Real Estate Law Blog
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The slow evolution of lawsuits against landlords
One of the most vexing issues in representing tenants is the lack of being able to file an affirmative lawsuit against a landlord. In Action Apartment Association, Inc. v. City of Santa Monica (2007) 41 Cal. 4th 1232, the California Supreme Court held that a tenant could not file an affirmative lawsuit against the landlord […]
Fire and your wrongful eviction
A fire happens in your building. You get out all right, but your home and all your personal property is damaged. What happens next? The San Francisco Rent Ordinance mandates that the landlord allow a tenant to reoccupy her home after repairs have been made. Unfortunately, it does not allow for payments from the landlord […]
What is a public nuisance?
Recently, a San Francisco landlord who owns multiple properties was sued by the City Attorney’s office. What makes this case interesting is that City Attorney Dennis Herrera sued the landlord under a public nuisance legal theory. A nuisance is considered a public nuisance if it affects an entire community, neighborhood or a large number of […]
The Ellis Act and retaliatory eviction defense
The Ellis Act gives a landlord the absolute right to go out of the rental business. The landlord has the right to evict tenants on the basis that the building is being permanently withdrawn from the rental market. A tenant can possibly defeat an Ellis Act eviction by asserting a retaliatory eviction defense. However, the […]
Owner Move-In and Wrongful Eviction
You, a long-term low-rent tenant, receive notice your landlord wants to move in to your home within 60 days. You move out. However, it looks like the landlord did not move in because her car is never there, and other people are living in your former home. It appears you have been wrongfully evicted. With […]
Constructive Eviction and Tenants
There are many ways that a landlord can constructively evict a tenant. One way is for the landlord to commit a ”material breach” of the lease. Under California law, a landlord is required to provide basics in a rented apartment like security, heat and water in exchange for rent. If the landlord substantially fails to […]
Why landlords can ask for a deposit
Few issues give tenants heartburn like a new landlord asking for a large deposit check. What is a deposit and why do landlords get to ask for so much? A deposit is defined under the law as any payment, fee, deposit or charge that is imposed at the beginning of the tenancy to be used […]
Pay your rent
Most renters know they need to pay their rent every month. But when should you pay your rent? Usually, in most leases, it states that rent needs to be paid on the first of every month. It might state you have a ‘grace period’ to pay. This means that if you mail your rent to […]
The Rent Ordinance and prohibitions against subletting in your rental agreement
The San Francisco Rent Ordinance Rules and Regulations contain a section regarding a clause in a rental contract against subletting. If your lease contains such a clause, it is still possible to sublet. Nevertheless, some rules must be followed. For agreements made after 1998, the violation of a prohibition against subletting can be a ground […]
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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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