Real Estate Law Blog
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Preserving Your Tenant’s Right to a Jury Trial
If you’re a tenant involved in an eviction action, you’ll probably want a jury trial.
As I wrote in an earlier post, “Your Right to a Jury Trial,” jury members may be tenants themselves and can be more attuned to the difficulties of being a tenant.
But you can’t take this tenant right for granted. In an unlawful detainer (eviction) case in Los Angeles County, a superior court judge ruled, based on the wording of the California Civil Code, that the tenants could not get a jury trial.
How I Handle Lawsuits with Many Tenants
I represent individual tenants, but I also represent multiple tenants who are suing a landlord. These types of cases can be complex due the number of tenants.
Below is an article I wrote that was published in the San Francisco Attorney Magazine: Fall 2017. It gives an in-depth look at how I handle these complex cases with many tenants as plaintiffs.
City Files Lawsuit Against “Firetrap”
The City of San Francisco is aiming at a landlord who rented an illegal basement space to 20 tenants that the San Francisco Fire Department alleges had many fire code violations.
City Attorney Dennis Herrera stated on August 22 that the City filed a lawsuit against the landlord and others who rented the basement in an Outer Mission building known for the Clean Wash Center Laundromat located on 4680 Mission Street.
The Case of the Master Tenant Who Acted Like a Landlord
I follow court opinions in order to keep current with changes in the interpretation of landlord-tenant laws. I occasionally write about cases that are important to tenants in this blog.
This case, which I call “The Case of the Master Tenant Who Acted Like a Landlord,” is significant because it shows the number of ways the relationship between a landlord, master tenant, and subtenants can go awry.
It’s also a good in-depth look at how tenants handle the high rent in San Francisco and the rest of the Bay Area. The details below are specific to this case, but on the whole there are similarities to others across the Bay Area.
Rental Rates Driving Tenants Out
Sheila James, an office worker, starts her week by rolling out of bed at 2:15 am to get to her job in downtown San Francisco by 8:00 am.
Because of high rental rates in the Bay Area, she moved to Stockton, where she can rent a 3-bedroom house for $1,000 a month. She used to live in Alameda, and paid $1,600 for a one-bedroom apartment.
She might still be living in Alameda if a developer had not brought her building and evicted her and her neighbors. As a single person, her household income is $80,000 a year, but that’s not enough to afford decent housing in the Bay Area.
First Step to Correct a Housing Code Violation
You believe your home has a serious violation of the housing code. But you’re not certain. How can you tell?
“Substantial” compliance is the standard used by the courts.
Landlords are not required to have their properties in perfect, aesthetically pleasing conditions. In most cases, landlords need what is called “substantial compliance.” This means that the conditions meet the applicable code standards that affect health and safety.
The Case of the Erroneous Landlord
As an attorney defending residential tenants, I find that each case has unique details. Knowing which details are important when arguing a case can be the difference between winning and losing.
That’s why I keep track of court opinions, which I write about occasionally in this blog. What I call the “Case of the Erroneous Landlord” is about a significant detail that caused the tenants to win both the lawsuit and the appeal.
Yikes, My Building is Selling: Part 2
The landlord or his realtor presents you with a document asking you about the details of your lease. The document might be called “Rental Questionnaire” or a “Statement of Tenancy.”
Be careful. It could be a tenant estoppel.
Tenant estoppels legally certify facts about your lease. They reassure the buyer of your building that the financial details are correct about your home.
Yikes, My Building is Selling: Part 1
You come home one evening and see a sign on your building. It’s for sale.
Or you hear a rumor from another tenant. You google your building’s address, and up it comes on some real estate company’s website.
As a tenant, are you in trouble?
Take a deep breath. The first thing I tell my clients when they are nervous about their rent-controlled building selling is that they can’t be evicted because the sale.
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Mary Catherine Wiederhold
Real Estate Attorney
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San Francisco, CA 94109
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