Real Estate Law Blog
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What happens at the start of your trial for unlawful detainer (eviction)?
On the day set for trial, the judge will tell you your case has been assigned to a courtroom. You will be told to report to that courtroom immediately. What is going to happen at the trial? The judge to whom you have been assigned will usually tell you the rules of her courtroom. For […]
What happens after there is a Breach of the Warranty of Habitability?
All residential leases in California have an implied warranty of habitability. But what can the tenant do if the implied warranty of habitability is breached by the landlord? A tenant can plead breach of the warranty of habitability as a defense to an unlawful detainer (eviction) action. However, this defense is only available in a […]
What is the Warranty of Habitability?
All residential leases in California have an implied warranty of habitability. This means that the landlord must do necessary maintenance to the apartment throughout the period of the lease and ensure it is “tenantable.” Before 1974, tenants were viewed as acquiring a property interest in the apartment they rented. Therefore, they were responsible for maintaining […]
What is Common Law Retaliation?
Common law retaliation is any action taken by a landlord against a tenant that is not codified as retaliatory under California statutory law. For example, if a landlord serves the tenant with a three-day notice to quit within 180 days after the landlord has been notified of housing code violations by the Department of Building […]
What is Statutory Retaliatory Eviction?
There are two types of retaliation eviction. The first kind is known as statutory retaliation and the second is common law retaliation. The landlord has burden of proving the basis for the eviction, e. g., nuisance. What happens if the landlord’s alleged reason for eviction is not legitimate? If the tenant can show a legal […]
Why hire a lawyer if you are facing an unlawful detainer (eviction) action?
You receive a three-day notice to quit or cure for nuisance. You believe you fixed the problem, but the landlord still has you served with legal papers. Should you hire a lawyer? And if so, why? The answer is you probably should, especially if your landlord has an attorney. Hiring a lawyer levels the playing […]
What happens after an unlawful detainer (eviction) trial?
After an unlawful detainer trial where the jury renders a verdict for the landlord, the tenant has still some options to retain possession of her home. The jury verdict must be entered on a form as a judgement against the tenant and for the landlord. The judgement is then filed with the Superior Court. It […]
What happens at an unlawful detainer (eviction) trial?
The process of evicting a tenant is called an unlawful detainer. The Legislature enacted special statutes which make unlawful detainer actions different from other court cases. The statutes provide for a trial within a short period of time and limit the issues that can be raised at the trial. The steps to an unlawful detainer […]
What is ‘Reasonable Accommodation’?
A landlord cannot discriminate because of a disability. The landlord must make reasonable accommodations for his tenant. An apartment falls under the requirements of the federal Fair Housing Act. The Fair Housing Act does not require that a tenant’s request for a reasonable accommodation be made in a particular manner or at a particular time. […]
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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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