The Case of the Locked-Out Tenant Who Hired an Attorney

The Case of the Locked-Out Tenant Who Hired an Attorney

This case is about a tenant who fought a bad landlord and the hard-working attorney she hired. Based on the antics of the landlord, the court eventually awarded the tenant a considerable amount to money. The court even labelled the landlord as “vexatious.” In law, it...

Illegal or secondary units and you

You see a listing for an apartment on the Internet. There is only one electric meter and one water meter for the apartment and for the upstairs single family house. The apartment was built in the back of a garage. You take the apartment because the rent is...

San Francisco Rent Ordinance Section 37.10B and Tenant Harrassment

San Francisco voters approved Proposition M in 2008. The measure amended the San Francisco Rent Ordinance to ban bad faith or “harassment” actions conducted by the landlord or their agents. The San Francisco Superior Court upheld the measure. Landlords appealed to the...

What is the Warranty of Habitability?

All residential leases in California have an implied warranty of habitability. This means that the landlord must do necessary maintenance to the apartment throughout the period of the lease and ensure it is “tenantable.” Before 1974, tenants were viewed as acquiring a...

What is Common Law Retaliation?

Common law retaliation is any action taken by a landlord against a tenant that is not codified as retaliatory under California statutory law. For example, if a landlord serves the tenant with a three-day notice to quit within 180 days after the landlord has been...

What is Statutory Retaliatory Eviction?

There are two types of retaliation eviction. The first kind is known as statutory retaliation and the second is common law retaliation. The landlord has burden of proving the basis for the eviction, e. g., nuisance. What happens if the landlord’s alleged reason for...