landlord/tenant lawyer in San Francisco

Uninhabitable Conditions and Constructive Eviction in California

December 28, 2018 | Gregory J. Brod

California law guarantees tenants habitable conditions when they rent or lease from a landlord. It is possible, due to the conditions of the rented unit, that a tenant will determine he or she simply can not live there anymore and vacate the unit. What rights does the tenant have if this occurs?

Guarantee of Habitability

California law guarantees that a landlord only rents or leases units that are considered habitable. This simply means that the dwelling is fit for a person to live there. However, the law is quite specific as to what it means for a dwelling to be considered “habitable.” California Civil Code requires that landlords must ensure that certain conditions exist before leasing a unit to a tenant including:

What to do if You Detect Toxic Mold in Your Apartment

November 28, 2018 | Gregory J. Brod

Everyone wants the assurance that their home is their safe place, but unfortunately this is not always the case. Sometimes, landlords can be lazy and fail to perform regular toxic mold inspections or remediation, and tenants may not notice until they start to exhibit symptoms. If you believe you are living with toxic mold in your apartment, follow the steps below and contact the toxic mold attorneys at Brod Law Firm to learn more about your rights and options.

California Laws Regarding Toxic Mold

While federal law regulates the disclosure and prevention of lead paint, it makes no mention of toxic mold. California law requires landlords to disclose the presence of toxic mold in a residence building, when the level of mold exceeds a safe level, to tenants but does not provide any rules or guidelines for preventing or clearing out toxic mold.

What Every San Francisco Tenant Needs to Know About Toxic Mold

August 31, 2018 | Gregory J. Brod

Everyone likes to believe that his or her home is the safest place, but many people unknowingly live in mold-infested environments that are far from safe. While not all mold poses a threat to your health, toxic mold can result in neurological damage, and at worst, death. If you have been harmed by living in an apartment in San Francisco that is infested with toxic mold, you have the right to sue your landlord for compensation. Contact an experienced toxic mold lawyer today to learn more about your rights and your options for recourse.

What is Toxic Mold?

Toxic mold refers to a specific type of mold that releases mycotoxins, such as Stachybotrys, that can pose serious health risk to humans and animals. It is also known as “black mold” or Stachybotrys, after the scientific term for a specific type of toxin released in toxic mold.

Bed Bugs can Mean Big Bucks in California Habitability Lawsuits

June 7, 2018 | Gregory J. Brod

Why are people so afraid of bed bugs? Unlike mosquitoes, bed bugs cannot transmit malaria. Unlike termites, bed bugs cannot destroy the wooden structures in your house. Unlike bees, bed bugs do not transmit deadly venom. Despite the dangers they do not pose, bed bugs are among the most troublesome pests found in the United States. Eradicating them from your apartment and possessions and preventing future infestations can be a herculean task, but in rental properties in California, it is a landlord’s legal obligation to deal appropriately with bed bug infestations. If you are renting a residential property, and your landlord has failed to take adequate measures to remove the bed bugs, despite your repeated requests, consult an attorney who works with landlord-tenant law cases related to habitability.

Recent Bed Bug Lawsuits in California

In the past year, courts in the State of California have issued several rulings in favor of tenants who complained of bed bug infestations in their rented apartments and houses. Here are some recent California cases involving bed bugs.

California Tenant Rights Advocates May Attempt to Repeal Costa-Hawkins Rental Housing Act in November

May 11, 2018 | Gregory J. Brod

As rents in certain areas of the country skyrocket, more and more tenants are asking why there is not some – or a better – form of rent control. As of right now, most landlords can increase the rent as much as they like as long as they give proper notice. One of the reasons for this in California is the Costa-Hawkins Rental Housing Act, which was passed in 1995. The Act imposes limits on the kind of rent control policies cities can adopt. However, a measure to repeal the Act may be headed to the next November ballot in California.

The Costa-Hawkins Rental Housing Act

There are a few significant provisions with the Act that many tenants believe are harmful in today’s real estate market. The Act bans cities from using rent caps on any unit built after February 1995. This a majority of apartments in California’s major cities cannot be rent controlled. All of the new development going up in cities like San Francisco can have exceedingly high rents and there is little local governments can do about it.

A Tenant’s Right to Privacy

September 22, 2017 | Gregory J. Brod

There are certain rights you take for granted until someone else violates them. One of these is your right to privacy. As an individual, you are entitled to privacy from others. This is a social norm. As a resident of the U.S., you are entitled to a great deal of privacy from law enforcement and the government. As a tenant, you have the right to privacy from your landlord. When you are within your unit, you have a right to decide who comes and goes, who knows what is going on inside, and so forth, with only a few exceptions. Your landlord may have the right to come into your apartment and inspect the premises, but only in a certain way and at certain times.

If your landlord is constantly stopping by or letting him or herself into your unit without your permission or appropriate notice, call our California tenant rights attorneys at Brod Law Firm right away.

Your Right to Privacy in Your Rental Unit

San Francisco Discovers Dozens Living in Basement of Laundromat

August 23, 2017 | Gregory J. Brod

In January of 2017, San Francisco authorities discovered that there were 20 to 26 people living in squalid and unsafe conditions in the basement of The Clean Wash Center on Mission Street. The basement had been home to dozens of people, ranging in age from 12 to 72 years old, for more than a decade and was known as 5 Persia Avenue – a made up address. Some of the tenants are undocumented immigrants and many do not speak English well. Despite the poor conditions, they were charged up to $1,000 per month for a small room.

This is an extreme example of the illegal and unsafe conditions many tenants are forced to endure throughout San Francisco, particularly immigrants who may be unaware of their rights or face a language barrier when searching for accommodations. However, tenants have numerous rights based on federal, state, and local law. If you or someone you know is living in substandard conditions, contact the local authorities or call a San Francisco tenants’ rights attorney from Brod Law Firm to learn about your options.

Illegal Basement Units Went Unfound for Years

California Residential Lease Terms and Provisions You Need to Understand

July 31, 2017 | Gregory J. Brod

Whether you are a first-time renter or are suddenly having trouble with your landlord, you need to make sure you have read and fully understand your lease. Your lease dictates most of the terms of your agreement. Some other aspects of your rental situation are dictated by state law. If you are looking to rent a place or feel you are being treated unfairly by your current landlord, then go to your lease first.

Some California lease provisions you must understand include:

Security deposit provisions: There could be one or more lease provisions regarding your security deposit. There should be information regarding about the amount, whether it will accrue interest, and when it can be withheld. This is also where state and local law comes in. You should carefully review what the lease says about security deposits and then compare it to your local law. Many city or county ordinances require that your deposit be kept in an interest bearing account and that you receive that interest each year.

Tenants’ Rights and Limitations Regarding Airbnb

July 19, 2017 | Gregory J. Brod

San Francisco is a popular place. People from all of the U.S. and the world flock there for the food, culture, and beautiful views. As a tenant with some extra space in San Francisco, you may consider renting out a bed, couch, or floor space on Airbnb or other similar website. You might figure you will give a traveler a homey and reasonably-priced place to stay while also helping yourself pay your considerable monthly rent. However, as a tenant in San Francisco, your right to rent out space in your unit may be limited. You need to be sure to follow state and local laws to ensure you do not get into trouble with your landlord.

San Francisco’s Airbnb Laws

The City of San Francisco specifically allows short-term rentals. This means that, in general, you may be entitled to rent out extra space on Airbnb or similar sites. However, while it is allowed, it is also regulated. You need to know your rights and responsibilities before hosting your space online.

California Security Deposit Laws

July 12, 2017 | Gregory J. Brod

Whether you are a new or experienced renter, you may not be clear on all of California’s laws regarding security deposits. You may have a gut feeling regarding what your landlord can and cannot do in regard to the deposit, but you may not be sure enough to speak up or enforce your rights. Your gut feeling may also not line up with state and local law. If you are a California tenant, be sure you understand your and your landlord’s rights in regard to security deposits.

What is a Security Deposit?

A security deposit is an upfront fee tenants pay to landlords in the case of non-payment or property damage caused by tenants or their guests. It is not rent. Under California law, landlords are entitled to ask for a security deposit upon move in and to use the deposit in the future for: