Tobener Ravenscroft

Evictions Articles

New 2017 Tenant Laws

2017 ushered in a host of state and local laws that affect your legals rights as a tenant: New State Tenant Laws The California legislature enacted several laws protecting tenants, including creating new laws related to bed bugs, regulating condominium pesticide treatment notices and procedures, and augmenting rules pertaining to public accessibility of court records in unlawful detainer proceedings. AB-551 – “Bed Bug Law” (Effective 1/1/17) This law establishes a landlord’s duty to ensure prompt treatment and control of bed bugs.… Read More »

Mountain View Tenant Relocation Assistance Program

Does the City of Mountain View require landlords to provide relocation assistance? Tenants living in buildings with four or more units who are displaced by demolition, remodel, redevelopment, condominium conversion, or change of use are entitled to relocation.[1] Who is eligible for relocation assistance in the City of Mountain View? A residential household is eligible for relocation assistance if the household’s annual income does not exceed 80% of the median average household income for Santa Clara County, adjusted for household… Read More »

Aging in Place

Few decisions are as important and personal as choosing your home. As we grow older, where we choose to live takes on an even greater level of importance and complexity. As Americans continue to live longer, more seniors are choosing to remain in their homes. According to AARP, ninety percent of seniors want to age in place. This is not surprising. Not only does aging in place allow for independence and closer contact with family and friends, it is also… Read More »

San Francisco Ellis Act Evictions

Ellis Evictions Under the San Francisco Rent Ordinance The Ellis Act allows a landlord to take a building off the rental market. See Cal. Gov’t Code § 7060. All units in the building are removed from the rental market, even units without tenants. The rental restrictions are on current and all subsequent owners. The landlord must record the restrictions with the Assessor-Recorder. Ellis Act Rental Restrictions For ten years after the Ellis, a unit will have rental restrictions.  Id.  The… Read More »

Sexual Harassment

Landlord Sexual Harassment Under California law, a tenant can recover against a landlord for sexual harassment under the Fair Employment and Housing Act or the Unruh Civil Rights Act.  Brown v. Smith, 55 Cal. App. 4th 767 (1997) and Civil Code § 51 et seq. Unruh Civil Rights Act To prove a claim for sexual harassment under the Unruh Civil Rights Act, a tenant must show that (1) the landlord made “sexual advances, solicitations, sexual requests, demands for sexual compliance by… Read More »

Proving Bad Faith OMI

Researching Your Landlord — Proving Bad Faith in an Owner Move-In Eviction or Capital Improvements Eviction (OMI is also sometimes referred to as relative move-in, OMI, LMI, or landlord move-in eviction) The best way to fight an Owner Move-In Eviction is to find out everything you can about the owner and the owner’s relatives, if applicable.  It is important to keep in mind that it may not be in your best interest to tell the landlord about information you gather. … Read More »

San Francisco Just Cause Eviction

Eviction Protection in San Francisco If your apartment building was built before 1979 and has two or more units, then you are covered by the San Francisco Rent Ordinance.  The Rent Ordinance gives two protections:  rent protection and eviction protection.  Under the eviction protection portion of the Rent Ordinance, the landlord can only evict for one of 15 reasons – called just causes.  The landlord cannot evict without a just cause.  They cannot lock you out or throw your stuff… Read More »

Foreclosures

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 ordinance. You likely are. In San Francisco, most rental units built before 1979 in San Francisco have eviction protection. This includes single family homes, live-work… Read More »

Owner Move-In Evictions

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 25% interest in the building and Intends in “good faith” to live in the unit for at least 3 years (barring an emergency) An owner… Read More »

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