Real Estate Law Blog
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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, […]
Illegal short-term rentals
Your landlord rents your next door apartment to strangers for short-term rentals. You notice that about every 10 days, a stranger appears at the door of the apartment and picks up the morning paper. You suspect this type of short term rental is not allowed under the San Francisco Rent Ordinance, but you are not […]
Bad faith owner move-in?
You are a long-term San Francisco tenant of at least 10 years. You live in a building built before 1979. Then you receive a 60 day termination of tenancy from your landlord that she wants to move into your home and you have to leave. Most landlord owner move-in notices state: “This notice is given […]
The beginning of the end of Rent Control or not?
Death by a thousand cuts describes a form of torture. One or two cuts would not hurt. However, after many or a thousand cuts, the injuries can cause death. The court of appeals recently denied decrease in services petitions for two Santa Monica tenants. This decision might be another decrease in the effectiveness of rent […]
The San Francisco Rent Ordinance and fire
The San Francisco Rent Ordinance provides for relocation payments in the event of an owner move-in or if the landlord wants to do capital improvements in your home. Unfortunately, the Rent Ordinance does not entitle tenants to relocation payments in the event of a fire. However, if your San Francisco home is under rent control, […]
Rental agreement changes and your landlord
Effective February 1, 2012, rules issued by the San Francisco Rent Board will change to better protect tenants against landlords unilaterally changing the terms of the lease. Currently, a landlord may change the terms of a tenant’s lease by merely sending the tenant new lease terms. The proposed Rules and Regulations section 12.20 states a […]
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Mary Catherine Wiederhold
Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109
(415) 533-0735
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