Tenant Rights & Debt Collection Defense

Do tenants have a right to keep the landlord from entering their home?

noreply@blogger.com (Anonymous) — Tue, 31 Jan 2012 23:52:00 +0000

The answer to the question is yes, but... you need to know the details. Tenants often wonder what to do when the landlord demands to be let into the house without advance notice and without cause.

In those cases, generally speaking, the landlord has no right of entry. If he wants in, then he must make the request correctly. California law requires that landlords and their agents give the correct notice before attempting to enter into a rental property. When they give notice, they must follow specific procedures.

The Notice must be in writing.

Any landlord or property manager that wants to get into the rental must give advance written notice at least 24 hours before the attempted entry. The notice must be served at the property.

The Notice must explain why the entry is needed.

The landlord, and the agents working on his or her behalf, cannot simply ask to come into your home because they feel like it, or based upon unfounded suspicions.

These requirements are explained in detail in California Civil Code Section 1954. The full text of the statute section is as follows:

California Civil Code Section 1954

(a) A landlord may enter the dwelling unit only in the following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees,tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.
(c) The landlord may not abuse the right of access or use it to harass the tenant.
(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.
(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.
(e) No notice of entry is required under this section: (1) To respond to an emergency. (2) If the tenant is present and consents to the entry at the time of entry. (3) After the tenant has abandoned or surrendered the unit.

As is the case with most statutes, there is a lot of exceptions to the general rule requiring notice. Unfortunately, many landlords, property managers and real estate agents attempt to take advantage of these exceptions in ways that can quickly become overbearing and harassing. That's why it pays to know your rights as a tenant and to speak with an attorney that can help you to assert those rights. Most tenants are unaware that their lease agreement has a number of implied promises between the tenant and landlord. These promises are common law rights known as covenants. Covenants predate California statutes, but they are still good law that landlords must observe. One of the most important of these covenants is known as the covenant of quiet enjoyment. Simply put, it means that you as the tenant have the exclusive right to possession of the property you rent. Your landlord cannot take this covenant away.

If your landlord is acting in a way that deprives you the full use and benefit of your rental property, then he or she is likely violating the covenant of quiet enjoyment.

To learn more about your privacy rights as a tenant, you should contact an attorney that specializes in helping renters to assert their rights.

What to do when your landlord's negligence leads to injury.

noreply@blogger.com (Anonymous) — Sat, 14 Jan 2012 23:28:00 +0000

I am often contacted by tenants that have been injured because of problems with the house or apartment they rent that the landlord refuses to fix. Sometimes the problem is one that the landlord has known about for a long time, and other times the situation comes about suddenly. In either case, when a tenant suffers injury because of something that the landlord should have fixed, then the landlord is responsible for damages that are suffered.

As always, the details of the individual situation matter a great deal. As a general principle, in order for a landlord to be held responsible for your injury under the law, the cause of the injury must be something that the landlord, or his property manager, had a duty to take care of. If a tenant is injured walking on a shared stairway leading to a second story apartment when it collapses, then this would certainly be something that the landlord has a responsibility to take care of. If the tenant slips on a piece of bacon in her kitchen, then the landlord can't be held responsible for that because he has no duty to keep your kitchen floor clean.

Many times the situation is not so clear as the example given above. An important question will always be who had control over the part of the property where the injury resulted, and did the landlord know about the situation. If the landlord didn't know about the dangerous situation, then is it something he or she should have known about? Some things are always going to be the landlord's responsibility to fix. These include things like plumbing, electrical wiring and public areas shared by multiple tenants. Other things might be the landlord's responsibility, but the tenant has an obligation to tell the landlord about the problem when he or she finds out about it.

Think about the example of a bee hive in the attic. It is an infestation that the landlord should take action to resolve, but if the occupants living in the house know about the bee hive, and don't tell the landlord, then it is much harder to assign responsibility to the landlord when someone suffers bee stings when the hive falls into the living room. For this reason,it is important to make your problems with the property known to the landlord when you discover them. Don't assume that the landlord knows about plumbing under the bathroom sink that constantly leaks, or that it is your responsibility to deal with the situation. It is a much better idea to tell your landlord about the leak right when you notice it.

Many times tenants are injured because of something that neither they nor the landlord knew about. Like when an interior ceiling collapses. In these situation, the landlord will be held responsible, if the tenant takes the correct course of action!

If you are injured as a result of problem with the apartment or house that you rent, follow these general principles.

If the accident results in physical injury, seek medical attention appropriate to the situation.
Take pictures of what happened right away. Take good quality photos with a digital camera that has removable storage and back them up.
Get witnesses to the event. If there are no witnesses, then make sure to invite someone to watch you taking your photographs.
Make sure that you inform your landlord or property manager about the accident that caused the injury, but be careful to stick to the facts.
Do not talk to any insurance agents, or give a recorded statement to any third party
Contact a lawyer to discuss what happened and find out what your rights you have. Beware of attorneys that promise great results in their advertisements, but who won't talk to you directly.

This blog is produced by just such a lawyer that would be happy to talk to you when you have suffered an injury due to your landlord's negligence.

Please feel free to contact me directly by clicking on the link below

http://tenantdefenders.com/contact-us/

If I cannot help you with your case, then I will let you know right away without wasting your time, and I may be able to point you in the right direction.

What needs to be in an answer to an unlawful detainer complaint?

noreply@blogger.com (Anonymous) — Wed, 01 Jun 2011 01:33:00 +0000

Click on the link below to see guidelines about filling out an answer to a residential unlawful detainer.

http://tenantdefenders.com/2011/05/22/what-should-be-in-an-answer-to-an-unlawful-detainer/

The post lays out the information about what should be contained in each section of a tenant's answer and includes a link to the judicial council form answer that you can download.

What rights does a tenant have when the landlord cuts off utility services?

noreply@blogger.com (Anonymous) — Sat, 26 Feb 2011 20:49:00 +0000

The primary legal protection for residential tenants in California who have had their utilities shut off by a landlord is found in Civil Code Section 789.3. This code section prohibits a landlord from cutting off utility services to a residential tenant for the purpose of terminating a tenancy. Landlords who violate this Section are liable to the tenant for damages in the amount of $100.00 per day for every day the tenant goes without utility service, plus actual damages caused by the loss of utility service, and the tenant's attorney's fees. While the fine of $100.00 per day may not seem like much, it can add up quickly, and this fine does not include actual damages caused by the utility shut off such as the price of eating out when there is no gas or electricity to cook with, food spoiled from lack of refrigeration, the cost of being forced to pay for access to bathing and laundry facilities, and all other costs that a tenant may incur as a result of losing his or her utility access to water and electricity.

It is important that a tenant make a demand that the landlord restore utility service as soon as the water or electricity has been shut off. It is best to make this demand in writing. The letter to the landlord demanding the restoration of utility services should be direct and concise. It is a good idea to contact Legal Aid Society, a community service organization, or an attorney that represents tenants to assist in writing this letter. If a tenant does not qualify for Legal Aid assistance, and cannot get a private attorney, then he or she should remember a few key points when writing the letter to the landlord demanding restoration of utility services.

1). Make sure that the letter is dated and addressed to the landlord or the landlord's designated agent.

2). The letter must clearly identify the address where the effected tenant lives.

3). The letter must clearly state what utility service has been lost and when the loss of service began.

4). The letter should state the tenant's belief that the loss of service was caused by the landlord for the purpose of terminating the tenancy.

5). The letter should demand that the landlord take all required action to investigate and resolve the problem.

6). The letter should state that if the landlord fails to take action to restore utility services within a reasonable period of time, then the tenant reserves the right to withhold the payment of rent.

7). The letter should request that the landlord respond to the tenant in writing.

Make sure that you keep a copy of the signed letter for your records and send it to the landlord via certified mail, so that you can show he or she actually received the letter. The tenant should not make any threats, nor say anything that he or she would not want to repeat in public. If the tenant is forced to bring a lawsuit, in order to have the utility services restored, then the letter may very well become evidence. It is not helpful in court to have a letter that is filled with personal attacks on the landlord, or otherwise shows the tenant in an unfavorable light.

It is my experience that many tenants do not feel comfortable asserting their rights by writing a letter, and often feel some responsibility for the situation. It is important to remember that under the law, there is no reason that justifies a landlord shutting off a tenant's access to utility services. Even if a tenant is behind on the payment of rent, or the utilities, or even if the tenant has had a checkered past in his or her time in residence, a landlord cannot terminate services in an attempt to force the tenant to move. Any tenant who has had utility services cut off by a malicious landlord should not hesitate to contact an attorney right away.

Debt Collectors and Their Unlawful Practices

noreply@blogger.com (Anonymous) — Thu, 03 Feb 2011 15:34:00 +0000

Debt Collection Calls - Tracking Suspicious Phone Calls from Debt Collectors

Under federal law, debt collectors cannot call you on your cell phone. If you are receiving harassing phone calls from someone demanding that you pay them on a debt, you have a right to make them stop. Unfortunately, even after you tell them that are calling a mobile phone and that they don't have your permission to call you, many debt collectors simply ignore you and keep calling anyway.

If you are receiving unwanted calls from debt collectors, click on the link above, and place the number into their search engine to find out which debt collector is calling. Then, give us a call to discuss your legal options. Take a look at our website to get our contact information. http://www.tenantdefenders.com/Contact_Us.html

Bed Bugs & Tenants Rights

noreply@blogger.com (Anonymous) — Wed, 02 Feb 2011 05:46:00 +0000

I have been hearing a lot about bed bugs in the news lately. As a tenants' rights lawyer, I hear often from people who wonder what to do when the property they rent is infested with bed bugs. They are terrible. I have yet to meet anyone who has had to deal with a bed bug infestation that wasn't deeply effected and distraught by the experience. If you have leased an apartment or house and upon moving in find that you are waking up with bite marks, then it's important to educate yourself about whether the property has bed bugs. If it does, you need to act quickly. There is a lot of good information available on the internet about bed bugs. I like this blog http://bedbugger.com because it has a lot of information and is updated fairly often.

If you are satisfied that it is bed bugs that are afflicting you, make sure that you begin to keep careful records of your experience. Take photos. Get pictures of the bite marks, of the tracks left by the bugs, the skins that are shed by the growing nymphs, and anything else that shows the presence of the bugs. Take notes of any problems caused by the infestation. You will quickly find that an important part of containing and escaping a bed bug infested property is throwing out furniture and other personal property where they live. Those items that you don't throw away need to be quarantined for up to 18 months. These consequences are inconvenient and expensive, but unfortunately, if you don't keep good records of the costs of replacing these items, it will be hard to get any compensation from your landlord or management company.

Keep a journal of the timeline of events with specific dates and times. If you have new bites when you awake, make an entry explaining how many bites there are and their location. When you make a complaint to the landlord or the management make sure that you do it in writing. Your complaint should have a date and clearly identify the property address. Make a notation in your journal of any conversation that you have about the complaint, and make sure to keep copies of all the complaints that you make. If you live in an apartment complex, ask other tenants about who lived in the unit before you moved in. Ask if they ever made complaints about bed bugs, or if anyone else in the complex has also had problems with bed bugs. Make entries in your journal about these conversations.

It's important to also understand that your landlord will not be happy to hear any mention of problems with bed bugs, and may quickly act to try to cause problems for you. There's no reason to expect that a landlord who is leasing a bed bug infested property will simply admit his or her fault and compensate you for your losses. More than likely, the landlord will first look to assign the blame to you.

If you have suspicions that your landlord knew that the apartment or house had problems with bed bugs before leasing it, then don't hesitate to talk to a lawyer. Landlords usually have lawyers. The smart landlords find good attorneys and consult them often. Don't make the mistake of just relying on your landlord to take care of the problem without finding out all the relevant information you can, and then speaking to someone who can tell you about your rights and how to assert them.

Tenant Rights and Legal Defense: Tenants Have Rights Even After Foreclosure

noreply@blogger.com (Anonymous) — Wed, 17 Nov 2010 05:29:00 +0000

Tenant Rights and Legal Defense: Tenants Have Rights Even After Foreclosure: "Tenants renting houses, condominiums or apartments that have been sold at foreclosure are often caught by surprise when they learn that the ..."

Tenants Have Rights Even After Foreclosure

noreply@blogger.com (Anonymous) — Mon, 18 Oct 2010 19:13:00 +0000

Tenants renting houses, condominiums or apartments that have been sold at foreclosure are often caught by surprise when they learn that the landlord has lost the property. Many times the landlord or leasing company keeps tenants in the dark as long as possible and tenants may not even be aware of the foreclosure until after the property has already been sold. Even though these circumstances may be a surprise and a hardship, tenants do have rights in this situation and should not be afraid to assert them. These rights will not allow you to stay in the property for the long term, however, they are designed to allow tenants enough time to move from the residence with a sense of order instead of an abrupt dislocation.

After a property has been sold at a foreclosure, the new owner must give those who live at the property notice that the property has been sold and that their lease interests have been terminated. Under Federal law, this notice must give the tenants living in a foreclosed property at least 90 days to vacate. If the tenant has a fixed term lease which extends longer than 90 days, then under certain circumstances, that tenant can remain in possession for the full term of the lease provided that he or she continues to pay rent to the new owner. If the lease is not for a fixed term, or if the term of the lease will expire before the end of 90 days, then the tenant does not have to pay rent to the new owner during the 90 day period to vacate. If a tenant remains living in a foreclosed property beyond 90 days after receiving notice to vacate the property, then the new owner may proceed to court and file an unlawful detainer to evict the tenants.

Unlike a tenant living in a foreclosed property, the former owner must vacate the house or condominium within 3 days. Most notices that are posted on properties after foreclosure include a reference to the 90 days that a tenant can remain in possession, but often emphasize that owners must leave within 3 days. Some also make it sound as though many tenants will not qualify for the 90 day period. The reason for this is that the people who manage the property for the buyer at foreclosure, usually real estate brokers, want to get the occupants out of the house as quickly and inexpensively as possible. Many times these agents will show up at the house and offer cash for keys if you are a “bona fide tenant.” They will often ask to see rental agreements or other proof that someone is actually residing in the property as a tenant. A tenant is under no obligation to disclose any information about whether he or she is a tenant, and many times the person offering to discuss your bona fides as a tenant will tell you whatever they think is likely to make you want to move.

The truth is that it is not a difficult standard under the law to show that you are a bona fide tenant. All that is required is that you have lived at the property since before it was sold at foreclosure, that you paid a reasonable amount of rent, and that you not be related to the former owner. Even if you are behind on the rent, or you don't have a written rental agreement, if you are a tenant that meets the qualifications mentioned above, then you have a right to remain in possession for 90 days after receiving notice of the foreclosure sale.

Many of the owners that buy properties at foreclosure simply choose to go ahead and file an unlawful detainer action to evict the occupants at the property by suing the former owner and Does, or unknown occupants. The reason that they do this is because it forces the tenants living at the property to file a response in court if they want to take advantage of the 90 day period to remain in possession. The Plaintiff must give a copy of the summons and complaint to the people living in the house. Witihin this packet there will be a document entitled Prejudgment Claim of Right to Possession. If a tenant residing at the property receives such a complaint before the expiration of 90 days notice, then he or she needs to go to court and complete and file this Claim form. If the court does not receive any Claim of Right to Possession from a tenant at the property within 10 days that the complaint is served, then the Plaintiff seeking to evict can asks for a default judgment to be entered against the former owner and all unknown occupants. The court will usually grant the default judgment and issue a writ for the Sheriff to evict all occupants. This can happen in just a matter of a couple weeks.

If you are a tenant living in a property that was recently foreclosed and you receive a summons and complaint which names the former owner of the property as the defendant, then it is very important that you contact an attorney that handles unlawful detainers or your local legal aid society.

For more information on another blog devoted to this subject check out http://tenantsforeclosure.blogspot.com/

If you or someone you know someone living in a place that may be affected by foreclosure, please tell them they do have rights. They should try to speak with a lawyer if possible. If they qualify for the free services provided by the Legal Aid Society, they can call 877-534-2524 for help. Help in filling out legal forms is available at clinics in the Courthouses.

The following information applies to residents of foreclosed homes within San Diego County:

For South County residents, Unlawful Detainer Clinic is held Monday through Friday from 9AM to 12:30 at the Southbay Courthouse, 500 West Third Avenue, 1st Floor, Room 155, Chula Vista, California.

For East County residents, Unlawful Detainer Clinic is held Mondays, Wednesdays, Fridays from 8:30AM to 12 noon and Tuesdays and Thursdays from 9:30AM to 12 noon at the East County Courthouse, 250 East Main Street, 1st Floor next to Department 1, El Cajon, California.

For Central residents, Unlawful Detainer Clinic is held Monday through Friday from 1PM to 3PM and Tuesdays and Thursdays from 9AM to 12 noon at the Hall of Justice, 330 West Broadway, 2nd Floor, Civil Business Filing Office, San Diego, California, 92101.

For North County residents, Unlawful Detainer Clinic is held Mondays and Thursdays from 12 noon to 3PM in Department 35-Annex at the North County Courthouse, 325 South Melrose Drive, Vista, California 92081. Spanish-speakers must bring a translator.

For more information regarding attorneys that represent tenants, visit us at www.tenantdefenders.com.

This article is for informational purposes only and does not constitute legal advice since it does not apply to any particular case, situation, or set of facts.

San Diego Tenants Right to Know Regulation

noreply@blogger.com (Anonymous) — Fri, 15 Oct 2010 23:58:00 +0000

Are there any laws in San Diego that prevent a landlord from evicting a tenant?

In California, there are no statewide laws that prevent a landlord from evicting a tenant, provided that the landlord gives the appropriate written notice to terminate. There are many cities that have enacted ordinances to protect tenants and limit how and when landlords can raise rents and evict tenants. The City of San Diego does not have any rent control, however, The Tenants Right to Know Regulation is a San Diego Municipal Ordinance enacted in 2004 that provides residential tenants with some protection against arbitrary evictions.

The ordinance requires that if a tenant has lived at the same residence for at least two years, then a landlord wishing to terminate the tenancy must provide a written notice that explains why the tenancy is being terminated. Note that this law does not apply to non-payment of rent cases, which can be brought by a landlord if the rent is due and unpaid after giving three days written notice to the tenant demanding the payment of rent.

The Tenants' Right to Know Regulation includes a list of permissible reasons why a landlord may evict even a long-term tenant. If your landlord is trying to evict you for a reason that is not included among the acceptable reasons listed, or doesn't list a reason at all, then you have a right to demand the reason why the tenancy is being terminated, and if your landlord attempts to evict you with giving a valid reason, then you have a legal defense in court. Contact a us at www.tenantdefenders.com.

The text of the regulation in full follows below.

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations

Article 8: Housing

Division 7: Tenants’ Right to Know Regulations

§98.0701 Purpose of Tenants’ Right to Know Regulations

The purpose of these regulations is to promote stability in the San Diego rental
housing market and limit adverse impacts on long-term residential tenants displaced
and forced to find replacement housing in the expensive and limited San Diego
housing market. The regulations protect the rights of long-term residential tenants by
limiting grounds for their eviction and requiring landlords to provide notice of such
grounds. The rights conferred by these regulations are in addition to any provided in
state or federal law.

§98.0702 When Tenants’ Right to Know Regulations Apply

This division applies to the rental of any rental unit (as defined in section 98.0720) in
the City except as specifically exempted in section 98.0725.

§98.0720 Definitions

The following definitions apply to the administration and enforcement of this
division:
“Condominium” means the same as defined in sections 783 and 1357 of the
California Civil Code.
“Landlord” means an owner, lessor, sublessor or any other person or entity entitled to
offer any residential unit for rent or entitled to receive rent for the use and occupancy
of any rental-unit.
“Resident manager” means a person who resides on the premises and is employed to
perform or to be responsible for the operation and/or maintenance of the rental-units
on the premises.
“Rental-unit” means a room or a group of two or more rooms designed, intended, or
used for human habitation. Rental-units include apartments, condominiums, stock
cooperatives, single-dwelling units, and hotel units not exempted under section
98.0725.
“Single-dwelling unit” means a single detached structure containing one dwelling unit
for human habitation and accessory buildings appurtenant thereto located on a lot or
parcel and all housing services provided in connection with the use or occupancy
thereof.
“Stock cooperative” means the same as defined in California Business and
Professions Code section 11003.2.
“Tenancy” means the right or entitlement of a tenant to use or occupy a rental-unit.

§98.0725 Exemptions

The following shall be exempt from the requirements of this division:
(a) Institutional Facilities. Housing accommodations in any hospital, convent,
monastery, extended care facility, asylum, nonprofit home for the aged,
fraternity, or sorority house, housing accommodations owned, operated, or
managed by a bona fide educational institution for occupancy by its students
or rental-units that require intake, case management or counseling and an
occupancy agreement as part of the occupation.
(b) Agency Owned or Subsidized Units. Any rental-unit owned, operated, or
subsidized by any government agency, and which is therefore subject to
substantially similar or greater state or federal eviction controls.
(c) Rooms Rented to Boarders. A rental-unit in which the landlord owns the
rental-unit, shares kitchen or bath facilities with the tenants, and also occupies
the rental-unit or a unit in the same building as his or her principal residence.
(d) Rental-Units in Hotels, Motels, or Rooming Houses Rented to Transient
Guests which do not qualify as Single Room Occupancy Hotel Rooms
pursuant to San Diego Municipal Code Chapter 14, Article 3, Division 5.
(e) Mobile Homes. Mobile homes subject to Mobilehome Residency Law
(California Civil Code, Chapter 2.5).
(f) Transient occupancies defined by California Civil Code section 1940(b).

§98.0730 Termination of Tenancy

A residential tenancy of more than two years duration shall not be terminated, nor
shall its renewal be refused, except for one or more of the following reasons:
(a) Nonpayment of Rent.
(b) Violation of Obligation of Tenancy. The tenant has violated a lawful and
material obligation or covenant of the tenancy, except that the following may
not be grounds for termination or nonrenewal of a tenancy:
(1) The failure to surrender possession of the rental-unit upon the
expiration of a specified term, except as provided in
section 98.0730(e);
(c) Nuisance. The tenant is committing a nuisance or permitting a nuisance in, or
is causing damage to, the rental-unit or to the appurtenances thereof or to the
common areas of the housing complex containing the rental-unit, or is
creating an unreasonable interference with the comfort, safety, or enjoyment
of any of the other residents of the housing complex.
(d) Illegal Use. The tenant is using or permitting the rental-unit to be used for an
illegal purpose.
(e) Refusal to Renew Lease. The tenant who had a written lease or rental
agreement which terminated on or after April 26, 2004 has refused, after
written request by the landlord, to execute a written extension or renewal
thereof within the written period prescribed by the lease or state law for a
further term of like duration with similar provisions.
(f) Refusal to Provide Access. The tenant has refused to give the landlord
reasonable access to the rental-unit for the purpose of making repairs or
improvements, or for the purpose of inspection as permitted or required by the
lease or by law, or for the purpose of showing the rental-unit to any
prospective purchaser or mortgagee.
(g) Correction of Violations. The landlord, after having obtained all necessary
permits from the City of San Diego, seeks to recover possession of the rentalunit
for necessary repair or construction when removal of the tenant is
reasonably necessary to accomplish the repair or construction work.
(h) Withdrawal of Residential Rental Structure from the Rental Market. The
landlord intends to withdraw all rental-units in all buildings or structures on a
parcel of land from the rental market.
(i) Owner or Relative Occupancy. The landlord, or his or her spouse, parent,
grandparent, brother, sister, child, grandchild (by blood or adoption), or a
resident manager plans to occupy the rental unit as their principal residence.

§98.0750 Notice to Tenant

Any landlord who attempts to terminate a tenancy pursuant to any of the grounds set
forth in section 98.0730 shall provide the tenant a written notice to quit or terminate
which recites the grounds under which the landlord is proceeding. The landlord shall
provide the notice prior to or at the same time as the written notice of termination set
forth in Civil Code section 1946, or a three-day notice described in Code of Civil
Procedure sections 1161 and 1161a, is served on the tenant

§98.0760 Affirmative Defense

In any action by a landlord to recover possession of a rental-unit, the tenant may
raise as an affirmative defense any violation or noncompliance with the provisions of
this division.

If you live in the City of San Diego and have received a notice to terminate your tenancy that you believe violates the City ordinance, then you should talk to an attorney about your situation.

Speak to a tenants lawyer about your situation

Introduction to Tenant Defenders

noreply@blogger.com (Anonymous) — Fri, 15 Oct 2010 23:22:00 +0000

The purpose of this blog is to provide information to tenants living in California, and especially in San Diego, with information regarding tenant rights, to provide links to resources and professionals that assist tenants with legal disputes.

I am attorney working in the historic Barrio Logan just south of downtown San Diego at a firm that specializes in tenant rights and consumer advocacy including defending against unlawful collections lawsuits, auto fraud and deceptive trade practices.

Please visit our website at http://www.tenantdefenders.com to learn more about us.