Real Estate Law Blog
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More on Illegal Payments to Landlords by Section 8 Tenants
We last visited this topic in August, 2025. Landlords who show up demanding more money than specified in official HUD contracts are likely acting illegally. How can you fight back? Section 8 Landlords Can’t Make Their Own Rules Your signed rental agreement as a...
When a Sale Fails – How Do Earnest Money and Liquidated Damages Work?
There are few things more complicated for buyers and sellers than a home sale failure. A failed home sale is emotionally and financially difficult for all the involved parties. Careful preparation and attention to deadlines can make or break outcomes. So how do things...
Mediation and Arbitration Clauses in the Purchase of your Home – What Could Go Wrong?
Do you remember the story of The Princess and the Pea? A young woman approaches a castle at night requesting lodging. Of course the resident is a handsome young prince, and the wandering woman claims to be a princess. Doubting her, the prince’s mother places a dried...
The Trouble with Fences – What to Know About Property Lines
Years ago a young couple rented a charming little 1930s house on a large wooded lot. Their elderly landlord was also their next-door-neighbor, who built his much larger custom home to take advantage of sunset views. When the landlord decided to sell the smaller home,...
Can I Be Forced to Make Side Payments to My Landlord for my Section 8 Rental?
No. Imagine a situation in which the landlord of your Section 8 rental adds charges to the rent not outlined in your agreement. Section 8 housing (known in California as the Housing Choice Voucher (HCV) program, mandates rents on a strict formula. Anything veering...
What Are My Rights If My View is Obstructed by a Tree?
This is a story about a tree and two Pacific Heights neighbors who had to settle their differences in court after one upslope neighbor’s panoramic view of San Francisco Bay and its landmarks disappeared. It is a cautionary tale for anyone who wishes to challenge the San Francisco Tree Dispute Resolution Ordinance. It is also an example of how contentious legal battles can involve costly and bitter resolutions.
What is a Prescriptive Easement?
One meaning of the word prescriptive is “a right having become legally accepted or established by usage over a period of time.” An easement in legal terms is a “right to cross or otherwise use a piece of property for a specified purpose.” Samples of prescriptive...
What is Adverse Possession?
You may not have heard the term, but you know about it if you are familiar with the word “squatting.” Adverse possession occurs when a party takes over a residence or a piece of property that does not belong to them. Squatters do not have legal permission of the...
What Should Small Condominium HOAs Avoid?
We tend to think of HOAs (Home Owner Associations) as governing bodies for newer subdivisions and large developments with shared amenities and costs. In these places, HOA membership is mandatory for homeowners, as are monthly dues. HOA dues are disclosed when...
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Mary Catherine Wiederhold
Real Estate Attorney
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San Francisco, CA 94109
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