Real Estate Law Blog
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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 […]
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 […]
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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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