Legal Question in Landlord & Tenant Law in California

A tenant has been renting an apartment for about 5 years in a four unit building I own in San Francisco. The original lease was for one occupant. The market value of the unit is now about $2000 to $2100 per month. Because of rent control the tenant is paying $1700 per month. Relationship with the tenant is good. A few weeks ago I learned that a woman was living with him. Last week I learned that he is married to that woman and that they are expecting a baby. It would be all right with me if the three of them stayed, but I would like something closer to market rent. I am thinking of approaching him and letting him know that the lease was for one occupant only and would have to be renegotiated for two or three. Before I do I would like to know where I stand, and know if there are any pitfalls and what is the right way to do it. For instance I don�t want to be seen as discriminating against children; and I don�t know if the marriage gives him any extra right. I would appreciate any advice you have.

Thank You,

Robert Goodwin


Asked on 4/18/13, 3:18 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

I suggest you talk to San Francisco city/county Rent Board

I don't do housing law but from their website

Topic No. 152: Charging For Additional Occupants

The Rent Board Rules and Regulations prohibit landlords from charging more rent solely for additional occupants, including a newborn child. This constitutes an unlawful rent increase, even if the lease or rental agreement provides for the additional charge. Since the Ordinance provides that tenants cannot waive their rights under the Ordinance, any agreement to pay such additional rent is void as contrary to public policy. Tenants who pay additional rent for additional occupants may file a Tenant Petition to void the increase and obtain a refund of the overcharges.

If a landlord experiences an increase in the costs of operating the building due to additional tenants, the landlord may file a petition for a rent increase based on an increase in operating and maintenance expenses.

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Answered on 4/18/13, 3:32 pm


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