Real Estate Law Blog
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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.
A Case about Evictions and Short-Term Rentals
A significant case prosecuted by the San Francisco City Attorney settled in early May, with the landlords being forced to pay $276,000.
A Family Member Stays in His Home
In late April, the California Supreme Court rejected reviewing an appeal by the landlord over whether a family member, who had remained in his rent-controlled home after the signers of the lease had moved out, was considered an original occupant.
Short Term Rentals and Evictions
There’s been a significant change in the rules for short-term rentals in the past few months, which will have an impact on some tenants.
Your Eviction: Going to Court
Your Eviction: Gathering Evidence
If you are being evicted and you have been served with an unlawful detainer lawsuit, gathering and presenting evidence is an important part of preparing to defend against your eviction. As I mentioned in my blog “What Happens After You’ve Been Served With an Unlawful Detainer?”, you have only 5 calendar days to respond after being […]
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Mary Catherine Wiederhold
Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109
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