Do you need help evicting a tenant in the San Francisco Bay Area?
Does your tenant pay the rent late?
The San Francisco based Law Firm of Jones & Devoy can help you solve problems with your tenants throughout the Bay Area. Regardless of whether you own a house, duplex, or an apartment building, our attorneys can help you, the landlord, with a variety of legal issues.
We offer the following services to help ensure landlords enjoy a beneficial property agreement:
Evictions & Collection of Back Rent Owed – Landlord/Tenant Law
Our San Francisco Bay Area eviction attorneys can help you to evict a tenant. If the obligations imposed by the rental agreement, such as the payment of rent, are not followed, then an eviction procedure may be necessary. They can messy and stressful, but our skilled attorneys will make sure that every appropriate legal measure is taken on your behalf so that you, the landlord, can get on with the rest of your life.
Before you take any action to evict, it is extremely important to know the law of evictions. For example, in the city and county of San Francisco many rental units are governed by CHAPTER 37 OF THE SAN FRANCISCO RENT CONTROL ORDINANCE. To learn more about the San Francisco Rent Control ordinace, please see the following article “Evictions Under Rent Control.” One mistake can cost a landlord a chance to evict, and may also subject the landlord to a financial penalty for an attempted wrongful eviction.
Eviction regulations can change dramatically depending on the city and county where the rental unit is located. Our landlord attorneys work in San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, Sonoma, and Marin Counties.
Creation of Rental Agreement Documents – Landlord/Tenant Law
Creation of a strong rental contract is important for every landlord. While not required for all agreements, it is generally recommended that a rental agreement be in writing. Once it is in writing, there are several requirements that must be in the agreement, as well as several more that are suggested in order to avoid future problems for the landlord. For example, under CALIFORNIA CIVIL CODE SECTION 1654, ambiguity in a document is usually held against the party drafting it. Since you, the landlord, most often draft the rental agreement, and you do not want your own rental agreement used against you, it is almost always a good idea to have an attorney on hand to help craft or revise an agreement.
Security Deposits – Landlord/Tenant Law
Unfortunately the rental unit can be left in poor condition, so it is always in your best interests as a landlord to require a security deposit. With this protection also comes a host of legal requirements as to the size of the deposit, how it is kept, and under what circumstances it must be returned. For example, in California, state law requires that a landlord cannot charge more than two months rent as a security deposit if the premises is unfurnished, or three months rent if it is furnished. Additionally, several cities, including San Francisco, require the landlord to hold the security deposit in an interest bearing account and later returned with the interest. A short time with one of our Bay Area Landlord attorneys now, can save you a lot of trouble down the line, and make sure that your interests are protected.
Discrimination – Landlord/Tenant Law
California landlords fall within the meaning of anti-discrimination laws and must follow all state and federal statutes. Such statutes include: Fair Housing Act, the Civil Rights Act, and the Americans with Disabilities Act. Do not be caught unaware by this complicated piece of legislation. Even seemingly innocent requests can create a world of trouble with a vexatious litigant. If you are posting advertisements for your property in the newspaper, or on an online forum like craigslist, it is in your best interest to make sure that you are complying with with FHA or ADA requirements.
Repairs, Maintenance and General Condition of the Rental Property – Landlord/Tenant Law
California law requires that all rental premises meet certain standards before they can be rented, and that the condition of the premises is maintained throughout the rental period. While this sounds relatively straightforward, standards such as “habitable” or who caused certain problems at a rental unit is an area ripe for litigation. Our Landlord attorneys are experienced in not only litigation, but in determining when such action is cost effective. When our Firm represents you, the landlord, we will make sure that each step in the process is a strategic step made with precision.
Contact our San Francisco based Bay Area office today for a free consultation. Click here to email or call our San Francisco Bay Area Landlord Attorneys.