Real Estate Law Blog
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What is the Costa-Hawkins Act?
What does this 25-year old law have to do with you and your tenant’s rights?
The California Legislature passed the Costa-Hawkins Rental Housing Act back in 1995. It was aimed at cities with rent control—including San Francisco, Berkeley, Oakland, and East Palo Alto–and its intention was to help out landlords.
Short-Term Rental Greed?
Over $1 million in Fines for Housing Violations
San Francisco residential hotel managers will pay $1.1 million in fines and will fix up their properties in a recent settlement with the City of San Francisco, according to SFGATE. This is based on a lawsuit filed by the City of San Francisco that alleged many housing code violations.
First Rent Control Law After 30 Years
Tenants’ rights will be expanded in the city of Richmond after the first new rent control law in California in 30 years passed there last week. Richmond will join San Francisco, Berkeley, and Oakland in rent-controlled cities in the Bay Area.
Know Your Tenant’s Rights
Another part of your tenant’s rights in California includes the implied covenant of quiet enjoyment. “Implied” means even if the covenant is not explicitly stated in the lease, it still exists. So what is this covenant?
Airbnb’s Impact on Long-Term Tenants
Is Airbnb good for your tenant’s rights?
As much as 350 units might be kept out of the rental market because of Airbnb, according to an in-depth study by the San Francisco Chronicle. An analysis of Airbnb’s advertised data by the news organization suggested that these units were used as full-time vacation rentals instead of being rented to potential long-term tenants.
Latest from the Berkeley Balcony Collapse
Who is responsible if you suffer injuries from a housing violation or construction defect?
The appalling deaths of six people and injuries to seven others in Berkeley due to a defective balcony received national attention. According to Stanford law professor Robert Weisberg, as quoted in the July 4, 2014 Contra Costa Times, prosecutors could bring charges against the contractor of the building, Segue Construction, as well as the subcontractors, developer, owner, management company, and even the City of Berkeley.
Withhold the Rent?
Should you withhold paying rent if your apartment has housing violations?
Last week I wrote about the landmark decision by the California Supreme Court. The opinion in Green v. Superior Court stated the landlord has a duty to provide a habitable apartment. Another crucial question in the case was whether the tenant had the right to withhold rent if the apartment is not habitable.
Housing Violations, the Law, and You
A decision by the California Supreme Court back in 1974, almost 40 years ago, impacts you as a tenant today.
It was the landmark decision in Green v. Superior Court that stated the landlord had a duty to maintain dwellings in a habitable condition without housing violations.
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Mary Catherine Wiederhold
Real Estate Attorney
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San Francisco, CA 94109
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