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SF Tenants: Jack Tarred and Feathered

SF Tenants: Jack Tarred and Feathered

SF Tenants: Jack Tarred and Feathered

“The Jack Tar is a symbol of things to come, and presumably the day is not far distant when the storied hills of Baghdad-by-the-Bay will be covered with lively replicas of its Southlandish bravado.”   –Herb Caen, The Crack in the Bay Window, The San Francisco Chronicle, April 12, 1960.

Herb Caen famously criticized the Jack Tar Hotel once located at Geary and Van Ness. Why? Not only because it was butt-ugly, but that it did not represent the character of the City that he had grown to love. “In San Francisco one has to look back to find the key, at least architecturally. The question before the house is simply this: is San Francisco to become a sort of unlikely parking lot for concrete blockhouses and balconied bath houses, traversed by the freeways they in some ways resemble, or will some attempt be made to preserve the character of the last “different” city in the country? Or, to put it another way: which sings the song of San Francisco more strongly — the cable car, literally rooted to the heart of the city, or the Jack Tar Hotel?”

Herb Caen sang the song of the City, his Baghdad-by-the-Bay, when beatnik writers like Kerouac and Ginsberg could live here and write without two nickels rubbing together in their pockets; when Richard Diebenkorn was a student at the California School of Fine Arts beginning to develop his aeronautic landscapes; when Jefferson Airplane and the Grateful Dead played free concerts for hippies who could still find a way to pay the rent; and even when a newcomer like me could scrape up enough dough to pay rent and hang out at the Mab and vote for Jello Biafra for mayor in 1979.

You didn’t have to be rich and famous to live here. You certainly didn’t have to be rich and famous to have fun here…But I digress.

In 1960, Mr. Caen reminded us that some of San Francisco’s magic lies in its “continuity with a past that was as colorful and memorable as that of any city 10 times its age.” Herb Caen didn’t write as much about life “South of the Slot”–the vast, now mostly residential, neighborhoods south of Market, like the Mission. I live in the Mission and we sing the song of the City in our art and our work as loud and as proud as they do in North Beach.

And now it is our turn to become a “parking lot for concrete blockhouses.” Southlandlish developers make no attempt to preserve the character of our part of this “different” city. To make matters worse these monstrosities springing up in the Mission masquerade as “housing.” Because they are new buildings and built as condominiums, the units are not covered by the Rent Ordinance and never will be (unless the hideous Costa-Hawkins Act is repealed), so they can be rented at “market rate.” (Of course the only way to justify calling the rental business a “market” is to assume that land is a commodity that can be manufactured, bought and sold. But as all tenants know, land isn’t Doritos–you can’t eat all you want because they can’t make more.) Yet manufacturing housing seems to be the justification for building these ugly, unsustainable, expensive monuments to greed. Of course, as all rent-controlled tenants understand, one has to be rich to live in one of these shit boxes. I walked around the neighborhood a couple of days ago. I found three buildings within a few blocks of my apartment that prove Herb Caen’s prescience.

Not built for tenants

1515 15th Street at South Van Ness

This one may have well as been designed by former San Quentin inmates to serve as a visual aid to remind them that they never want to live in prison again. The only element missing is a machine gun turret. Hey, there’s a unit in the building coming up for rent! It’s only $5,200.00 per month with a $13,800.00 move-in cost!

Not built for tenants

2208 Mission Street at 18th Street

This building seems to embrace the suedo-Queen Anne Victorian style–that’s right, suedo, as in a 1972 BarcaLounger complete with grandpa’s little dribbles–with rounded bay windows. Perhaps the designers were paying homage to Herb Caen when they designed the bays: “Irreplaceable (if sometimes horrible) Victorian examples of an era that gave birth to the very image of San Francisco are disappearing daily; one by one, the bay windows are being smashed — the windows that formed the shining, unique face of a city.” I watched this building being constructed in fits and starts over about a two-year period. The construction stopped for quite some time leaving framing exposed to the weather, molding away. They did remove the contaminated material when they restarted the construction, but they still painted the building a mildewy, baby shit beige.

Not built for tenants

2558 Mission between 21st and 22nd Streets

I like to call this one No Giant Value. Shiny, yes, but what’s with the post-liquefaction style accentuated by clown colors? A 725 square foot one-bedroom purportedly sold in this building for $1,087,000.00. To be fair, none of these buildings replaced any affordable rental housing. The problem is that they did not create any affordable rental housing either.

Tenants, need any more reasons to vote Yes on Proposition I? I don’t.

$250,000 per year for each lost tenant household Here’s where the feathering comes in. If it isn’t enough to flaunt the lack of affordable, rent-controlled units, by building oversized, ugly, million dollar-a-condo projects, landlords have stepped up their campaigns to oust tenants from rent-controlled units so that they rent them as hotels with Airbnb and other similar agents.

In the last year, I’ve seen a huge uptick in calls from tenants complaining about landlord tactics to legally or illegally oust them from their in-law units, as well as any unit located in a two-unit building. The San Francisco League of Pissed of Voters tweeted this message to Airbnb in response to a series of loathsome ads it placed around town to admonish the City to use Airbnb taxes to create bike lanes, feed expired parking meters and to keep the library open later. Indeed the asterisk refers to a report by the San Francisco Controller, which states in part on page 8:

•  If short-term renting results in the withdrawal of a housing unit from the residential market, then the reduced supply would lead to higher housing costs.

•  The citywide economic harms associated with higher housing costs are fairly severe. According to the REMI model (Regional Economic Models, Inc.), removing a single housing unit from the market would have a total economic impact on the city’s economy of approximately -$250,000 to -$300,000 per year. This exceeds the annual total economic benefit from visitor spending, host income, and hotel tax, given prevailing short-term rental rates.

• On a net basis, then, a housing unit withdrawn from the market to be used for short-term rentals produces a negative economic impact on the city, even if the unit generates host income, visitor spending, and hotel tax every day of the year. Unless the Airbnb visitors are being housed in the Jack Tars springing up all over town, they must necessarily stay in residential units removed from the market, period.

The League of Pissed Off Voters conservatively used an estimate of 1,000 units removed from the market, when the number of units rented in this manner could be as high as 10,000. Certainly the number of units removed in San Francisco could reach that number if the current, unenforceable law remains in place. In other words short-term landlord greed could cost the City $2.5 billion per year, not to mention the cost in community and culture rooted to the heart of the City. I get a kick out the fear tactics used by Airbnb’s TV and print advertising in opposition to Proposition F, particularly the one about neighbors spying upon one another. Any tenant who has experienced this, and many have, know that landlords spy on them all the time when they install “security” cameras in commons areas of a building, pointed right at a suspected tenant’s door. If you haven’t experienced this directly ask around, you’ll find someone who has. With respect to reporting illegal Airbnb rentals, just as I have an obligation to report a public nuisance to the appropriate agency, I have an obligation to report this nuisance that so severely will affect the City. Another easy issue to disregard is the enhanced reporting /licensing requirements in Proposition F. Evidently, only about 6% of hosts have currently registered their units and there’s little enforcement to make them do so.

You don’t have to read the law to understand how to vote on these issues.

That may sound strange coming from a lawyer. I actually did read the law, but I didn’t have to, because I’ve learned a few things since I moved to the City in 1979. I’m sick and tired of rich assholes hijacking representative democracy.

One way they do that is to flood the media with fear campaigns about a given proposition. They tell you you’ll lose your job, in this case you won’t, but you’ll have to commute from Modesto to do it. They tell you that your neighbors will be spying on you. Certainly in the “community” that Airbnb envisions–a transient community, in which nobody knows or cares about their neighbors–this could be a problem. This self-fulfilling prophesy can only be realized by destroying existing communities comprised of long-term rent-controlled tenants.

This is the capitalists’ wet dream–to destroy communities and replace them with transients who would spend their money for awhile and move on, rather than fight for their long-established friends and neighbors. What do I do to determine how I will cast my vote on any given proposition? I follow the money. I simply vote contrary to a given campaign that spent the most money on a given issue. In this case Airbnb rich assholes have spent far more to oppose Proposition F than their opponents, so I would vote yes even if I didn’t have time to review the law. Swear to god, it works every time. Another reason tenants should vote yes on Proposition F? For now, we outnumber the greedy landlords, developers and sharing economy shitheads. How long will that last?

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

Why On Earth Would I Have To Pay My Building A $200 Move-Out Fee?

Why On Earth Would I Have To Pay My Building A $200 Move-Out Fee?

Why On Earth Would I Have To Pay My Building A $200 Move-Out Fee?

I’m a 31-year-old female who has been living in the same apartment since August 2011. My apartment was a 2 bed/2 bath unit in a 100+ unit condo building constructed around 2006 so I know I’m not covered under the rent ordinance. My roommate is the master tenant and has been on the lease since March 2010. I have been paying my fair portion of the rent to her and she pays the landlord. The only times I’ve ever communicated with the landlord was when I emailed him my original application with the information to run a credit check (after she agreed to let me move in) and to let him know when I was moving out. He has never responded to any email from me and communicates directly with the master tenant.

When I moved out from my apartment, I arrived at my building with a UHaul moving truck to move my bed frame, mattress, and a few larger items. Upon arriving with the moving truck, I was informed by the condo building’s front desk that there was a $200 non-refundable moving fee. Without me even asking, the woman at the front desk padded the elevators even though I had already made several trips moving boxes with my car that morning without any issues. I finished moving in less than an hour and the front desk confirmed that there was no damage made on any of the common elements while moving and the master tenant has refunded me my full security deposit.

The condo association keeps emailing me for a $200 check for the move-out fee. Since I was never informed either by the landlord or the master tenant about the fee, am I obligated to pay it? When I first applied for the apartment, I never signed any sub-tenancy agreement with either the master tenant or the landlord, despite my requests to do so. The landlord just never sent me any paperwork. Can they take me to small claims court for the move-out fee or is this something the owner has to settle with the condo association?

As my momma would say, “Jesus H. Christ!” (I don’t know what the “H” stands for, but I like to imagine that it’s more profane than my favorite middle name for Jesus a couple letters up the alphabet.)

Jesus H. Christ! This is a new one for my column and it illustrates just how far greedy weasel-landlords will go. Think extortion-racket-style, Toon Patrol Weasels in Who Framed Roger Rabbit?

You don’t have a lease (contract) with the landlord so there is no term you can breach. You cannot be compelled by contract to pay any move-out fee. You should point that out (loud and clear) to the bozos who are emailing you trying to collect it. You should also tell them if they attempt to send you to collections over this issue, you will sue them for defamation of character.

If they attempt to justify the charge as some sort of service they provided, remind them that their rationale is weak because they didn’t charge you to move in. Besides, how much can it cost to pay an employee (who is on duty anyway) to hang pads in the elevator?If they try to invoke a clause in the original lease providing for a move-out fee, tell them to take that up with your former roommate.

If, down the line, they try to withhold the fee from your roommate’s security deposit, they won’t be able to get away with that either. Civil Code §1950.5(m) states: “No lease or rental agreement may contain a provision characterizing any security as ‘nonrefundable.'” Any deduction for the move-out fee could be seen as a bad faith deduction resulting in the assessment of the statutory penalty of twice the security deposit.  (Civil Code Civil Code §1950.5(k)(1).) Do your roommate a favor and remind them of that as well.

Who knows if the owner is somehow liable to the homeowners association. It simply isn’t your (or your roommate’s) problem.

Unfortunately anyone who proposes a “move-out fee” with a straight face won’t have a sense of humor. There’s no way you can make him laugh and, like the Toon Patrol weasels, make him fly away and disappear. That’s why you’ll have to tell the homeowners association to try pull their scam on someone less gullible; someone who didn’t just get off the train (and bus) from Bakersfield.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

How Can I Avoid Getting Screwed By Landlords Application Fee Scams?

How Can I Avoid Getting Screwed By Landlords Application Fee Scams?

How Can I Avoid Getting Screwed By Landlords Application Fee Scams?

Ubi jus ibi remedium. “Where there is a right, there is a remedy.”

I have read your column for quite awhile, and I look forward to it every week. I have a question that might be outside of your typical coverage, but it might also be helpful for your readers. I have been looking for my own apartment in Oakland for several months, but I think my question would apply for San Francisco as well (and Marin, and the South Bay.)

I know through my research that there is a limit to the amount that a landlord may charge for an application fee/background check, and I believe it is currently $44.21. My research into California laws has also led me to believe that if a landlord does not actually perform a background check on me, or does not otherwise process my application, then s/he must refund it, otherwise it is illegal to accept the application fee payment. (An example would be, if the landlord accepted an application before me, processed it, offered the apartment to that person, and they accepted, thus my information was never looked at.) I always thought that this was the reason that landlords asked for checks, so that if an application was not processed, they would just not cash the check.

However, I have been coming across apartments that request an application fee be paid in cash or cashier’s check. Is this legal? I subscribe to Experian, so I can see when my credit is checked, and I’m in regular contact with my references, so I would know if this information was followed up on.

Do I have any recourse if I can tell that there was never a background/credit check performed on me, or do I have to just accept that there might be landlords out there collecting application fee payments on top of their already-guaranteed rent? I appreciate any thoughts you may have on this matter.

Rental application fees are governed by California law, therefore the comments I make here will apply to anyone in California who is looking for an apartment.

California Civil Code §1950.6 governs the collection of screening fees. In 1998, the fee to screen an applicant’s credit, etc. was capped at $30.00 with annual adjustments pegged to the Consumer Price Index. In 2012, he most a landlord could charge to screen an applicant’s credit was $44.51.

You are correct that the law provides that a must refund the fee if “the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report…” (Civil Code §1950.6(e).)

While the the law does not prohibit the collection of a cashier’s check or cash, it does provide, “The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.” (Civil Code §1950.6(d).)

Check out the California Department of Consumer Affairs article “Looking for a Rental Unit” for more detailed information.  Their advice:

Before you pay the application screening fee, ask the landlord the following questions about it:

  • How long will it take the landlord to get a copy of your credit report?
  • How long will it take the landlord to review the credit report and decide whether to rent to you?
  • Is the fee refundable if the credit check takes too long and you’re forced to rent another place?
  • If you already have a current copy of your credit report, will the landlord accept it and either reduce the fee or not charge it at all?

If you don’t like the landlord’s policy on application screening fees, you may want to look for another rental unit. If you decide to pay the application screening fee, any agreement regarding a refund should be in writing.

One way to avoid the fee is to get a copy of your most recent credit report before you begin to search for apartments. Under federal law you are entitled to a copy of your credit report annually from all three credit reporting agencies – Experian, Equifax. and TransUnion. Each of the companies have their requirements to obtain one. Here is an example from Experian.

You can print out the report and provide copies to prospective landlords when you apply for apartments. I’ve done this in the past without a problem. I tend to think that a landlord who insists upon charging the fee despite your offer of a recent report, is either scamming you or such a Cheese Ball that you wouldn’t want to rent from him anyway.

Last week I talked to a tenant who told me that the leasing agent for an apartment in San Francisco wanted to charge $500.00 for a screening fee. My advice? Don’t pay. Get as much information as you can to prove the allegation and report the guy to the District Attorney. If you’re standing in a line to apply for an apartment with a bunch of other folks (typical these days) and the agent is collecting $500.00 a pop, flag down a cop.

While that may work when a landlord is blatantly running a con game, what if the landlord charges $50.00 per application or does not refund your fee after he fails to collect the information? Do you have any recourse if the landlord violates Civil Code §1950.6? Just like the Department of Consumer Affairs said, you can walk away or while you’re in line, negotiate a written agreement to get a refund.

You may wonder, what kind of bullshit, namby-pamby advice is that?

It’s the only kind of advice one can offer when the namby-pamby, bullshit law does not contain a remedy, a penalty for its violation.

Reread the statute.  Note that it doesn’t provide a tenant with any recourse to enforce it. Could it be that the legislators who drafted and passed the law wanted to appear to be reformers while still guaranteeing  one more illicit income stream for their landlord benefactors?

Some lawyers are familiar with this Latin phrase: Ubi jus ibi remedium. “Where there is a right, there is a remedy.” Conversely, where there is no remedy, there is no right. Get it? You’re a tenant not a lord.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

A Just Cause Eviction Does Not Mean “Just ‘Cause Your Landlord Said So”

A Just Cause Eviction Does Not Mean “Just ‘Cause Your Landlord Said So”

A Just Cause Eviction Does Not Mean “Just ‘Cause Your Landlord Said So”

I am 26 years old and living in a 4-unit three-story building in the Inner Richmond neighborhood of San Francisco. Two other roommates and I are living in one of the four units.  The building was constructed in 1909.  One roommate has been living in this unit for almost three years now. Myself and another roommate are on the current one-year lease, which will be concluded at the end of February.

Currently we pay $3,200.00/month for our unit.  We are on very good terms with the landlord, have an excellent track record with no complaints and we all have excellent credit scores and steady jobs. One roommate does have two cats, but the landlord consented and only requested an additional deposit fee when we moved in and signed our one-year lease. 

Now on to my question:  The various owners of the building have gotten together and put the building as a whole on the market (one 4-unit building).  The building has been on the market for over 4 months and has been shown to many parties with no offers made.  

The landlord has informed us that if the building does not sell as a whole by the end of the year (12/31/2013), she plans on selling her individual unit that we are currently occupying.  She has informed us that if this is the case, she will be asking us to vacate the unit when our one-year lease expires on February 28, 2014. I was curious as to what our rights are as good tenants that have come to love this home and do not want to be forced to move at this particular moment.  

Do we have any rights?

In the 4+ years I’ve been writing “Tenant Troubles,” I can’t remember addressing this basic question. Yet it’s a question I answer on the telephone two or three times a week. Here is the bumper sticker answer that you (and each and every tenant living in a rent-controlled unit in San Francisco) need to burn into your brain along with your name, the taste of chocolate and the first time you had sex. This is your new mantra:

IF THE LEASE EXPIRES, I DON’T HAVE TO MOVE.

Try it again, only this time imagine me as Glinda the Good Witch, my wand circling over your head. Close your eyes, tap your heels together three times and think to yourself, “I don’t have to move, I don’t have to move, I don’t have to move…”

In this respect, if you live in a unit built before 1979, you are not in tenant-Kansas. You can only be evicted for just cause. Contrary to what many landlords think, a just cause is not, “Just ’cause I said so.” Indeed the simple sale of a unit is not a just cause.

Rent Ordinance §37.9(k) defines several disclosures that must be made to tenants before the sale of a unit or building.  Rent Ordinance §37.9(k)(1)(A) states that such a disclosure must include a “statement in bold type of at least 12 points that tenants cannot be evicted or asked to move solely because a property is being sold or solely because a new owner has purchased that property.”

You don’t have to move if your lease expires, but you may have to move if the landlord sells the unit, or if she starts to accuse you of fictitious breaches of the lease like stealing her sister’s shoes. Even in San Francisco, there are bad witches, gangrenous green with greed. When you refuse to move as your landlord has “nicely” requested, she could turn on you. You could be dodging fireballs and flying monkeys. Worst of all, she won’t melt if you douse her with a bucket of water.

Given your description of the ownership, I’m assuming that the building is owned jointly. In other words, your landlord owns her unit along with the rest of the owners as a tenancy in common or TIC. If that is the case, she could sell 25% of the building to a new buyer and that new buyer could evict you using an owner-move-in eviction. Of course you and your roommates would be entitled to receive at least $15,621.00 in statutory relocation payments providing you all live in the unit at least a year (Rent Ordinance §37.9C.)

If the unit is a condominium and the landlord sells the unit to a new buyer, Cheese Ball new owners are known to use the fact that the unit is now exempt from rent control provisions of the ordinance to try to increase the rent to avoid paying relocation payments.

The truly wicked landlords, incensed that you dare to assert your rights, just start to drop by, cursing and cackling, “I’ll get you, my pretty, and your little dog too!”

Given the current San Francisco real estate market buoyed by the bubble-headed notion that land is a commodity somehow governed by a free market, your situation is bleak. I’ve often said that when a landlord wants a tenant out, they can get them out. That’s the prerogative of the landlord class despite your anemic “rights.” My point? Fight as hard as you can, but have an exit strategy.

The moral of the story: San Francisco tenants who love their apartments and begin to believe “there’s no place like home” are those most in danger. Landlords don’t want you to feel comfortable in your apartment (their property) because that usually means you’re not paying enough rent. Like Dorothy, you may come to realize that Oz is a fiction and you’ll have to settle for Kansas.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

“What Lie Can We Get Away With This Month?”

“What Lie Can We Get Away With This Month?”

“What Lie Can We Get Away With This Month?”

As we’re getting ready to move out of the house, the landlady is saying “there’s no deposit” because 2 years ago a tenant who doesn’t live here anymore asked to pay reduced rent over a couple months. Landlady agreed and never said or put anything in writing to anyone about wanting the back rent repaid until now, two years later. Isn’t she supposed to request repayment within one year?

I’ve received a couple of questions similar to yours in the last month or so. I also spoke to a tenant on the telephone about a landlord who claimed she couldn’t refund a security deposit for exactly the same reason. Different landlords, different tenants. What’s up?

Sometimes I wonder if there’s a “What Lies Can We Get Away With This Month?” working group of the Simple Minded Apartment Association of San Francisco. But that would be paranoid wouldn’t it?

Because landlords are not required to deposit security deposits in separate accounts, they’ve already spent your money. Landlords have forgotten about your security deposit. Why haven’t you? It comes as no surprise that a new lie to justify withholding a security deposit would surface from the landlords’ collective subconscious. This seems to be the bullshit du jour.

Fortunate for you that this merde doesn’t bake well.

California Civil Code §1950.5(k)(1) states in part: “In any action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.”

Absent an agreement or other written proof, the landlord cannot meet her burden to prove that her “deduction” ever took place.

I am not aware of any requirement to request payment in a year. You may be confused with the requirement that a three-day notice to pay or quit can only demand rent going back one year.

When you write your demand letter, remind the landlord that she could be liable for statutory damages of twice the amount of the original security deposit for her bad faith claim.

Permit me to rant for a moment. Earlier this year State Senator Mark Leno introduced a bill (SB 603) to amend the security deposit law to include, among other things two issues I’ve noted here. It would have required landlords to keep security deposit in separate accounts and to pay interest on the amounts. It would have also required that a court must award statutory damages with a finding of a bad faith claim or retention of a security deposit. The current law says “may” and statutory damages are only assessed in about 3.5% of cases. The bill was defeated by Democrats! I can go on and on about fucking Democrats. Suffice it to say that Democrats are not necessarily tenant-friendly.

If landlords know they can lie to their tenants and the court about retaining a security deposit and only get a slap on the wrist, why wouldn’t they lie? Look out for more excretum tauri.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

Can I Be Evicted For Subletting Without Permission?

Can I Be Evicted For Subletting Without Permission?

Can I Be Evicted For Subletting Without Permission?

Recently a friend of mine was handed an eviction notice from her landlord for subletting one of the rooms in her apartment while she was traveling. It shocked me that out of nowhere, the landlord could evict someone for something like this. She was already back at the house, and the issues was solved. It makes me a bit nervous about my own situation.

I live in a two bedroom flat in the Mission with a third room; a small “office.” Like many tenants in San Francisco, we have rented out the small, extra room to a friend. Having a third tenant was expressly verboten by the landlord when I signed the lease. However, this third person has lived with us for almost three years and there is a good chance the landlord already knows about it; he has made comments in passing such as “let your roommates know,” has probably seen the third person around, etc. I get along very well with my landlord and always pay my rent on time.

I have two questions:

1. A lawyer friend of mine mentioned something about “implied consent,” in terms of tenant/landlord relations, where if there is sufficient reason to believe the landlord is aware of a situation that is in violation of the lease, he or she is implicitly consenting to the violation. Is there any truth to this?

2. Can a landlord serve someone with an eviction notice without warning, or without a notice telling the tenant he or she must fix the situation? If landlords find out you’ve been subletting your room, or you’ve got an extra person in your flat, can they just evict you on the spot without telling you to stop subletting or ask the extra person to leave?

Issues with sub-tenants and people living in laundry rooms are issues that will increasingly apply to San Francisco tenants; this is an expensive place to live. I think we would all benefit from some extra information on the matter.

Having a third tenant was expressly verboten by the landlord when I signed the lease. What can I say? If your lease prohibits a third roommate and your landlord decides that the rent is too low and decides to evict you, it’s his prerogative. He can serve a three-day notice to cure or quit and if the roommate is not gone in three days, boom, the landlord can serve an unlawful detainer (eviction lawsuit). End of story.

Your lawyer friend is referring to the concept of waiver. Waiver is defined as an intentional relinquishment of a known right. In your case the landlord must know about your roommate’s presence and essentially consent it. Notice the term “intentional relinquishment.” How are you going to prove that in court? Certainly not by alluding to vague comments in which the landlord used roommates in the plural form.

The landlord never can evict a tenant “on the spot.” They must follow the rigid procedures defined in state and local law. The first step would be to serve a three-day notice to cure or quit as I described.

A couple of years ago, my business partner Solvejg and I represented a tenant whose predicament was similar to your friend’s. In that case the landlord had served a three-day notice to quit for illegal subletting. By the time we got the case, the landlord had served an unlawful detainer. Our client had to come back from the East Coast to defend the action.

We wrote a demurrer to the complaint alleging that the complaint was defective because the notice did not allow the tenant to “cure” the default as required in the San Francisco Rent Ordinance, but not state law. The notice did not allow the tenant an opportunity to remove the illegal subletter. Our client got lucky, but it cost her about five thousand dollars to keep the tenancy. She was lucky because she had the money to defend the case, and she made a good business decision because her rent was well below market rate.

Most tenants don’t have the kind of dough to pay lawyers to assert their rights and that’s the real point. Yes, tenants have rights and various defenses to unlawful detainer actions, but they often don’t have the resources to adequately assert those rights or to allege a viable defense. Landlords are well aware of this.

Clearly you, and most tenants, don’t understand the stress, pain and costs of defending a lawsuit, otherwise you would not knowingly violate your lease.

Why would you put your roommate through this? He didn’t do anything wrong, yet he could be either forced to move in three days or be named in a lawsuit and potentially screw up his credit.

San Francisco is expensive and many landlords these days want to cash in on the new Twitter/tech boom. One of the easiest ways to remove rent-controlled tenants is to sue them for illegal subletting. Often subletting from which the landlord turned a blind eye in the past, but that was the past and now those eyes are open.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

Do I Have To Give My Landlord My Pot Rack?

Do I Have To Give My Landlord My Pot Rack?

Do I Have To Give My Landlord My Pot Rack?

I rent a single-family house in SF and gave 30-day notice to vacate.

My question is about the pot rack I installed in the kitchen. It was attached to a 2×4 that I screwed to the wall and then I screwed the pot rack to that. The Landlord said it is not allowed in my lease therefore it is now part of the house.

The landlord said the same thing applies to the towel rack and curtain rods that are screwed into the walls.

I want to keep my things. Can I fix the holes and expect my security deposit ($2500) back? What right do I have? What right does the landlord have?

Must be a great pot rack…at least your landlord thinks so. That’s why he wants it. The landlord’s rationale to steal your pot rack has been employed by the rich and powerful and two-year-olds for eons–I want it, so now it’s mine and here’s a rule I just made up to justify my keeping it.

Your landlord’s interpretation of the law is self-serving and illogical. Using his reasoning, does that mean that your dog, Brian, stays with the house because there is a “no pets” clause on the lease? Well, that may be a stretch unless the talking dog is tacked to the wall, but you can see what I mean. If the pot rack was an unwarranted alteration in violation of the lease, your landlord should have demanded that you remove it.

To be fair, your landlord is misstating a concept that applies to the sale of a house. If something is attached to the house like a light fixture or a pot rack it can be considered a fixture that must be sold with the house.

Say I’m a prospective purchaser. I view the house and love the pot rack. In fact I love the pot rack so much, I’m willing to spend an extra $100,000 on the place. (I’m a typical, irrational, San Francisco buyer with loads of Twitter dough.) I purchase the house and when I move in, the pot rack is gone. I have the right to claim the pot rack as a fixture and sue the seller. Of course, had your landlord been the seller, he would have removed the pot rack and installed it in his own kitchen before he put the house on the market.

California Civil Code §1950.5(a)(2) states that a landlord can deduct money from a tenant’s security deposit for “the repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant,” not for an unwarranted alteration.

If the pot rack was your addition to the kitchen, take it down, remove the 2X4 and carefully repair any holes left in the walls. You should also touch up and/or repaint the affected wall with the exact, original paint color. You can take a paint chip to a paint store and get a match.

Either that, or offer to sell the pot rack to the landlord.

If you replaced old towel racks and curtain rods with new racks and rods, you should have saved the old ones to reinstall.

The “fixture” rule does apply to items you removed and replaced. You cannot leave a hole in the wall where you substituted a light fixture, but failed to save the old one to reinstall. Same with curtain rods and towel racks. You cannot leave a blank wall, even completely repaired, if there was something on the wall that was included in your original lease.

Frankly, sometimes it’s easier. less time-consuming and less expensive to leave items like curtain rods and towel racks. That is, unless you installed some Pottery Barn racks that set you back half a month’s rent.

Take photos of questionable areas before you move.

If the landlord keeps your security deposit and you sue him in Small Claims Court, imagine a scenario in which the judge asks the landlord two questions. Did the house come with a pot rack? Is the area where the pot rack damaged in any way? If the judge fails to ask those questions, request that she ask them.

If you are considering suing the landlord, take your documentation to the San Francisco Tenants Union and ask them to advise you how to proceed.

Call the Tenant Lawyers now for a free consultation.
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