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...
A landlord cannot discriminate because of a disability. The landlord must make reasonable accommodations for his tenant. An apartment falls under the requirements of the federal Fair Housing Act. The Fair Housing Act does not require that a tenant’s request for a...
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....
Recently, a San Francisco landlord who owns multiple properties was sued by the City Attorney’s office. What makes this case interesting is that City Attorney Dennis Herrera sued the landlord under a public nuisance legal theory. A nuisance is considered a public...
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...
