Can landlord force me to move out for 3 days to get rent reduced? (San Francisco: apartment)

[LIgolf1]

I am currently renting an older non-renovated rent-controlled 1 bedroom in San Francisco. My lease terms were 1 year and then month-to-month. My 2020 rent was $2900, but when COVID hit, I very easily got the landlord to temporarily reduce my rent to $2500. Now that the year is up, I have requested we make this permanent. The landlord (one of the larger companies) did admit that the market value of my apartment is currently $2400 (what comparable units in the building are renting for, but they are telling me they are unable to renegotiate existing leases.

They said the only way for me to do this is give 30 days notice, sign a new lease, and then move all of my belongings out for 3 days, then move back in. While I'm gone they will not do any repairs or updates, unless I want to be charged for them (I don't), so the apartment will just be sitting empty while I pay for a storage unit and movers.

They are making it sound like this part of a rent-control law they have to follow.Has anyone ever heard of this? It seems insane to me.

[Ruth4Truth]

San Francisco Tenants' Union:

415/282-6622. They can advise you on rent-control law.

[tikkasf]

here is their website
https://sftu.org/

[twins4lynn]

I would contact the SF Rent Board. https://sfrb.org/

[evening sun]

Let us know the outcome.

[Ruth4Truth]

Now that I think about it, OP, it's entirely possible that there's a rent control law, limiting changes in rent to when there's rollover to a new tenant. It sounds absurd, that it would apply to lowering the rent on an existing tenant, because such a restriction would exist to protect tenants from unreasonable raises in the rent. But it may be worded in such a way, that no change in rent beyond a small, specified percent, could be done without a change in tenancy. So they'd have to sign you up as a "new tenant".

This is just my best guess. The problem I have with it, is that it leaves you vulnerable during that 3 day vacancy. They could choose to not honor their promise to sign you in again at all, once you vacate. And why would they, since a vacancy would allow them to raise the rent? Unless you know the LL is 100% trustworthy, and I wouldn't assume that of a corporate entity, this sounds very risky.

Are there any openings in other units that you could take right away, and if so, what are they renting for? Maybe you could just switch units.

[LIgolf1]

Thanks for all your replies. I'm probably just going to consult with a lawyer.

I also found out last night that the temporary rent reduction is probably be illegal.

From: https://sfrb.org/topic-no-264-tempor...ion-agreements

Rent board decisions have consistently held that where a landlord agrees to temporarily reduce a tenant’s rent due to genuine financial hardship specific to the tenant, the landlord may restore the prior base rent at any time after giving written notice to the tenant. Restoration of the prior rent does not affect the tenant’s anniversary date for the purpose of future rent increases. Examples of tenant financial hardship may include a reduction in income, an increase in expenses, or losing a roommate that was contributing towards the rent.

A rent reduction is permanent and cannot be restored if a new agreement is created between the parties at a lower rent due to market conditions.

I'm fortunately able to work from home, so I def was not suffering any financial hardship and even got a bonus around that time. The document I signed did mention "tenant's financial hardship," but and that I felt weird signing. They basically lied and told me not to worry about it and it was the only way to get the reduction.

Originally Posted by Ruth4Truth

Now that I think about it, OP, it's entirely possible that there's a rent control law, limiting changes in rent to when there's rollover to a new tenant. It sounds absurd, that it would apply to lowering the rent on an existing tenant, because such a restriction would exist to protect tenants from unreasonable raises in the rent. But it may be worded in such a way, that no change in rent beyond a small, specified percent, could be done without a change in tenancy. So they'd have to sign you up as a "new tenant".

This is just my best guess. The problem I have with it, is that it leaves you vulnerable during that 3 day vacancy. They could choose to not honor their promise to sign you in again at all, once you vacate. And why would they, since a vacancy would allow them to raise the rent? Unless you know the LL is 100% trustworthy, and I wouldn't assume that of a corporate entity, this sounds very risky.

Are there any openings in other units that you could take right away, and if so, what are they renting for? Maybe you could just switch units.

I definitely do not trust them. In the 6 years I've lived here, I haven't had to deal with them much, but I've heard from other tenants and on Yelp that they charge exorbitant move-out fees even if the apartment is left pristine. Seems like those that take them to court or always win.

They did said will allow me to sign the new lease immediately after I give the 30 day notice (I have all of this this in writing in an email exchange). It does still make me nervous though since I have to give notice first. Even if they do follow through, it's still crazy--I will have a lease, but have to go through the expense and effort to moving everything, storing, and move back in during a pandemic. There are other units, but this still means I have to hire movers and I like my apartment--also, pandemic. If I have to move, it'd be to another building.

[tikkasf]

OP, given the stakes, probably a wise choice to consult a lawyer.....given what you have heard and read from others.

[Synchromesh]

Talk to the Tenant's Union. They should be able to renegotiate the lease without any issues and I don't remember seeing any rules about having to move out for 3 days. I think it's bs.