Help! Tenant not paying rent claim property condition not livable and they try to seek for an attorney after I ask for rent.: I just bought a property in Oakland CA, and the tenants have not paid rent to the previous owner for half year, the property condition is poor, can the tenants sue me and stay in the property without paying rent? they refused to move or pay rent when the last time I met them. I saw the kitchen missing a range hood above the stove. everything is very old, but I don't see it's not livable.
Marc’s answer:
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 1941.1 and is per se a breach of the implied warranty of habitability. Lack of heat is usually about a 20% reduction in rent. Therefore for every $1,000.00 the tenant owes in rent they would only be a liable for $800.00, which would be paid into the court and said funds would only be released to the landlord after he/she has completed all repairs satisfactory to the Court's order. A missing range hood alone, although not a substantial breach is most likely a breach of State and Local Building Codes, and may entitle a tenant to a discount in rent. Further your property may be subject to Oakland's Just Cause for Eviction Ordinance which governs the basis for evictions for certain rental units located in the City of Oakland. Therefore, be weary of any advice you receive from someone who is not familiar with local rent and eviction control ordinances, or proper procedures for evictions based on non-payment of rent when there may be legitimate breaches of the implied warranty of habitability on the Premises. You would be well advised to hire a licensed home inspector to inspect the property and make sure that there are no legitimate defects on the property. You would also be well advised to contact a local attorney familiar with Oakland's Just Cause for Eviction Ordinance.
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.: The bank and realtor said we could evict him for 5 thousand dollars. 5,000 down and he won't leave. We have to file an Unlawful Detainer and it could cost up to 20,00 for that. He is mentally ill or a super creep. My daughter s only 27 and works three jobs to pay for this house...
Marc’s answer: 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.
In California (San Francisco), I am the master tenant, may I evict my roommate or have courts have him stop harassesing me?: I moved in the apartment one yr and half before my roommate. He now wants to live in apt. by himself or to get another roommate, and is harrassesing me and trying to make my life miserable. He has called the police more than once and fire department on me more than twice. He says he is going to evict me. I have a log of things that hes done to harass me. Any help will be appreciated. thanks
Marc’s 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 apply unless the Owner or Master Tenant gave notice to the tenant/subtenant that the unit is exempt from the Good Cause for eviction requirement. If the unit is otherwise subject to Good Cause eviction, and such notice was not given in writing and at the outset of the tenancy, then the Owner/Master tenant will need to have Good Cause to evict his tenant/subtenant in order for his/her unlawful detainer complaint to be actionable.
There are several other issues you will need to be aware of before you decide to evict your roommate. You should speak with an attorney who practices Landlord Tenant Law in San Francisco to review your case and advise you on your rights.