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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...

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...

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...

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...

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...

San Francisco Tenants Union

Since 1971, the SF Tenants Union has been fighting for the rights of tenants and for the preservation of affordable housing in San Francisco. From the struggle for rent control in the 1970s to 1998’s Proposition G (to end the abuses of OMI evictions), the Tenants Union has been the city’s leading advocate for tenants.  For both members and non-members, the SFTU operates a drop in counseling clinic at 558 Capp Street (in the Mission District – cross street is 21st Street; Capp runs parallel to Mission St and is one block east of Mission). Counseling hours are available by calling 282-6622. The SF Tenants Union offers invaluable counseling to those facing evictions, unlawful detainers and tenant related issues.  For more information, check out San Francisco Tenants’ Union...
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