8 Steps to Fighting Uninhabitable Conditions

Many renters live in uninhabitable circumstances. Here’s a quick view of what you need to protect your rights:

1. Determine if conditions are really uninhabitable. Think: water running into home, rat or insect infestation, mold, dangerous electrical, etc.

2. Be prepared to move out. If the situation is truly bad, you will call government officials [...]

Attorney fees in habitability cases

From Eviction Defense Manual: CCP 1174.21 provides that a landlord who brings an unlawful detainer action based on nonpayment of rent and who violates the habitability standards in CC 1924.4 must pay the tenants’ reasonable attorneys fees and costs.

Advice for landlords: 12 steps to becoming lawsuit-proof

Great article on iStock Analyst offering “12 Ways to Avoid Real Estate Lawsuits.” I love this article as an attorney who handles both sides, because the 12 steps boil down to a simple philosophy: Do right by your tenant, follow the law, be a professional! Here are some of the steps that prove that point: [...]

Supreme Court nixes quantity limits for medical marijuana

How much pot can you possess courtesy of a medical marijuana card? The answer used to be straight-forward: eight ounces of dried pot, 6 mature or 12 immature plants.

No more. Last month the California Supreme Court ruled that those limits, approved by the Legislature in 2003, are unconstitutional. Every person can have a “reasonable” [...]

Sebastopol cracks down on parents who allow teen drinking

Sebastopol, California passed a “social host” law this week, the Press Democrat reports, which could expose parents who allow drinking – or should reasonably have known drinking is happening on the premises – to criminal prosecution. “This legislation would endanger the lives of my friends. Right now teenagers are drinking in bedrooms and garages, in [...]

New courthouse in downtown Santa Rosa?

Above: The Soviet-style hulk that is the Hall of Justice

The Press Democrat reports that a new $240 million criminal courthouse is in the works, to be built either on the site of the current downtown Post Office or on Administration Drive, near the “overcrowded and unsafe” white elephant called the Hall [...]

BK filings up 21%

Bankruptcy filings in January 2010 were up a whopping 21% over last January, according to an automated review of court records, Bloomberg reported.

The number one state for personal bankruptcy: Nevada, followed by Georgia, Tennessee, Alabama, and Michigan.

Don’t wait until the bitter end for bankruptcy

Personal bankruptcy makes the most sense when done at the beginning of financial difficulties, not at the bitter end, as several attorneys tell the Kalamazoo News. “Most people, being honest and decent, exhaust every possible resource and it’s only when they’re at the bitter end they come in” said Paul Davidoff, a Kalamazoo bankruptcy attorney. [...]

Client kudos: Breach of lease defense

Former clients of mind posted this nice comment on Avvo.com. This was a breach of contract matter where a small business had been forced to close up shop in the recession, thus breaching a long-term commercial lease. Here’s what they said. Our business was forced to close its doors during the economic downturn, and Mr. [...]

Quick guide for tenants at Avvo

I posted another legal guide at Avvo.com. There are so many people I talk to who have suffered serious problems but they failed to create a paper trail of providing proper notice. This makes it very difficult to take their cases, so I am urging tenants to get some kind of counsel, from your Legal [...]