Real Estate Law Blog
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What to bring to your first meeting with an attorney
You have a dispute with your landlord. You have written letters but it has not been resolved. You made an appointment with a lawyer who concentrates in tenant matters. What do you do before the appointment?
When can you sue your landlord for not moving into your home?
What happens if your San Francisco landlord gives you a notice of an owner move-in, but then does not move into your home and live there in good faith for at least 36 months? You can sue your landlord for wrongful eviction, among other causes of action in San Francisco Superior Court.
What does the landlord have to prove in an eviction trial for nonpayment of rent?
The landlord must prove she owns the property, the landlord rented the apartment to the tenant, under the lease the tenant was supposed to pay a certain amount of money in rent, the landlord gave the tenant a three-day notice to pay the rent, at least the amount stated in the three-day notice was due […]
What is “reasonable diligence” of service of legal papers in an unlawful detainer?
California law states that service of a summons and complaint can be accomplished by posting the papers on the tenant’s property, usually the front door, and by mailing a certified copy to the tenant. The court of appeal recently decided a case regarding service of an unlawful detainer by ‘nailing and mailing.’ The tenant rented […]
You have a right to a jury trial in an unlawful detainer (eviction) even with a fee waiver
A recent Los Angeles case reaffirms that a person who files a demand for a jury trial in an unlawful detainer (eviction) action is entitled to a trial by jury even if that person filed a fee waiver. Elva Silva’s landlord filed an unlawful detainer against her. Ms. Silva filed her answer, a demand for […]
What is a forcible detainer?
Sometimes a landlord will file and serve her tenant a complaint for forcible detainer instead of an unlawful detainer. What is the difference? Forcible detainers are usually filed and served when the landlord is alleging that the tenant has stayed in her apartment without her permission. For example, if the tenant gives notice to the […]
Illegal or secondary units and you
You see a listing for an apartment on the Internet. There is only one electric meter and one water meter for the apartment and for the upstairs single family house. The apartment was built in the back of a garage. You take the apartment because the rent is ‘reasonable’ for San Francisco. The Asian Law […]
San Francisco Rent Ordinance Section 37.10B and Tenant Harrassment
San Francisco voters approved Proposition M in 2008. The measure amended the San Francisco Rent Ordinance to ban bad faith or “harassment” actions conducted by the landlord or their agents. The San Francisco Superior Court upheld the measure. Landlords appealed to the court of appeal which reversed part of the trial court’s ruling. Section 37.10B […]
Security Deposit: It’s Your Money!
You move out of your apartment after you give 30 days notice. However, you never receive your deposit. What can you do about it? Currently, not much. State Senator Mark Leno authored a bill sponsored by, among other groups, San Francisco’s Tenants Together, to put real teeth into a bill designed to make landlords think […]
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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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