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There exists an inherent conflict between a landlord and his/her tenant. This conflict arises because both parties claim an interest in the same property, and those interests frequently diverge. Landlords generally view their rental property as income producing property, and seek to maximize their income. Tenants, on the other hand, view their apartment as their home and sanctuary.Landlords may seek to maximize their take by minimizing maintenance expenses, whereas tenants want their home maintained in a sufficient manner, and at a minimum, in compliance with applicable law. These divergent interests are a breeding ground for disputes, and lawsuits.
In cities that have passed rent control ordinances, such as San Francisco, Oakland, and Berkeley, the potential for conflict between landlord and tenant increases exponentially.
California rent control ordinances are certainly helpful to tenants as they impose restrictions on annual rent increases, but they are flawed in one very important respect. Rent control ceases when the tenant moves out allowing the landlord to immediately increase the rent to as high as the market will bear. This creates an incentive for landlords to seek to remove long-term rent controlled tenants, and landlords can be very creative in their methods.
However, the law places limits on landlords who would like to remove long-term tenants. For example, landlords are required to maintain properties such that they are fit for human habitation. And, in cities with eviction control ordinances, landlords may only evict a tenant if they have a specific "just cause", and in certain other limited circumstances.
If you are experiencing difficulties with your landlord, particularly if you live in a rent controlled jurisdiction, have a long-term tenancy and suspect your landlord is attempting to force you out either through negligent maintenance or perhaps more overt activities, you should consider consulting an attorney. I stand up for tenants' rights, and am an aggressive litigator. Call 415-865-0212 today for a free initial consultation.
