Real Estate Law Blog
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Your Right to a Jury Trial
The eviction process moves swiftly. Evictions, or unlawful detainers, are “summary proceedings.” This means that the process takes less time than a regular lawsuit. Once you are served with a complaint, you have less time to respond than normal. The court hears eviction cases before other cases. The theory, based on historical common law, is that the property belongs to the landlord, and if the tenant is not paying rent, the landlord should recover the property at soon as possible.
Vote For Your Tenant’s Rights
Want to protect your tenant’s rights? Four housing-related bills are up for vote this November. These are significant bills. Your vote helps to keep San Francisco affordable for all tenants.
The rental market has created feelings of “rage and fear and loss and anxiety,” observes Don Falk in the San Francisco Examiner. It’s no surprise, say housing advocates, that four major issues on up for vote.
Eviction Abuse
One of the most abusive ways landlords get around the rent ordinance is with a landlord or owner-move-in. It’s also one of the most frequent reasons for a “just cause” eviction in rent-controlled apartments in San Francisco. The landlord scares you, and you move out. Then he rents to a new tenant at a higher rate or lists your home on Airbnb.
What is “Just Cause” Eviction?
“Just cause” evictions are an important part of your tenant’s rights in San Francisco and other cities in the Bay area. I’ve mentioned “just cause” evictions in past blog posts. What exactly are they?
A Dire Rental Situation
Is Your Neighborhood at Risk?
A Landlord Gets Caught
A Berkeley landlord got caught illegally raising the rent after a tenant moved out of their home. “Subterfuge” is what the landlord’s actions were called by the State of California Court of Appeal in a recent opinion.
Subletting with New Tenants
Subletting is a way of life with the high rents in San Francisco. Knowing your tenant’s rights is important to ensuring your landlord treats you fairly.
I’ve had a couple of recent clients involved with subletting disputes in San Francisco. The S.F. Rent Board routinely relies on Rules and Regulations section 6.15B to make their decision.
Abuse of the Ellis Act
Clients of mine received an eviction notice under the Ellis Act, which stated that the landlords were moving into their home. Sometime later, their home was listed on Airbnb for almost $10,000 per month. Another client, who had lived in his apartment for over 20 years, was also evicted under the Ellis Act. It looks like his home will be posted on Airbnb as a rental as well.
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Mary Catherine Wiederhold
Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109
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