Something is fishy here in S.F. CA with a tenancy that has documented acts of discrimination with unresolved Parking issues costing $10,000 and a Termination of Tenancy that the Rent Board denies control of this situation, despite the written documentation from the Management Company that specifically states that any deputes in the original lease can be resolved with the Rent Board. The Tenant is temporarily hospitalized for Rehabilitation and he wants to come home. I am State approved Residential Property Manager and Power of Attorney for this man's possessions and housing accommodations, as well as his live-in personal aide, with his 62 yr old IHSS provider who the management has known of our presence for several years now without causing any violations to the Veteran's original lease.
In most states, no reason is required to terminate a month to month tenancy, California too as I recall. So long as the landlord gives proper written notice the LL may terminate for any or no reason--the tenant may similarly do the same it is both a drawback and advantage of a month to month tenancy. Your Veteran leasee and roommate may want to see a local SF landlord tenant attorney to determine if his current hospitalization gives him a 'disability' status insofar as an appointed guardian ad litem is concerned, however, on the facts you provided it he'd be smart to start looking for a new place at the same time. That said, I am NOT a CA attorney and I am speaking in only general principals of law. Recommend your friend see al local SF attorney immediately--if the property is rent controlled or falls under some other unique SF ordinance, the scenario and options MIGHT be different.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
I agree with Mr. Rafter. You need to hire a local attorney. In the bay area, there is an organization called Swords To Plowshares that helps veterans. Another option is a local VFW. There are numerous resources that will provide aid to veterans for free or VERY low cost. Contact them immediately.
Now, if you have filed a claim with the Rent Board, and the Rent Board is not doing anything, file a DEMAND on the Apartment for arbitration/mediation by the rent board. Something may or may not happen. If this fails too, then file suit.
In either case, you REALLY need to contact a lawyer. A lawyer would love to put an 80-year-old vet before a jury who has been discriminated against.
Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.