William Joseph Kelly's Answers

Can landlord raise rent if I bring another tenant in? I am the only one on lease. How much can he raise it? and replace a door?

he following is a direct qute from the S.F. Rent Board's website, "The Rent Board Rules and Regulations prohibit landlords from charging more rent solely for additional occupants, including a newborn child. This constitutes an unlawful rent increase, even if the lease or rental agreement provides for the additional charge. Since the Ordinance provides that tenants cannot waive their rights under the Ordinance, any agreement to pay such additional rent is void as contrary to public policy....

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How much can tenant sue landlord for keeping security deposit for an illegal unit?

The short answer is "yes" the tenant can sue; but the more important question is what will the tenant recover and at what cost. It is possible that the tenant’s attorney fees and costs might be recovered from the landlord but these will have to be paid in any event. I do not think that the amount of money at stake here justifies employing a lawyer, rather the case (if it belongs in a court room at all) should be filed in Small Claims ($7,500 limit). Tenant should first seek information from...

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What will happen in court?

A great deal depends upon in which county the case is pending. The cicumsatnces surrounding the prior dismissal are also important --- was this a diversion matter or did the DA simply dismiss.

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Can someone be held liable for divulging a unlawful detainer before the courts make it public?

I saw your earlier question about the UD and must tell you that you are mistaken. The check was due on the 5th and arrived on the 6th therefore it s late and the landlord is under no obligation to accept late rent. It is highly likely that if that is your only defense you will loss the UD. The property manager broke no law in advising the prospective landlord of the UD. You might seriously consider spend a few dollars and conferring with a lawyer who knows about these things instead of...

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I am 1.5 months into a 6 month lease, but feel I must break the lease due to a roommate's erratic moods and behavior.

You question does not make it 100% clear whether you are in contract with the landlord or with the room mate (as a sub-tenant); additionally you do not describe the room mates actions with any particularity. These would be important things for a lawyer to know in assessing your situation. It is also possible that either the landlord or the room mate would be obligated to use their best efforts to find a replacement depending on the language in the lease. In any event you will need to consult...

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I live in SF. We have in-law unit and just rented out to 2 guys recently. We can smell in our house that they are smoking weed.

You have articulated two (2) separate bases upon which you can initiate eviction by providng three day notices to quit or leave. There is a violation of the covenant to not smoke and there is unlawful activity. Given San Francisco's strong eviction protection ordinance you should have an attorney acting on your behalf frrm the beginning of the process. bk

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What can we do to get him out of this mess or even get a lesser charge.

Your husband is clearly able to present a defense to the charges assuming that your informtaion is accurate. There are several factors which I would need to be better informed about in order to make a more complete assessment. i.e. how if at all was the aleged victim injured?; what county is this being prosecuted in? what "groups" do you refer to? and so on.

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Can my ex-landlord sue me in superior court for harassment/extortion/emotional distress without documentation/police reports?

Based solely on what you have written you might want to consider filing a Special Motion to Strike based on landlord's action being a SLAPP action.

My tendent is always being noisy.

See section 37.9 (c) of the San Francisco Administrative Code (known as the Rent Control Ordinance) and contact the Rent Board which may be willing to mediate this problem. You can also file and Unlawful Detainer after proper notice to the tenant.

I am a tenant residing in an apartment in San Francisco, California for approximately 32 years and have parked one vehicle on

Your landlord is in the wrong. California law (Vehicle Code section 22500(e)) bars blocking a driveway anywhere in the state. The policy as to enforcing this law in San Francisco is that it must be in front of an active garage and the person parking complaining must be able to show that she/he is the person entitled to use that garage. The real question is do you want to start a fight with the landlord. I'm not suggesting that you should simply let this go only that you should weigh what...