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California law, courts, and history have consistently promoted that real property be freely and completely transferable. However, it is not uncommon for disputes to arise where one party alleges that an owner cannot transfer real property because the alleging party...
Many San Francisco property owners are rightfully concerned when City agencies contact them about potential violations at their property. The enforcement process is confusing, and many enforcement notices threaten monetary penalties (or worse). Enforcement actions are...
With relatively little fanfare, two years ago the Board of Supervisors adopted strict new rules to regulate ‘Intermediate Length Occupancy’ (ILO) units. An ILO unit is defined as a dwelling unit that is rented for more than 30 days but less than one year. Tapping...
“Eviction” is a civil remedy to restore real property to a person with the actual right of possession. “Unlawful detainers” are a unique type of civil lawsuit, which take their name from a set of statutes – called the “unlawful detainer statues” – which California...
No doubt the last two years of moratoriums, eviction rules, required disclosures, declarations of Covid-19 related financial distress, and applications for rental assistance have our heads spinning. As a result, we find ourselves wondering when will the old way of...
Who hasn’t heard a horror story concerning an HOA Board of Directors abusing its powers? If you are facing a similar situation, don’t panic; the law addresses this issue and allows homeowners to remove an entire Board of Directors. Introduction A Homeowners’...
For over 100 years in California, when tenants fail to timely pay rent or otherwise breach lease obligations, landlords have been entitled to bring legal actions for possession of rental units (an “unlawful detainer”), after first serving tenants with a three-day...
The California Legislature passed Senate Bill 8 (“SB 8”) in 2021, which was intended to add further protections to California’s Planning and Zoning laws to increase the supply of housing. While SB 8 accomplished that by clarifying and strengthening various provisions...
A decision by the California Supreme Court in 1974 established that all rental agreements in the state include an implied warranty of habitability. This implied warranty binds anyone who rents or leases their property, regardless the explicit language within any...
California’s Housing Accountability Act (Government Code section 65589.5) requires local governments to approve code-compliant housing development projects. If a city denies a housing development project without making specific findings of an unmitigable “public...
