Real Estate Law Blog
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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. […]
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 […]
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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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