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Can my landlord increase my rent if my ex-boyfriend is moving out of our rent controlled place and a new roommate is moving in?

• My boyfriend and I moved in together into a beautiful rent-controlled apartment in the mission right before rents increased drastically a few years ago. During this time, my landlord could only increase rent by 1.9% every year. We recently broke up and he will be leaving the apartment after we give 60 days notice. I'll be looking for a roommate to take his place, but I'm wondering if my landlord can increase my rent to market rates now (about 1.5x what we are currently paying). I'm very worried because if he does that, I'll be priced out of my neighborhood and have to move away from an apartment I love.

• Answer:

  This depends on how your lease was structured, and particularly on whether your name was written in on the lease, or whether your boyfriend was the master tenant.  I was in an apartment with two roommates, all three of our names were on the lease, and this is the response I got from my landlord regarding this exact question. Roommate 1 and Roommate 2 are on the lease, so of course they continue to live there. Under such conditions, the following rules usually apply: New tenant selection: you are free to choose whoever you want. Once you have selected a replacement tenant, please forward their name, contact information and expected move-in date. I would like to speak to them either on the phone or in person. This is just a sanity check, I haven't said no to anyone to date. If something seems wrong, I might run a credit check, but this isn't likely. Section 6.14 notice: the new tenant would receive a Section 6.14 notice acknowledging their move-in. However, they will not be on the lease. Rent payment: since the tenancy isn't ending, rent payments continue as before. However, the rent checks must be from Roommate 1 or Roommate 2, not from the new tenant since he/she won't be on the lease Security deposit: since you aren't ending your tenancy, the landlord wouldn't get involved in the security deposit. You will all have to figure out what portion of the initial deposit is Leon's, and do the transfer between the Leon and the new tenant. You'll have to figure out how much to deduct, if any, for damages incurred above and beyond normal wear and tear. If there are none, then Leon gets his portion of the deposit from the new tenant. This is JUST a suggestion.. as I said, the landlord doesn't get involved here. So its up to you to figure out. The landlord gets involved when the tenancy comes at an end, and the damages need to be assessed.