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San Francisco Tenant SRO’s

San Francisco Tenant SRO’s A single room occupancy (more commonly called SRO) is a multiple-tenant building that houses one or two people in individual rooms (sometimes two rooms, or two rooms with a bathroom or half bathroom), or to the single room dwelling itself. SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms, or half-baths. Although many are former hotels, SROs are primarily rented as a permanent...

San Francisco Anti Harassment Proposition M

San Francisco Anti Harassment Proposition M (a) No landlord, and no agent, contractor, subcontractor or employee of the landlord shall do any of the following in bad faith or with ulterior motive or without honest intent: 1. Interrupt, terminate or fail to provide housing services required by contract or by State, County or local housing, health or safety laws; 2. Fail to perform repairs and maintenance required by contract or by State, County or local housing, health or safety laws; 3. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts; 4. Abuse the landlord’s right of access into a rental housing unit as that right is provided by law; 5. Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion; 6. Attempt to coerce the tenant to vacate with offer(s) of payments to vacate which are accompanied with threats or intimidation; 7. Continue to offer payments to vacate after tenant has notified the landlord in writing that they no longer wish to receive further offers of payments to vacate; 8. Threaten the tenant, by word or gesture, with physical harm; 9. Violate any law which prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child; 10. Interfere with a tenants right...

Bay Area Unlawful Detainer Lawsuits

Bay Area Unlawful Detainer Lawsuits An unlawful detainer action is a specific type of lawsuit which mainly addresses the issue of possession i.e. the right to occupy the apartment. The landlord files this type of action in order to recover possession of the apartment. The San Francisco Rent Ordinance only allows evictions in certain instances so long as the unit is a maprotected unit. Trials are set in these matters within a very short period of time so it is imperative that all protections are afforded. To begin the unlawful detainer process, a landlord must properly serve a 3 Day Notice. The form of the 3 Day Notice must follow strict guidelines or else it can be challenged. Without a valid 3 Day Notice the entire unlawful detainer may be dismissed. Should an answer be filed without challenging the 3 Day Notice, certain defects may be waived. It is imperative that you consult an attorney who has knowledge of these proceedings in order to afford you of all of your options when responding to an unlawful detainer...

Bay Area Tenant Evictions and 3-Day Notices

Bay Area Tenant Evictions and 3-Day Notices 3-Day Notices are usually the first step in an unlawful detainer proceeding. The landlord can also issue a 30 day notice of 60 day notice which will be discussed separately. When you receive a 3 day notice it is imperative that you contact an attorney to assist in determining what to do next. Some 3 Day Notices are for correctable items and some are for items that cannot be corrected such as nuisances. 3 Day notices must be strictly prepared and served. But if you do not take certain steps, you could waive any defects in the notice or...

Illegal Units

If you have rented or rent an illegal unit contact us to recover damages. Depending on where you are and the facts and circumstances surrounding your rental you may not have to pay rent if you rent an illegal unit. An illegal unit is not the same as a unit that has problems with heat or mold or other issues but is generally one that was constructed without permits from the city. The San Francisco Rent Board, a great reference for any landlord tenant issue, identifies the following regarding illegal units. Topic No. 253: Renting an Illegal Unit A rental unit that is not a legal unit with the City is nevertheless subject to the Rent Ordinance unless exempt for another reason. To determine if a unit is legal, you will need to review the relevant public records at the Department of Building Inspection. Tenants in illegal units who contact the Department of Building Inspection to report code violations should be aware that the inspector might cite the owner for having an illegal unit. In such cases, this means that the unit may have to be demolished or removed from residential use because it cannot be brought up to code requirements. Demolition or permanent removal of the unit from housing use is a “just cause” for eviction under the Rent Ordinance. However, the landlord must first obtain all necessary permits to remove the unit before an eviction notice can be given. The eviction notice must comply with the requirements of the Rent Ordinance as well as state...

Mold

Mold is a problem in many apartments. If you are bothered by mold, contact us. There are different types of mold and it is imperative you preserve a sample, take pictures of it, or even video record it, as it is possible we can use it as evidence for...

Just Cause Eviction

Tenants in the Bay Area cities of San Francisco, Oakland, and Berkeley have additional protections in the form of limitations on a landlord’s ability to evict. This means that a landlord can only evict for specific reasons the most common of which is the non-payment of rent. However, it is imperative that if you believe the landlord is retaliating against you for requesting repairs, or simply to increase your rent if you have lived in one place for a long time, that you contact attorneys dedicated to defending you against an eviction or unlawful detainer...

Retaliatory Eviction Defense – CC 1942.4. CC 1942.5

Retaliatory eviction is where a landlord takes actions against a tenant for requesting repairs, complaining to the Department of Building and Inspection, or taking other actions to stand for your rights. The California legislature has provided for protections should a landlord retaliate and a landlord’s actions are presumed retaliatory if they begin within 6 months of the particular...

Summary Judgment – Unlawful Detainer

Summary Judgment is an essential tool to dispose of a lawsuit without the expense and risk of a trial. The motion can challenge the 3 Day Notice, the unlawful detainer complaint, or other deficiencies in the process. There is an associated cost for preparing a summary judgment motion but it could save the cost of trial and having to undo a potentially adverse...
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