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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...

Demurrer and Answer

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 protected 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 Three Day Notice (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...

Before you file that Rent Board Complaint – Think Again!

The Rent Board is a great resource for answering questions related to your tenancy.  The purview of the Rent Board is to provide information regarding your tenancy and to also adjudicate some landlord tenant disputes.  The problem is that if you later file a lawsuit, what was said or done at the Rent Board could damage your case for damages.  We have been through many lawsuits where the landlord argues that the tenants have already been compensated for their damages as a result of a rent reduction and then successfully moves to exclude a lot of key evidence.  The difficulty is that the Rent Board does not address emotional distress damages and the typical rent reduction is minimal with respect to the amount of damages one can recover in a lawsuit.  At a minimum before filing a Rent Board complaint you should talk with the Hooshmand Law Group concerning whether a complaint should be filed and what it should...
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