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You Are a Landlord and Got Sued by Your Tenant – Now What?
September 5th, 2024
Contributor: Thomas J. O'Brien
You’re a California landlord. A good one. You own a nice building with good apartments. You provide housing for people who need it. You are attentive to your tenants. You make repairs when tenants notify you. You don’t raise the rent more than is…
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Categories: Landlord/Tenant Issues
Navigating the Implied Warranty of Habitability and Covenant of Quiet Enjoyment in San Francisco
August 12th, 2024
In San Francisco, every lease and rental agreement includes an implied warranty of habitability and a covenant of quiet enjoyment. As a landlord or property owner, understanding these concepts is crucial to maintaining positive tenant relationships a…
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Categories: Landlord/Tenant Issues
“Mediation Magic”: Judge David A. Garcia (R) Shares His Approach to Conflict Resolution*
August 6th, 2024
Contributor: Justin A. Goodman
Our housing providers hone best practices and find ways to mediate conflict. Still, it takes a degree of luck to stay out of litigation these days—a prospect made more daunting where insurance carriers are receding from our industry. Conflicts are…
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Creating a Tenancy-in-Common Property
July 10th, 2024
Tenancies-in-common (TICs) are among the most popular forms of shared property ownership in San Francisco. Following sweeping changes to condominium conversion rules over the last decade, which have discouraged (or outright banned) property owners fr…
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Categories: Real Estate Transactions
The Landlord Who Could Neither Exit Nor Remain in the Rental Business: The Hobson’s Choice of the Recent Barrington Plaza Case
June 18th, 2024
Contributor: Scott A. Freedman
California’s Ellis Act was enacted in 1985 to enable landlords who find themselves in financially or otherwise unmanageable situations to exit the rental business. It came about as a response to a particular Santa Monica landlord’s desire to demo…
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Flippers Will Need to Disclose Their Work Under a New California Law
May 25th, 2024
Contributor: Andrew R. Catterall
What is Included in the New California Law Starting July 1, 2024, some sellers of residential California property may be required to make additional disclosures if they flip property, or otherwise sell it on short order, after making repairs. Assembl…
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Density Bonus Law Gets an Extra Boost in 2024 Via AB1287
April 30th, 2024
Contributor: Emily L. Brough
California’s Density Bonus Law was originally enacted in 1989, but has gained traction in recent years as a result of California’s well known housing crisis. Generally speaking, the Density Bonus Law was enacted as an incentive to developers to b…
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Categories: Land Use, Permits and Appeals
She Came In Through The School Year Window – OMI Timing Constraints – Act Now!
April 8th, 2024
Contributor: Mark B. Chernev
The San Francisco Rent Ordinance allows certain owners the ability to recover tenant-occupied rental units for personal use, thereby terminating the tenancy of all occupants. However, there are significant limitations on how and when an owner can per…
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Categories: Landlord/Tenant Issues
Delinquent Owner: Can the Homeowners Association Foreclose?
March 21st, 2024
Contributor: Gael Bizel-Bizellot
The short answer is yes, but it depends on the amount owed and it requires compliance with a series of rules. Because Homeowners’ Associations (“HOAs”) depend upon the timely payment of owners’ assessments to function, courts recognize the ri…
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Categories: Real Estate Litigation
Concord Rent and Eviction Control: Measures with Potential Ripple Effects
March 14th, 2024
Last month, the Concord City Council passed its “Residential Tenant Protection Program” a highly debated rent control and “just cause” eviction ordinance that allows for greater renter protections. The effects of the ordinance will be felt by…
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Categories: Landlord/Tenant Issues