One of the most vexing issues in representing tenants is the lack of being able to file an affirmative lawsuit against a landlord. In Action Apartment Association, Inc. v. City of Santa Monica (2007) 41 Cal. 4th 1232, the California Supreme Court held that a tenant...
A fire happens in your building. You get out all right, but your home and all your personal property is damaged. What happens next? The San Francisco Rent Ordinance mandates that the landlord allow a tenant to reoccupy her home after repairs have been made....
The Ellis Act gives a landlord the absolute right to go out of the rental business. The landlord has the right to evict tenants on the basis that the building is being permanently withdrawn from the rental market. A tenant can possibly defeat an Ellis Act eviction by...
You, a long-term low-rent tenant, receive notice your landlord wants to move in to your home within 60 days. You move out. However, it looks like the landlord did not move in because her car is never there, and other people are living in your former home. It appears...
There are many ways that a landlord can constructively evict a tenant. One way is for the landlord to commit a ”material breach” of the lease. Under California law, a landlord is required to provide basics in a rented apartment like security, heat and water in...
