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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...

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...

Unlawful Detainer Lawsuit

Unlawful detainer lawsuits are meant mainly to obtain possession of an apartment.  Landlords typically utilize this procedure in an attempt to quickly regain possession.  To utilize this process, landlords must strictly comply with the rules and regulations.  This includes proper notice requirements of any lease violations before service of the 3 Day Notice.  It is important to note that if you answer an unlawful detainer lawsuit without pointing out these deficiencies you may waive these...

Tenants: Talk to an Attorney Before Vacating Your Apartment

In a time when rents are skyrocketing, landlords are trying to replace long term rent controlled tenants with new higher paying tenants.  They try threats, intimidation and other tactics including small buy out offers.  Before considering next steps talk with an attorney who can assist you in reviewing your options.  There are many capable attorneys in the Bay Area, including the attorneys at the Hooshmand Law Group, who can assist you.  Thankfully there are very strong protections for tenants’ rights even if you have already vacated as a result of the landlord’s actions.  It is imperative that if you are facing any sort of threat, in receipt of a 3 day notice, or in the midst of a lawsuit that you contact an attorney...

Attorneys Fees are the Exception, Not the Rule

Whether you are suing or being sued, it is important to have a frank discussion with your attorney about the cost of the lawsuit. Even if you are being sued frivolously, there is no guarantee of recovery of your attorneys fees. You have a better shot at recovering costs, but costs are minimal compared to attorneys fees. The American Rule is that each side bears their own fees unless there is a statute or contract that provides for fees to the prevailing party. And even with a statute or contract that provide for fees, many cases are left to the judge’s discretion. There are techniques to increasing the possibility of recovery and it is important you talk with your attorney about those...
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