Here's a scenario that's playing out across San Francisco right now: You've been parking in your building's garage since the day you moved in. Your old landlord said it was yours. You've used it for years. Then the building sells, the new owner walks in, and suddenly that spot is no longer part of the deal.

Can they do that? The short answer is: it's complicated. The longer answer is a masterclass in why you should get everything in writing.

San Francisco's Rent Board actually does recognize parking and storage spaces as "housing services" under certain conditions — meaning a new landlord can't just strip them away without consequence. If a parking spot was consistently provided as part of your tenancy, there's an argument that it became an implied term of your rental agreement, even if it never made it into the formal lease. The Rent Board has a whole page dedicated to this exact issue.

But "implied" is doing a lot of heavy lifting in that sentence. As one local put it bluntly: "If it isn't documented, it never happened." And that's the uncomfortable reality. Without a paper trail — an email, a text, a lease addendum, something — you're relying on the good faith of people engaged in a real estate transaction, which is roughly as reliable as Muni's schedule.

A tenant counselor noted that when buildings sell, outgoing landlords typically ask tenants to sign an estoppel agreement — essentially a document memorializing the current terms of your tenancy. That was your moment to get the parking spot on the record. If you signed one and left the spot off, you may have inadvertently given it away. If you were never asked to sign one, you may actually have a stronger case that the verbal agreement carries over.

Here's what really stings: there's a good chance your old landlord used that unwritten parking arrangement as a selling point — telling buyers they could monetize the spot themselves. One SF resident who's been on both sides of property deals confirmed exactly that: "The past owner used that parking space as a selling point that new owners could add as potential value."

The lesson here isn't really about tenant law — it's about protecting yourself from a system that rewards whoever has the better paperwork. If your landlord offers you anything — parking, storage, use of a shared space — get it in the lease. Get it in an email. Get it tattooed on your arm if you have to.

And if you're in this situation right now? Contact the SF Tenants Union before you concede anything. You may have more rights than you think. But next time, get it in writing.