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This decision affirms a JNOV entered after the jury awarded the tenant $600,000 for an eviction on an owner-move-in, alleged to have been in bad faith in violation of San Francisco's rent control ordinance.  The decision holds the "good faith" for this purpose relates only to the owner's  desire to occupy the apartment as his or her primary residence on… Read More

A holdover tenant is no longer in contractual privity with the landlord; so although the holdover tenancy is presumed to continue on the same terms as the preceding lease, only essential terms of the preceding lease are presumed to carry forward—and a right of first refusal is not one of these essential terms. Read More

A new owner that succeeds to rights under an existing lease must disclose information about itself within 15 days of succeeding to the prior owner and may not serve a three-day notice to quit based on rent that fell due during any period of noncompliance by the successor owner with that requirement, but this rule does not apply to a… Read More

While a title isn't normally supposed to be an issue in an unlawful detainer action, under the Ellis Act the trial court should have considered relevant evidence of the landlord's phony sale of another unit in considering the landlord's intent to withdraw the building from the rental market (or not). Read More

A tenant was entitled to judgment in this unlawful detainer action because the landlord’s 3-day notice to quit included in the sum demanded to cure the rent default a $50 late fee and the landlord failed to prove at trial the fee was not an illegal penalty. Read More

Civ. Code 1942.5(d) and (h), which grant a tenant a cause of action for a landlord's retaliatory eviction create an implied exception to the litigation privilege since otherwise the anti-retaliation statute would be rendered toothless; so tenant survived landlord’s Anti-SLAPP motion. Read More

A landlord is not liable for damage to property belonging to a tenant at sufferance, who was holding over without paying rent and was being sued for unlawful detainer at the time of the damage. Read More

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