Department of Consumer Affairs
Environmental Protection Agency (EPA) Mold Resources
By taking these steps, tenants can address mold issues effectively and ensure their living environment remains safe and healthy.
Other Links
Mold Testing
Tenant Law Group SF