San Francisco Rent Ordinance § 37.13: How San Francisco Tenants Obtain Additional Keys
The San Francisco Rent Ordinance is clear, landlords must provide a minimum of one key or key set for each adult occupant without charge. San Francisco Administrative Code § 37.13. However, the law also outlines how San Francisco tenants can obtain additional keys or key sets, and what actions San Francisco tenants may take where their landlord refuses to provide additional keys without good cause.
How Do San Francisco Tenants Request Additional Keys?
Under the San Francisco Rent Ordinance, a San Francisco tenant must make a written request to their landlord that also states the reason for requesting the additional key(s) or key set(s). San Francisco Administrative Code § 37.13(b).
What Reasons Are Permissible for Additional Keys?
San Francisco tenants may request additional keys for convenience, including to admit a service provider, delivery person, houseguest, or relative. San Francisco Administrative Code § 37.13(b). Additionally, a master tenant may request an additional set of keys for all authorized adult subtenants that may move into the unit during a tenancy.
Following A San Francisco Tenant’s Request for Additional Keys, How Long Does a Landlord Have to Respond?
Fourteen days. San Francisco Administrative Code § 37.13(b).
Following A San Francisco Tenant’s Request for Additional Keys, How May a Landlord Respond?
Follow a San Francisco tenant’s request for additional keys, a landlord may either provide the key(s) or key set(s) within fourteen days of the San Francisco tenant’s written request, or deny the tenant’s request. San Francisco Administrative Code § 37.13(b)(2). However, the landlord may only deny a lawful request for good reason. Id. Additionally, a denial must include the specific reason for the denial, in writing. Id. Examples of good cause supporting a denial include an unlawful occupancy or a tenant’s pattern of lease violations. Id.
Can My Landlord Charge for Providing Additional Keys?
Yes, but only for the documented costs of replicating the key. San Francisco Administrative Code § 37.13(b)(1). This means – to charge a tenant for fulfilling an additional key request – the landlord must provide proof of costs, such as an invoice or receipt. The landlord cannot charge anything more, or require an additional key deposit.
Please note that the landlord cannot bill the tenant for the documented cost of replicating the key or key set until delivering the additional key or key set to the tenant.
What Can San Francisco Tenants Do When the Landlord Refuses to Provide Additional Keys?
The San Francisco Rent Ordinance provides that a landlord’s refusal to provide an additional key or key set is a substantial decrease in housing service. San Francisco Administrative Code § 37.13(b)(3). This means that a San Francisco tenant covered by the rent limitation provision of the San Francisco Rent Ordinance may file a decrease in services petition at the San Francisco Rent Board where: (1) The landlord fails to respond to the tenant’s lawful request for additional keys within fourteen (14) days; (2) The landlord attempts to impose unlawful terms and conditions on providing additional keys, such as demanding the San Francisco tenant pay a security deposit; or, (3) The landlord wrongfully denies the San Francisco tenant’s request for an additional key or key set. San Francisco Administrative Code § 37.13(b). If the tenant prevails at the San Francisco Rent Board, the Rent Board will lower the tenant’s rent until the landlord provides the key or key set requested.
San Francisco tenants not covered under San Francisco Rent Control have options, too. These tenants may propose mediation, replicate the key or key set themselves and seek to recover the cost from the landlord affirmatively, or file a lawsuit (likely in small claims court).
