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Tenant's Rights

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Tenant's Rights

As a tenant in the San Francisco Bay Area, you have the legal right to live in a safe, habitable environment, free from unreasonable landlord actions. At The Law Office of Erik Bauman, I am dedicated to protecting and advocating for tenants facing unfair treatment, illegal evictions, uninhabitable conditions, or other housing issues under California’s strong tenant protection laws.

There are many laws in place in California and in local ordinances throughout the state protecting tenants from badly behaving landlords. Tenants have a right to a habitable living space, a right to quiet enjoyment, a right not to be retaliated or discriminated against, a right not to be harassed, and a right to a full legal process when a landlord attempts to evict them. I am dedicated to enforcing these rights against landlords, including through litigation when appropriate. Contact me for a free consultation to see how I might be able to help you.

Understanding Your Rights as a Tenant in the San Francisco Bay Area

Tenants in the San Francisco Bay Area are protected under California state law, local ordinances, and federal regulations. These rights include:

1. Right to Habitable Conditions

Landlords must ensure that the rental property is safe and habitable under California Civil Code §1941.1. This includes addressing issues such as broken heating systems, pest infestations, water leaks, and mold. In San Francisco, landlords must also comply with the Rent Ordinance, which imposes stricter standards for habitability and repairs.

2. Protection Against Unlawful Evictions

You cannot be evicted without just cause under California’s Tenant Protection Act (AB 1482) and local laws like the San Francisco Rent Ordinance. Landlords must provide a valid reason for eviction, give proper notice, and obtain a court order before evicting you. Retaliatory or wrongful evictions are illegal, ancommitted to ensuring that tenants have access to full legal protection when facing an eviction.

3. Right to Privacy

In California, landlords must provide 24-hour written notice before entering your rental unit, except in emergencies. This right to privacy includes protection against unwarranted intrusion, allowing you to enjoy your rental home without disturbance.

4. Prohibition of Discrimination

Under both federal law (Fair Housing Act) and California’s Fair Employment and Housing Act (FEHA), it is illegal for landlords to discriminate against tenants based on race, religion, gender, national origin, disability, family status, sexual orientation, or source of income. The Bay Area also has additional protections to prevent discrimination against LGBTQ+ individuals and other vulnerable groups.

Why Choose The Law Office of Erik Bauman?

At The Law Office of Erik Bauman, I am dedicated to ensuring that tenants' rights are enforced and protected. Whether you are facing issues related to habitability, unlawful eviction, discrimination, or harassment from your landlord, we have the experience to help. We handle cases through negotiation or, if necessary, litigation, to ensure that you live in a safe, dignified environment.

Contact Us Today

If you are facing difficulties with your landlord or believe your rights as a tenant are being violated, contact me for a free consultation. Let me help you protect your home and assert your rights against landlords who fail to meet their legal obligations.

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Anti-SLAPP

If you are being sued because of something you said in public or reported to an authority, reach out immediately to see if California's strong Anti-SLAPP law can help you win your case without paying an attorney.

General Practice

Often getting sound legal advice that avoids or handles conflict without litigation is the best way forward. I excel at helping people and businesses do just that.

faq

Frequently Asked Questions

Do you defend eviction cases?

Sometimes, but the short timelines for evictions make it difficult to take them on, and the costs to hire a private attorney are often too high to make sense. I recommend you first contact non profit organizations that specialize in eviction defense, such as the East Bay Community Law Center, Centro Legal de la Raza, Eviction Defense Center, or Bay Area Legal Aid. They may be able to provide free or low cost eviction defense, and are very skilled and experienced in handling eviction cases.

How much do you charge for a consultation?

It depends on the purpose of the consultation. If it's to determine if you have a case I'll represent you in on a contingency fee, the consultation is free. If you are seeking legal advice on how to navigate a situation, review a contract, or to have me communicate on your behalf, I typically charge a flat fee of $350. There are obviously more variables, but I promise you won't be charged without agreeing to it and knowing what you'll get for your money in advance. I often give 5-10 minutes of simple advice for free, but can't promise to always do that.

Do I have a case you'll take on contingency?

It always depends on specifics, but the first hurdle is expected case value. Small claims in California includes claims up to $12,500 and you aren't allowed to have an attorney represent you in small claims. If your case value is in that range, I will likely direct you to small claims. However, you can hire an attorney to advise you on the laws you can claim under and how to best present your evidence, but that would not be on contingency. I will give a free consultation and explain why I will or won't take your case after reviewing it.

How long does a lawsuit take?

The average case takes between 1 and 3 years. They can be longer or shorter depending on a huge variety of factors and events as the case proceeds, but you should plan on it being a long term commitment. Even with a great case I cannot promise quick resolution; the legal process is not a fast process.

How can I force my landlord to make repairs?

Generally, the best way to force the issue of repairs is through code enforcement in your city. They can levy fines against landlords who don't respond to their citations. It is possible to get a court order for repairs, but the process is not quick and the tenant has a significant burden of proof.

What should I do if I expect to have a legal dispute with my landlord?

Document document document. Put things in writing, especially repair requests; take pictures, be clear and calm in your communications. Write like a jury might read your texts or emails. Don't assume your landlord will agree a conversation happened. Keep copies of all notices and communications with them. I can provide advice tailored to specific situations, and possibly write a letter on your behalf, as part of a paid consultation, but the advice above is universally helpful in all situations.

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