Landlord-Tenant
Aaron & Wilson, LLP handles landlord-tenant matters in commercial and residential properties in the San Francisco Bay Area, including just cause evictions and claims of discrimination or harassment under the California Fair Employment and Housing Act (FEHA).
A successful plaintiff in a FEHA housing discrimination case may be entitled to a number of court-ordered remedies, including the provision of housing previously denied, out-of-pocket expenses, cease and desist orders, money damages for emotional distress, attorneys' fees and costs, expert witness fees, civil penalties, and punitive damages. Any fair housing act claim should be taken very seriously and defended by an experienced trial defense firm with a record of success.
Landlords and tenants both have rights and duties in regards to one another. Every lease includes the covenant of quiet enjoyment, which means that a landlord cannot engage in activity which interferes with the tenant's right to possess the premises. Residential leases include an implied warranty of habitability, while commercial leases may include express warranties that the property is fit for the tenant's purposes.
The tenant, meanwhile, is required to do more than simply pay rent on time. Depending upon the lease term, the tenant may be required to maintain the premises and make repairs, allow access by the landlord to inspect or repair, and not act in a way that interferes with the rights of other tenants or violates any laws or local ordinances.
Legal Proceedings Require Qualified and Experienced Lawyers
When a tenant unlawfully refuses to relinquish possession to the owner, resort to the courts for unlawful detainer eviction proceedings is generally the sole legal remedy. The statutes outlining the procedure are very detailed, and failure to follow the procedures to the letter can cause the landlord to lose the case. Experience and careful diligence throughout the process are essential to a successful eviction proceeding. When properly executed, an eviction can be accomplished in a very rapid fashion, compared to other types of civil litigation. But when attempted without experienced legal representation, and eviction proceeding can drag on for months or ultimately fail.
San Francisco has some of the most onerous restrictions in the State of California on landlords. Aaron & Wilson has a track record of successfully defending landlords in San Francisco, including property owners in rent-controlled jurisdictions. Contact Aaron & Wilson, LLP for assistance with your landlord-tenant matter.
