Real Estate Law Blog
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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 […]
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 […]
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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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