Landlord-Tenant

Does Your Apartment Have Lead Paint?

February 5, 2017 | Gregory J. Brod

There are no shortages of older buildings in San Francisco. While these old homes and apartment buildings may have their own charm, they also often have lead paint since it was not banned until 1978. When lead-based paint is in good shape, it poses little health threat to you or other renters. However, older and poorly maintained units can have lead paint that is chipping, peeling off the walls, and contributing to a great deal of contaminated dust. If you believe your unit has lead paint or you know it has lead paint and it is causing your health issues, call a San Francisco tenant rights attorney from Brod Law Firm as soon as possible.

The Potential Dangers of Lead Paint

Lead is a highly toxic metal that can cause individuals both minor and serious health problems. When too much lead is absorbed into the body, it can cause seizures and lead to damage in the brain and other vital organs like the kidneys. Lead is particularly dangerous for kids and pregnant women. Even small amounts of lead in kids younger than 6 can lead to mental and physical developmental issues, according to the Mayo Clinic. For pregnant women, high lead levels in the body can increase the risk of miscarriage, early birth, low birth weight, health issues for the fetus, and developmental delays in the child.

Dealing With Mold in Your Rental Unit

January 29, 2017 | Gregory J. Brod

There are many types of mold, and none are actually toxic like some news outlets would have you believe. According to the U.S. Centers for Disease Control and Prevention, “toxic mold” is a misnomer. Some molds can produce toxins, but are not themselves poisonous or toxic to individuals. This does not mean you should let mold spread throughout your apartment. Mold can lead to allergy symptoms, respiratory issues, asthma attacks, as well as pneumonia and infections in individuals with compromised immune systems. You can rest a little easier knowing there is little connection between mold and serious or rare diseases, though you should work with your landlord to have the mold removed and the issue causing it repaired. If you are having issues with mold in your rental unit, contact a San Francisco tenants rights attorney at Brod Law Firm right away.

Common Types of Molds in Apartments

From the fuzz that grows on overly ripe fruit to the black dots spreading across your apartment’s wall, molds range in colors and likely physical reactions. A few of the most common types of mold are cladosporium, aspergillus, and stachybotrys atra. They can all be found in buildings where moisture is present, which can come from leaky roofs, broken washing machine hoses, and poorly sealed windows. Cladosporium can cause allergy symptoms and the rare infection. Aspergillus can similarly cause fungal infections and allergic reactions, but is generally no issue for individuals with healthy immune systems. Stachybotrys is what many people think of when they consider mold, since it is greenish black. It is no more “toxic” than the other types of mold, but can also cause allergic reactions.

Is My Apartment Uninhabitable or Just Old?

January 22, 2017 | Gregory J. Brod

When renting in California, you are bound to encounter some old and slightly rundown apartments. If you are a tenant in the same unit for a few years, you will likely be the one to discuss something that is broken or in a potentially dangerous condition. If your landlord is responsive, you should not have to deal with a problem for long. However, if your landlord is interested in fixing as little as possible and willing to skirt the law on a few issues, then you may have a problem on your hands. In many situations, you have the right to demand your landlord fix a problem. If he or she does not, you may be able to repair the issue and deduct the cost from the rent or move out. However, before you try to take matters into your own hands, consider the extent of the problem and your actual rights.

Your Implied Warranty of Habitability

Under California law, your landlord is required to maintain your apartment in a way that ensures it is safe and livable at all times. This is known as the implied warranty of habitability. It is not a guarantee you receive through an oral or written lease. Instead, an implied warranty is a promise inferred to you by law. No matter what the landlord says, he or she cannot take away your right to a habitable rental unit.

What is the Implied Warranty of Habitability I Keep Hearing About?

January 14, 2017 | Gregory J. Brod

As a renter in the San Francisco Bay Area, you have probably heard the term “implied warranty of habitability” thrown around by friends, neighbors, and even lawyers on TV. However, without a thorough understanding of what this means, you are not truly able to protect your tenant rights and hold your landlord responsible. Instead of ignoring or half understanding legal jargon, take an in-depth look at this concept and what it means for you:

Defining a Warranty

Warranty is a legal term for a promise or guarantee. All contracts, including residential leases, are essentially made up of warranties. When you sign a written lease or agree to an oral lease, both you and the landlord make express and implied warranties. Your landlord guarantees that he or she will perform certain actions, such as provide you keys to the apartment and make repairs when needed. You promise that you will pay rent in the agreed upon amount at the agreed upon time in exchange.

Is Your Landlord Harassing You?

January 1, 2017 | Gregory J. Brod

Has your landlord been harassing you or bothering you for no good reason? Harassment can make your life miserable, and may cause you a lot of unnecessary stress and anxiety. In San Francisco, as in other places, landlords are not allowed to bother their tenants. Laws prevent landlords from taking unreasonable actions against their tenants. A landlord can not simply try to force you to leave without proper reason.

Landlord Cannot Act in Bad Faith

The landlord cannot act in bad faith. There are a number of acts that may be considered bad faith. For example, threatening a tenant with harm, trying to get a tenant to leave through intimidation, or interfering in a tenant’s privacy are all considered actions of bad faith. The law requires that a landlord evict tenants only if they have a legitimate reason for doing so.

Can I Withhold Rent Until My Landlord Fixes the Problems?

December 18, 2016 | Gregory J. Brod

Tenants in the San Francisco area often wonder what they can do if their landlord fails to fix problems with their apartment. Landlords are responsible for providing a space that is livable. There are some things that tenants can do to resolve issues that are not being taken care of by the landlord. Tenant’s rights are protected by law.

Conditions That Make Premises Uninhabitable

There are a number of conditions that may make an apartment or home unlivable. Some of the most common conditions include:

Tenant Rights and FAQs Part II

November 12, 2016 | Gregory J. Brod

In Part II of our post on landlord-tenant legal issues, we answer your questions on security deposits, evictions, and unlawful detainers.

Rent and Security Deposits

A major expense most renters face is paying a rent or security deposit. Landlords can demand deposits equivalent to one to two months’ rent before a tenant moves in. In California, a landlord can charge the equivalent of two months’ rent for a security deposit if the premises are unfurnished, and three months’ rent if they are furnished. Landlords can tack on one-half month’s rent if the tenant has a waterbed. Security deposits cannot be nonrefundable in California.

Tenant Rights and FAQs Part I

November 11, 2016 | Gregory J. Brod

You become a tenant when you agree to pay an amount in rent for access to property for a period of time. Aa a tenant you have rights. Tenant rights and landlord-tenant law as a whole are ever-evolving. Tenant rights may be mandated by federal, state, or local laws that address not only what happens when a tenant fails to pay rent or when a landlord wants to evict a tenant for making too much noise, but also rent control and a tenant’s right to disclosure of defects and to notice in cases of foreclosure.

FAQs

What are My Rights as a Tenant?

San Francisco Landlord-Tenant Lawyer Discusses New Submeter Requirement for New Apartments

October 21, 2016 | Gregory J. Brod

If you expect that you will be needing to rent an apartment in a few years, your experience will likely be significantly different from that of modern-day renters. Today, your payment of rent covers the cost of your room as well as your water use. This is because most apartment buildings do not have individual water meters (called submeters) to measure the amount of water you personally use. This is about to change thanks to surveys and studies like the one conducted using Los Angeles tenants that found water usage among the tenants remained unaltered despite the state’s drought and the governor’s order that water usage be reduced by 25%.

New Law Requires Submeters Installed

Senate Bill 7 (signed into law by Governor Jerry Brown in September 2016) will now require every new apartment building constructed on or after January 1, 2018 to have submeters installed for every unit so that the tenants of each unit can be billed separately for their individual water consumption. Supporters of the law hope that merely being able to see one’s water consumption on a monthly basis will help encourage apartment dwellers to cut back on their water usage. A this time, the law does not require that existing apartment buildings to be retrofitted with submeters.

California Landlord-Tenant Attorney Discusses New Protections for California Renters

September 23, 2016 | Gregory J. Brod

Finding rental housing in California is not always an easy task. In some neighborhoods, there may be no rentals available for individuals who need housing but do not have friends or family to call upon and who are unable to qualify for a mortgage. In other neighborhoods, rentals may be available but may be priced so high that individuals and/or families cannot afford them. Another circumstance that can make it difficult to find housing is being placed on a “blacklist” – a privately-created list of those tenants and renters who have had an eviction notice filed against them. Being on this tenant blacklist can (for some) mean the difference between securing that perfect rental and the landlord choosing to rent the unit to another tenant.

Gov. Brown Signs A.B. 2819

This week California Governor Jerry Brown signed A.B. 2819 into law, thereby granting protections to California renters against being wrongfully placed on tenant blacklists. Under the previous legal scheme, a landlord could file an eviction notice against a tenant under certain circumstances. Once that notice was served, an eviction lawsuit might thereafter be initiated. If the lawsuit was not resolved within 60 days of filing, the tenant’s name would be added to the blacklist automatically. The tenant’s name would remain on the blacklist even if the tenant were to win his or her eviction lawsuit. This could result in the tenant’s credit and ability to rent other housing being negatively impacted for years.