A lease expires next month, but the tenants asked for a six-month extension. I’d rather they didn’t stay because the neighboring residents consistently contact me about noise/parties in that unit after 10:00 p.m. Can I refuse their request without legal repercussions?
Yes, you are free to decline a request for a six-month extension, but please understand that all tenancies in San Francisco automatically revert to a month-to-month status upon lease expiration, and a tenancy can only be terminated by the resident’s voluntary departure or for a legal “just cause” reason under the San Francisco Rent Ordinance. Lease expiration is not a just cause, and, as we oftentimes discuss in this forum, the just cause reasons are now increasingly difficult to invoke. Regarding tenant fault evictions (meaning the tenant’s conduct is the cause for severing the relationship), this author believes that outside of a refusal or inability to pay rent, or the commission of a serious nuisance, requiring someone to vacate is usually not feasible. This means that these folks may extend their stay for as long as they want, so you should instead address the reason why you and the neighboring tenants would like to see them leave.
As referenced above, all San Francisco tenancies, even those in apartments built after 1979, are what is known as “eviction protected,” meaning a housing provider needs legal just cause to compel someone to vacate. Here, the constant late evening parties are likely creating a negative atmosphere for others living in the building. The law terms such behavior as a “nuisance.” The ongoing commission of a nuisance, after the perpetrator is warned to stop, constitutes a lawful just cause reason to terminate one’s tenancy. Accordingly, you may want to begin the formal warning process to curb the boisterous partying. If the conduct continues unabated after sufficient protests, consult legal counsel to initiate the tenancy termination process.
Interestingly, the Rent Ordinance lists as a just cause for lease termination the following:
“The tenant, who had an oral or written agreement with the landlord which has terminated, has refused after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration and under such terms which are materially the same as in the previous agreement….”
This means you may require someone to renew their lease for a like term when the initial term expires. But be careful. Other than adjusting rent in accordance with the rent law (e.g., 1.4% for leases that expire between March 1, 2025, and February 28, 2026), all other tenancy terms must be the same. And note that very few legal practitioners encourage housing providers to utilize this just cause because a court or jury might not deem the failure to sign a new lease as a sufficiently legitimate justification to unhouse someone. Rather, if both parties desire an extension, move forward with a new lease or lease addendum to bind this extended term. Conversely, if you are hesitant to renew a term whether it be for six months or a year, then accept the month-to-month status for the foreseeable future unless, of course, the tenants decide to leave on their own. Lastly, if there is a serious problem with the remaining residents, make sure you promptly address the situation with an appropriate legal response, as it is hardly fair to make the building community suffer because of someone’s bad behavior.