Marc Paul Branco’s Answers

Marc Paul Branco

San Francisco Landlord / Tenant Lawyer.

Contributor Level 8
  1. Living in an apartment for 20+ years without a lease; why does the landlord want one now?

    Answered about 3 years ago.

    1. Marc Paul Branco
    2. Frank Wei-Hong Chen
    3. Aaron Aleksandr Farmer
    3 lawyer answers

    I am a San Francisco Attorney. In essence it appears that you have an oral month-to-month tenancy agreement which is protected by Rent and Eviction control ordinances. Whether your lease is oral or written, your landlord must have "Good Cause" to evict you. One Good Cause to evict a tenant is when a tenant refuses to sign a new rental agreement which is substantially similar to the last agreement. The San Francisco Rent Ordinance states a landlord may evict a tenant: "....[W]ho had an...

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  2. Help! Tenant not paying rent claim property condition not livable and they try to seek for an attorney after I ask for rent.

    Answered about 1 year ago.

    1. Marc Paul Branco
    2. Aalok Sikand
    2 lawyer answers

    Look before you leap! You may want to think twice before you evict these tenants. If you evict for non-payment of rent and your tenants raise the affirmative defense of breach of the implied warranty of habitability and they win - you will be ordered to make repairs by the court and the tenant will be ordered to pay a reduction of rent to the court based on a percentage of the condition of the premises. For example a rental unit that does not contain a heater violates Cal. Civ. Code Section...

    2 lawyers agreed with this answer

  3. There is a guy living in my daughter's garage in Oakland. It was bank owned and we bought it in June. He will not leave.

    Answered almost 2 years ago.

    1. William Stanley Fitch
    2. Marc Paul Branco
    3. Michael David Devin
    3 lawyer answers

    In Oakland a rental unit is exempt from eviction control if there are three or fewer "rental units" on the property, and an owner of record lives on the property as her primary residence. It sounds like your daughter my want to claim this exemption from the just cause for eviction ordinance, and evict under a 30 or 60 day notice. Unlawful detainers in Oakland tend to be easier to manage if the tenant is exempt from eviction control.

    1 person marked this answer as helpful

  4. In California (San Francisco), I am the master tenant, may I evict my roommate or have courts have him stop harassesing me?

    Answered about 3 years ago.

    1. Marc Paul Branco
    1 lawyer answer

    I am a San Francisco Attorney who practices Landlord Tenant Law. Evicting a subtenant is possible but may be difficult depending on your situation. First you need to check to see if your rental unit falls under the San Francisco Rent Ordinance. If it does you will need to have "Good Cause" to evict your sub-tenant. Typically, a unit is exempt from "Good Cause" to evict if the Owner or Master/Tenant shares a kitchen or bathroom with the tenant/sub-tenant. However this exemption does not...

    1 person marked this answer as helpful

  5. Question about landlord holding part of my security deposit. Please read and suggest what can I do?

    Answered over 3 years ago.

    1. Marc Paul Branco
    1 lawyer answer

    Deductions for Rent Your landlord cannot charge you for rent for anything beyond January 31, 2011, unless you were living there after this date. Otherwise it is what can be considered bad faith retention of a security deposit, and you can sue your landlord for up to three times the amount of the security deposit. Deductions for Cleaning and Repairs As for repairs and cleaning, a landlord can charge up to $125 in cleaning without having to invoice work or supplies, anything deducted for...

    1 person marked this answer as helpful

  6. I just found out I am pregnant and my boyfriend is pressuring me to get an abortion.

    Answered over 3 years ago.

    1. Joseph Torri
    2. Marc Paul Branco
    2 lawyer answers

    I'm sorry to hear that your boyfriend is adding to the stress of your pregnancy. If there is a history of violence between the both of you, then it may have a negative affect on any future custody disputes. Should you or your boyfriend ever choose to seek a Domestic Violence Restraining Order and either of you are successful at doing so, it will create a rebuttable presumption that it IS NOT in the best interest of your child for the restrained party to have custody. This in turn will affect...

    1 person marked this answer as helpful

  7. Does my landlord have to replace the dishwasher?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Michael Robert Bracamontes
    3. Marc Paul Branco
    4 lawyer answers

    Both answers are correct to an extent. The landlord does not have to replace your dishwasher since it does not affect the habitability of your unit. However, removal of a dishwasher during a tenancy is a decrease in services, and is grounds to petition the Rent Board for a rent reduction (I've included a link to the proper petition below) Best of Luck.

  8. Can a landlord charge for house chores not done and for petty things like carpet shampoo, washing windows and doors?

    Answered over 3 years ago.

    1. Marc Paul Branco
    2. Frank Wei-Hong Chen
    2 lawyer answers

    A landlord need not itemize deductions from a security deposit if the total deductions for cleaning and repairs do not exceed $125. Anything over this amount must be itemized. Since the sum total for cleaning and repairs charged by your landlord exceeds this amount, then he must provide an itemized list of deductions with receipts. As for the addendum to your lease, it sounds like a liquidated damages clause (a clause that pre-determines damages in the event of a breach). Unless it was...

  9. The building i rent a unit in was put up for sale one month after i negoitated a yearly lease with the owner.what are my rights

    Answered over 3 years ago.

    1. Mitchell Reed Sussman
    2. Brad S Hindley
    3. Marc Paul Branco
    3 lawyer answers

    Under California law a landlord or his/her agent may enter a tenant's dwelling unit to show the unit to perspective purchasers. However a 24 hour notice is required and must state: -the date of entry; and -time of entry, and -the purpose of entry. There are special provisions for real estate agents allowing them to notify you of showings via telephone, and requiring them to leave physical evidence (such as a note or a business card) that they were in your home. Failure to abide by...

  10. Do I need an attorney?

    Answered over 3 years ago.

    1. Marc Paul Branco
    2. Daniel Robert Hamad
    2 lawyer answers

    Your other option, is possibly using the fact that your mother (who has a right to live in the apartment) has a restraining order against this individual. She may be able to go to the property with the police and compel him to leave. However, if he has established residency this may be difficult to do. If your sister's husband has lived in the apartment for longer than 30 days then under California law he has established residency, and the only lawful way to remove him from the property is...

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