Tenant Law Blog
As an attorney defending residential tenants, I find that each case has unique details. Knowing which details are important when arguing a case can be the difference between winning and losing.
That’s why I keep track of court opinions, which I write about occasionally in this blog. What I call the “Case of the Erroneous Landlord” is about a significant detail that caused the tenants to win both the lawsuit and the appeal.read more
The landlord or his realtor presents you with a document asking you about the details of your lease. The document might be called “Rental Questionnaire” or a “Statement of Tenancy.”
Be careful. It could be a tenant estoppel.
Tenant estoppels legally certify facts about your lease. They reassure the buyer of your building that the financial details are correct about your home.read more
You come home one evening and see a sign on your building. It’s for sale.
Or you hear a rumor from another tenant. You google your building’s address, and up it comes on some real estate company’s website.
As a tenant, are you in trouble?
Take a deep breath. The first thing I tell my clients when they are nervous about their rent-controlled building selling is that they can’t be evicted because the sale.read more
Details are important. They can make or break your case. That’s why, when you’re in a dispute with your landlord, it’s important to know the rules and regulations.
In Azar v. Rodriguez, the landlords did not know the details. Or if they did, they chose to ignore them. Luckily, the tenant attorney caught the discrepancy. It saved the tenants from being evicted for two years.
This case revolves around an eviction notice given to the tenants for an owner move-in. It’s about what was in the notice, and what was not.read more
The California Apartment Association (CAA), a trade group of landlords, announced on May 5th they will suspend their legal challenges to two approved rent control measures.
Last November, rent control measures were on the ballot in five cities. Only those in Richmond and Mountain View passed. The CAA promptly filed lawsuits to overturn the passed measures.read more
Here’s an important blog I wrote last year called “Don’t Be Fooled into an Eviction.”
Some landlords will try to get you to move without going through the expense and time to formally eviction you.
You get a letter from your landlord in the mail or find one stuck to your door. Feeling ill, you read that it’s a notice to terminate your tenancy. It looks official.read more
With more apartment fires in the Bay Area, I am re-running a blog I wrote on October, 17, 2016 called “Eviction by Fire.” Protecting your tenant’s rights is now more important than ever.
In early October, nine tenants were left homeless by another fire that damaged an apartment building in the Mission district.
There’s been a rash of them. This 2-alarm fire took 66 firefighters about an hour and a half to put out. A SFGATE article noted that the fire “caused no injuries.”read more
My client, a father and his five-year-old son, were both forced into homelessness.
All because a landlord improperly removed this man’s belongings from his home. And they admitted it.
This is what happened to one tenant. Remember, the details of your situation could impact your case differently.
My client was a visiting professor from a foreign country. He came to the United States on an academic exchange program to teach graduate students and to conduct academic research. He was a subtenant in an apartment and paid his rent to the master tenant named on the lease.read more
As I wrote in the blog “The Case of the Winning Defendant,” court opinions can have lots of drama like reality television. A recent case, about a tenant who changed his mind, has plenty of drama. It also has good lessons for other tenants.
What is a court opinion? Sometimes when a case is appealed, the court will write a lengthy background of the case and analysis of how the court came to its decision. Not all cases heard on appeal have published court opinions.
Sometimes tenants don’t win. Nevertheless, court opinions are important to you as a tenant. Since the court interprets laws and regulations, court decisions can affect you.read more
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Mary Catherine Wiederhold
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