Articles Posted in Landlord-Tenant

Just reading about bed bugs is enough to make most of us start to feel a bit itchy. Imagine then how hard it is to live with the blood-sucking pests and to have your landlord, someone who is supposed to ensure your rental is in habitable condition, ignore your pleas for help. Conditions like these led one California city to take the unusual step of instituting a pilot criminal program addressing bed bug matters, specifically focusing on instances in which an owner or landlord ignores bed bug infestations. These problems are also the reason Attorney Greg Brod has dedicated part of his practice to serving as a Northern California bed bug lawyer, representing tenants in disputes with disreputable landlords who operate unsafe and unsanitary rental properties in San Francisco, Oakland, Santa Rosa, and surrounding communities.

Concord’s Program Creates Penalties for Landlords When Bed Bug Complaints Are Ignored

bedbugs.jpgLast Spring, the city of Concord decided to get tough on bed bugs. As reported in a May 2014 Contra Costa Times article, the city created a pilot program aimed at controlling the bed bug problem in rental housing. Under the program, bed bugs are considered a public nuisance and a police unit is granted authority to address tenant’s bed bug complaints, matters previously overseen by the Public Health Department. Pursuant to the new program, after a resident files a bed bug complaint the Police Department’s Code Enforcement Unit sends a notice to the property owners and they have 30 days to hire professionals to inspect and exterminate the unit. If there is no response within 10 days, an Environmental Health Division employee visits the unit. Fines for non-compliance begin a $100 and rise to $500 per citation plus a re-inspection fee.

Lawyers are taught to read each and every document carefully before signing or using it at trial. So, while Northern California bedbug eradication lawyer Greg Brod knows to read beyond a headline, he found the headlines of two articles in the Stanford Daily last fall said a mouthful on their own. The first headline dated November 9, 2014 happily touts “Bedbugs in Toyon Eradicated.” Less than a week later, the same paper declares “New Case of Bedbugs Found in Toyon after Reported Eradication.” These headlines headlight two interrelated truths — controlling a bedbug outbreak is hard, but residents in rented properties (including students in dorms) have a right to a vermin free life.

University Students Face Bed Bug Problems bedbug2.jpgIn early November, the Stanford paper reported that bedbugs had been seen in two rooms in an undergraduate residence hall. However, Rodger Whitney who heads the school’s residential living team told the paper that the problem was limited to those two rooms and the pests had been eradicated. The report notes an initial attempt to eliminate the bugs had failed but a more thorough three-week process had now been completed on one room and, per student request, a week-long procedure used on the second room. A Residential Advisor criticized the school’s communication efforts and the fact that bedbugs were not discussed in RA training. Six days later, the paper reported that another case of bedbugs had been found in the same dormitory. Apparently, the report only became public after yet another unit-specific effort to treat the pest invasion.

Eradicating Bed Bugs in Residential Spaces The University of Michigan’s Extension Program, a group focused on using University resources to tackle problems throughout their own community and the state overall, provides a relevant guidesheet titled “Prevention and Control of Bed Bugs in Residences.” While some of the advice (i.e. checking backpacks to see if bugs have hitched a ride) is student-oriented, much of it is applicable to everyone. The authors note that the best way to detect an invasion is to carefully check the area around where you sleep/rest (ex. mattresses, boxsprings, bed frames, and bedding) as well as under carpet edges, in cracks, and on luggage including purses or backpacks. You may see dead or live bugs, discarded skins, fecal matter, and/or brown and red stains. Once you confirm an infestation, stop and prepare for the step of control since disturbed bugs may move and worsen the infestation.

There are few images as peaceful and serene as a cozy room adorned with oversized chairs and handmade blankets, all set before a blazing fire. Fire can be beautiful and functional; fire can also be destructive, frightening, and even deadly. Fire can leave families facing injuries and financial losses. Fire can also leave people with countless questions. In the case of a San Francisco apartment fire, Northern California tenant’s lawyer Greg Brod can help renters get answers while protecting their legal rights and recovering any due compensation.

firetruck2.jpgFire Displaces Church Street Residents On Saturday afternoon, a team of San Francisco firefighters responded to a blaze at 301 Church Street, near the intersection with 15th Street. The San Francisco Chronicle reports that the initial call came in at 4:11 P.M., alerting the Fire Department to a fire burning between two buildings. Fire officials had the flames under control at 5:23 P.M., but not before the blaze grew to a three-alarm size and caused substantial damage to both apartment buildings. Luckily no one was injured (fire officials did rescue and provide oxygen to a pet cat), but an unknown number of residents were displaced by the firm. The upper levels of the two burned buildings appear to be severely damaged and uninhabitable while a third building seems to have incurred smoke damage.

An Overview of S.F. Renters’ Rights Following a Fire An overview of tenant’s rights after a fire under California and San Francisco laws/regulations can be found in a Home Guide: Tenants’ Rights After a Fire by the San Francisco Chronicle and also in the “In Case of Fire” section of a resource page produced by the Housing Rights Committee. As with many housing issues, much of the rights afforded to tenants after a fire stem from the implied warranty of habitability. Pursuant to that warranty, landlords must repair a damaged property as soon as possible. In general, the landlord is not responsible for the tenant’s personal property (renter’s insurance will usually apply). However, the tenant may have a claim if he can show that the fire was caused by the landlord’s negligence.

For quite some time, the local and national press has been bringing attention to the San Francisco housing shortage. It is important to remember, however, that this is not a problem limited to San Francisco. The problem stretches across Northern California and includes a shortage of affordable housing in Santa Rosa. It is important that renters remember that, shortage aside, they do have rights and should not be afraid to speak up about an abusive landlord or unfit dwelling. Our Santa Rosa tenants’ lawyer is committed to protecting renters and ensuring units are both affordable and fit to be called “home.”

keys.jpgProspective Renters Camp Out to Apply for New Santa Rosa Apartment Building

A story in this week’s Press Democrat brings attention to the Sonoma County affordable housing shortage. The piece reported on would-be tenants camping out for up to two nights in hopes of applying to live in a new complex set to open in May at the intersection of Petaluma Hill and Kawana Springs roads in southeast Santa Rosa. Management personnel said they’d never seen anything like the campers before with a prospective renter reporting that people can spend years on waiting lists to get into an affordable rental property.

Many of us recall being tucked in to be at night as children with a teasing parent saying “Sleep tight. Don’t let the bedbugs bite!” Thankfully for many of us bedbugs were just the stuff of nursery rhymes like cradles in treetops. In recent years, however, bedbug infestations have become all too real for more and more Americans. The pests strike across class lines and have been found in the fanciest hotels and the most rundown apartment complexes. When an outbreak is caused or extended by a landlord’s refusal to properly address the problem, our Northern California bedbug lawyer is ready and able to help.

Bedbugs: The Pest, The Impact, The Response

bugpic.jpgThe Environmental Protection Agency (“EPA”), the Department of Agriculture, and the Centers for Disease Control and Prevention all agree that bedbugs are a public health pest. The EPA’s website includes a series of pages titled: “Bed Bugs: Get Them Out and Keep Them Out.” Adults are about the size of an apple seed with a flat oval-shaped body that balloons after a feeding and a “musty-sweetish” odor. Young bugs are translucent and can be tough to spot if not recently fed, while bed bug eggs are only the size of a pinhead and pearl-white, with an eye spot.

firealarm.jpgWe learn about fire safety from a young age, but it is knowledge none of us ever expect to need. Imagine how frightening it would be to face a significant fire in your home. Imagine how much that fear would escalate if safety devices malfunctioned, leaving you trapped by a fire that grew while a smoke alarm stayed silent or unable to escape because a fire exit was blocked or otherwise inaccessible. This scenario is all too real and far too common. Our San Francisco tenant’s fire injury attorney helps when rental unit fires stem from a landlord’s failure to maintain a safe living environment.

Mission District Apartment Fire Kills One and Injures Six

Fire fears became a reality for residents of one Mission District building last week. According to the San Francisco Chronicle, a fire broke out at a three-story multi-use building at 22nd and Mission around 6:45 PM on January 29. The four-alarm blaze killed one resident and injured six people, including a firefighter. It left 54 people homeless and also caused damage to retail and office spaces. Investigators have yet to pinpoint a cause, although the building’s owner suggested a faulty microwave sparked the fire.

Landlord-tenant lawyer Greg Brod is often asked whether an individual tenant’s case can really be big enough to justify a lawsuit. Often the answer is “Yes.” Recognizing the potential for power imbalances and the critical importance of a safe home, rental contracts and state/local laws often provide extra legal protection for tenants, even allowing triple damages in some cases. Our team is proud to advocate for individual tenants, a practice that includes helping renters who’ve faced a major bedbug problem. In some cases, however, our San Francisco bedbug lawyer finds that the best way to fight back against an individual landlord or rental company that neglected its responsibilities is for tenants to work together through a bedbug class action.

Bed Bug Class Action Filed Against Public Housing Authority

We previously reported on a $2.45 million settlement in an Iowa class action involving the bedbug infestation at two apartment buildings in Des Moines. In October, another bed bug class action case was filed in Iowa’s capital, this time involving the city’s largest public housing complex. The Des Moines Register reports that the lawsuit alleges the public housing agency failed to properly address a bedbugs.jpgmajor bedbug infestation creating unconscionable, substandard conditions at the Royal View Manor apartment tower. In addition to asking for monetary compensation, the suit also asks the Agency to immediately eliminate the bedbug problem.

As we write this post from our San Francisco tenants’ law firm, residents throughout the Bay Area are preparing for the arrival of a soaking and likely dangerous storm. By Wednesday afternoonn, Weather Channel reporters were predicting from three to five inches of rain in San Francisco and Sacramento with some areas slated to receive up to eight inches of rainfall. Forecasts suggest the storm could be one of the strongest wind and rain events to hit our region since 2009.

Weather events of this magnitude are a threat to safety and to property. We urge readers to use caution on the roads and remind drivers to never attempt to pass through flooded roadways. In addition to the immediate threats of severe weather, there can be long-term consequences of flooding that pose serious health threats. Mold is one of the most perilous (and sometimes sneaky) of these flood-related health hazards. While it is not the only way the dangerous spores make their way into residential dwellings, ignoring the link between flooding and mold can leave people sick and even contribute to early death.

Sick Buildings, Sick Tenants: A Brief Overview of the Danger of Mold After Floods flood.jpg

At the Brod Law Firm, there is an underlying theme that ties the majority of our cases together – a desire to use the law to help the injured and the wronged. Often, the wrongdoer held a power advantage over our client from a driver who hit a pedestrian, cyclist, or a stopped vehicle that couldn’t avoid the impact to a lawyer who violates her professional duties to a tenant at the mercy of an economically powerful landlord. The final example is becoming increasingly common and the power imbalance is growing as the rental market throughout Northern California tightens. After looking at a story that highlights the San Francisco rental shortage adding to this imbalance, this post will review some of the tools our Northern California tenants’ law firm uses to protect tenants in San Francisco and throughout the region.

Developer Distributes 6,800 Applications and Would-Be Tenants Return 2,595 Applications For a Mere 18 Apartments

According to The San Francisco Chronicle, when it construction began on an apartment complex at 2175 Market Street, developer Forest City vowed to include 20% affordable units, more than the 12% required by the City. From The Chronicle building’s lobby, Forest City passed out more than 6,8000 applications and 2,595 were returned by people interested in what amounted to 18 apartments. A lottery narrowed the field to 400 and, before a crowd of more than 100, the developer drew names in a process one attendee, who had been through two prior housing lotteries, compared to “auctioning off hope.”

Recently, there has been a lot of attention on both the local and national level to the ever-increasing rents in the city of San Francisco. Less attention has been paid to the rental market across the Bay, but the city of Oakland has experienced a similar rise in residential rental fees. When rents rise, long-term tenants often find themselves pressured to move so that the landlord can profit from the trend. In some cases, the landlord steps over the line by harassing the tenant with the intent of eventually evicting the tenant or making life unpleasant enough that the tenant feels forced to leave (“constructive eviction“). Our Oakland tenants’ rights attorney fights to protect tenants from illegal harassment and actual or constructive eviction.

Oakland Ordinance Looks to Protect Tenants from Landlord Bullies Trying to Profit from Rising Rents

oakland.jpgAccording to the San Francisco Chronicle, Oakland’s rent board has been fielding calls from some 200 people each month complaining that they are being harassed or intimidated by a landlord. Tenant advocates suggest landlords are trying to force out rent-protected tenants in order to make room for higher-paying renters. With renters coming into Oakland from San Francisco, ironically because many were forced out themselves, there is growing demand for rental units. The average rent in Oakland stands at around $2,100, a 10% increase from mid-2010 to mid-2014 with an even greater increase in some desirable neighborhoods like Lake Merritt where rents have shot up 53% since 2011.

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