Real Estate Law Blog
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What is Costa-Hawkins and how does it affect you
A state law known as the Costa-Hawkins Act allows a landlord, whose rental property would otherwise be subject to local rent control laws, to increase the rent without legal limit if one of the tenants move out. With subtenants, Costa-Hawkins permits a landlord to change the rent to market rate for a sublessee if the […]
The Ellis Act and your housing
California law permits a landlord to go out of business and remove her rental units from the rental market. This law is known as the Ellis Act. The law was passed by the California Legislature after the California Supreme Court held that landlords could not go out of the rental business if they retained the […]
Arbitration clause in your rental agreement
California law seems to prohibit rental agreements from compelling mandatory arbitration of disputes. However, there is a conflict between two laws that the courts have not yet resolved. California Civil Code section 1953 states “any provisions of a lease or rental agreement that of a dwelling by which the lessee (the tenant) agrees to modify […]
What is Repair and Deduct?
California law allows a residential tenant to make repairs and then deduct the cost from her monthly rent. This is commonly known as repair and deduct. However, certain procedures must be followed before this action can be taken. For example, the tenant must give the landlord notice of the problems to be repaired. The law […]
San Francisco Rent Ordinance section 6.14 and how can affect you
In San Francisco, a person who originally signs a lease with the landlord is usually called the original occupant or master tenant. Sometimes, the master tenant has subtenants, who might be accepted as authorized tenants by the landlord. According to the Rent Ordinance, when the original occupant no longer lives in the apartment, the landlord […]
A Section 8 housing tenant can only be evicted for ‘good cause’
There was a recent court decision concerning Section 8 housing. A tenant rented a house and received federal Section 8 Housing Assistance Payments. The rental was also located in Los Angeles which has a local rent ordinance. The tenant began renting the home in 2003 and lived there without any rent problems for seven years. […]
Federal law might control California evictions
Last month, a Los Angeles Superior Court judge ruled that a mortgage company cannot evict a tenant in a home that had been foreclosed. As the new owner the mortgage company failed to give the tenant a 90-day notice to pay rent or move out under a federal law. As a result the judge granted […]
Covenant of Quiet Enjoyment and your lease
In California, every rental agreement contains the implied covenant of quiet enjoyment. ‘Implied’ means even if the covenant is not explicitedly stated in the lease it still exists. This covenant means that landlord cannot do two things. The landlord cannot lease the tenant’s unit to someone else. The landlord also cannot physically interfere with the […]
Why you should buy renters insurance
As a renter, you probably believe you do not need renters insurance. After all, your landlord has building insurance. You are wrong. A landlord’s property insurance does not usually cover tenant’s personal property. If there is a fire, theft or broken water pipe your landlord’s insurance will pay to rebuild and remodel the property. However, […]
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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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