Real Estate Law Blog
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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.
Another Eviction Trick
Unlawful detainers are frequently used to evict tenants. Sometimes, a landlord will be tricky and serve you with a forcible detainer. What’s the difference?
Your Tenant’s Right to Habitability
What is the Implied Warranty of Habitability when you rent your home? What is the acceptable level of repair and maintenance? What is fair to you to protect your tenant’s rights?
Typically, certain repair and maintenance items are under the care of the landlord. California law and housing and building codes in San Francisco give you protection from living in substandard housing if you live in the city. When my clients are facing an eviction, we examine the maintenance and repair conditions of their home that should have been taken care of by the landlord. While your home might have been in good shape when you moved in, over time a landlord can become unconcerned with fixing the property. Or a new landlord might not be concerned at all.
Protecting Your Tenant’s Rights in a Fire
Suppose a catastrophe happened and your apartment building or rental house burned to the ground. Are you without any tenant’s rights?
Tenant’s Rights and Dog Bites
What happens if you are bitten by another tenant’s dog? Do you give up your tenant’s rights?
The other tenant is generally responsible when his or her dog bites you. Few tenants, however, have adequate insurance or other assets to pay you for your injuries. In an article I coauthored in Plaintiff Magazine, I explored another possible source of compensation, the landlord, who will often have insurance or adequate assets.
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Mary Catherine Wiederhold
Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109
(415) 533-0735
(415) 843-0496Our offices are conveniently accessible to public transportation.
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