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 court of appeal which reversed part of the trial court’s ruling. Section 37.10B […]
Security Deposit: It’s Your Money!
You move out of your apartment after you give 30 days notice. However, you never receive your deposit. What can you do about it? Currently, not much. State Senator Mark Leno authored a bill sponsored by, among other groups, San Francisco’s Tenants Together, to put real teeth into a bill designed to make landlords think […]
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 property interest in the apartment they rented. Therefore, they were responsible for maintaining […]
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 notified of housing code violations by the Department of Building […]
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 eviction is not legitimate? If the tenant can show a legal […]
Why hire a lawyer if you are facing an unlawful detainer (eviction) action?
You receive a three-day notice to quit or cure for nuisance. You believe you fixed the problem, but the landlord still has you served with legal papers. Should you hire a lawyer? And if so, why? The answer is you probably should, especially if your landlord has an attorney. Hiring a lawyer levels the playing […]
What happens after an unlawful detainer (eviction) trial?
After an unlawful detainer trial where the jury renders a verdict for the landlord, the tenant has still some options to retain possession of her home. The jury verdict must be entered on a form as a judgement against the tenant and for the landlord. The judgement is then filed with the Superior Court. It […]
What happens at an unlawful detainer (eviction) trial?
The process of evicting a tenant is called an unlawful detainer. The Legislature enacted special statutes which make unlawful detainer actions different from other court cases. The statutes provide for a trial within a short period of time and limit the issues that can be raised at the trial. The steps to an unlawful detainer […]
The slow evolution of lawsuits against landlords
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 could not file an affirmative lawsuit against the landlord […]
Fire and your wrongful eviction
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. Unfortunately, it does not allow for payments from the landlord […]