What is a public nuisance?

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...

The Ellis Act and retaliatory eviction defense

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 The landlord has the right to evict tenants on the basis that the building is being permanently withdrawn from the rental market.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...

Constructive Eviction and Tenants

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...

Why landlords can ask for a deposit

Few issues give tenants heartburn like a new landlord asking for a large deposit check. What is a deposit and why do landlords get to ask for so much? A deposit is defined under the law as any payment, fee, deposit or charge that is imposed at the beginning of the...

Pay your rent

Most renters know they need to pay their rent every month. But when should you pay your rent? Usually, in most leases, it states that rent needs to be paid on the first of every month. It might state you have a ‘grace period’ to pay. This means that if you mail your...