Causes of Action for Shut-Off Where a landlord shuts off or interrupts utilities intending to terminate occupancy, a tenant has causes of action against the landlord for (1) breach of contract, (2) negligence, (3) violation of statutory protections under Civil Code section 789.3, (4) wrongful eviction, and (5) violations of local rent control ordinance, where […] Read More
Foreclosure in Rent Control Versus Non-Rent Control Jurisdiction Tenant rights in foreclosure hinge on whether your unit is in a rent-controlled or non-rent-controlled jurisdiction. If you live in a property in Berkeley, Hayward, San Francisco, or Oakland, you need to first determine if you are covered by the eviction protection portion of your rent control […] Read More
Statute on Refunds Security deposit issues are governed by state law. Under Civil Code section 1950.5, a landlord may collect up to two month’s rent for deposits on unfurnished apartments and three months for furnished apartments. There is no such thing as a non-refundable security deposit. Any money paid over the amount of the first […] Read More
Know Your Rights in an Owner Move-In Eviction Owner Move-In Eviction is also often referred to as an OMI, Relative Move-In, LMI, or Landlord Move-In Eviction OMI Defined The San Francisco Rent Ordinance allows the owner of a building to evict all tenants from a single rental unit if: The owner has at least a […] Read More
Asbestos and the Warranty of Habitability Out of the many repair issues that can affect a tenant, one of the most dangerous is asbestos. Asbestos is a common building material found in older dwellings. It is found in ceilings, paint, insulation and a large number of other common products. When asbestos is airborne or friable, […] Read More
Negotiating a Buyout in an Owner Move-in, Ellis Eviction, Relative Move-in or Capital Improvement Eviction Researching Your Landlord Before you negotiate a buyout, you need to know everything about the owners/relatives seeking to occupy your unit. You must do your research. See Proving Bad Faith in an Owner Move-in Eviction. You are not ready to […] Read More
Landlord Negligence and Right to Return – Fire, Flood or Disaster If a landlord’s wrongful or negligent act causes a fire, a tenant may recover medical bills, moving costs, rent for a replacement apartment, and loss of property. See Civil Code § 1714. A tenant has two years to file a claim for damage or […] Read More