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Don’t Get a Buyout from Your Landlord: Part 1
As an attorney, I’ve learned not to say “never.” There’s always exceptions.
Still, never accepting a buyout is a good rule of thumb.
A buyout is when your landlord offers you cash in exchange for you vacating your home. When landlord waves thousands of dollars in your face, it’s hard to think clearly. After all, that kind of thing doesn’t happen every day.
The Case of the Complicated Agreement
The law can be complicated. That’s why I suggest tenants reconsider representing themselves in disagreements with the landlord.
A recent case, Sayta v. Chu, was heard by the Court of Appeal here in San Francisco. It’s a notable case to post about in this blog because it demonstrates how complicated the law can be.
Introducing My New Associate
I’m pleased to introduce my new associate, Courtney Brown.
Courtney Brown graduated from the University of Wisconsin with a Bachelor of Arts degree in Economics.
At the Golden Gate University School of Law, she served as Editor-in-Chief of the Law Review. Courtney won numerous academic awards for her achievements in writing, research, and evidence.
The Case of the Locked-Out Tenant Who Hired an Attorney
This case is about a tenant who fought a bad landlord and the hard-working attorney she hired. Based on the antics of the landlord, the court eventually awarded the tenant a considerable amount to money.
The court even labelled the landlord as “vexatious.” In law, it means that the court categorized the landlord as a party who brings actions purely to cause annoyance.
A Lesson about Rent Control from Santa Rosa
I heard a rumor two weeks ago that a number of 60-day notices to raise rents went out to Santa Rosa tenants even while the wildfires were still burning.
Santa Rosa has no rent control. Santa Rosa’s City Council had passed a rent and eviction control ordinance in August of 2016, but according to The San Francisco Chronicle, the California Apartment Association and its allies collected enough signatures to force the City Council to rescind the ordinance or send it to voters. Residents voted against it in a special election held this past June.
Preserving Your Tenant’s Right to a Jury Trial
If you’re a tenant involved in an eviction action, you’ll probably want a jury trial.
As I wrote in an earlier post, “Your Right to a Jury Trial,” jury members may be tenants themselves and can be more attuned to the difficulties of being a tenant.
But you can’t take this tenant right for granted. In an unlawful detainer (eviction) case in Los Angeles County, a superior court judge ruled, based on the wording of the California Civil Code, that the tenants could not get a jury trial.
How I Handle Lawsuits with Many Tenants
I represent individual tenants, but I also represent multiple tenants who are suing a landlord. These types of cases can be complex due the number of tenants.
Below is an article I wrote that was published in the San Francisco Attorney Magazine: Fall 2017. It gives an in-depth look at how I handle these complex cases with many tenants as plaintiffs.
City Files Lawsuit Against “Firetrap”
The City of San Francisco is aiming at a landlord who rented an illegal basement space to 20 tenants that the San Francisco Fire Department alleges had many fire code violations.
City Attorney Dennis Herrera stated on August 22 that the City filed a lawsuit against the landlord and others who rented the basement in an Outer Mission building known for the Clean Wash Center Laundromat located on 4680 Mission Street.
The Case of the Master Tenant Who Acted Like a Landlord
I follow court opinions in order to keep current with changes in the interpretation of landlord-tenant laws. I occasionally write about cases that are important to tenants in this blog.
This case, which I call “The Case of the Master Tenant Who Acted Like a Landlord,” is significant because it shows the number of ways the relationship between a landlord, master tenant, and subtenants can go awry.
It’s also a good in-depth look at how tenants handle the high rent in San Francisco and the rest of the Bay Area. The details below are specific to this case, but on the whole there are similarities to others across the Bay Area.
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Mary Catherine Wiederhold
Real Estate Attorney
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San Francisco, CA 94109
(415) 533-0735
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