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Need to understand my rights as a tenant

June 2008

I'm looking for an attorney who can help me understand my rights as a tenant regarding landlord/tenant boundaries. I rent a house in Oakland with my two children and my landlord lives downstairs. She is entering my unit when I'm not there, telling my kids to do things for her, stopping the mail without my knowledge, etc. I spoke to my landlord regarding the about. She agreed not to do them but over time, she forgets. To help her remember, I put it in writing which made things worst. She got upset and told me, ''itbon the network are from 1999.s MY house!'' I want my landlord to know that she is my landlord and nothing more. She is not a family member or friend. Or am I being too hard on her? Does anyone know of an attorney who deals with landlord/tenant boundaries? Thank you


Hi there, My husband is a property attorney and stated that your landlord is in the wrong, but that it probably wouldn't make sense for you to pay his firm $275/hr to take the case and suggested you start with the below resource: http://www.oaklandnet.com/government/hcd/rentboard/index.html Best of luck.
Check out Nolo.com or go to your library and look for their book, California Tenant's Rights. It should tell you everything you need to know and how to handle it for much less than a lawyer. Cris

Need help dealing with my landlord

Nov 2006

My housemates and I are looking for help dealing with our landlord. We've had a difficult time getting the most basic repairs made (leaking roof, rotting deck, etc.). We'd like to find a lawyer or other person or organization that specializes in tenant/landlord issues. We live in Oakland, so it would need to be someone that is familiar with tenant rights in Oakland. Thanks for any suggestions Diane


It was several years ago, but I had a wonderful experience with Andy Cohn in Berkeley. I went to him as a landlord, but I know he also represents tenants, and has worked several cases in Oakland. I went to him because I had very difficult tenants that had violated their lease, and when confronted, not only denied the infractions, but made threatening remarks to me. I was very impressed with how skillfully Andy defused the situation, and was able to negotiate an outcome that everyone accepted - without having to go to court. I always felt that Andy had my best interests at heart, while also being fair to my tenants.

His contact information is: Andrew S. Cohn 1942 University Ave, Suite 206 Berkeley, CA 94704-1024 510-841-4796

Also, have you looked into tenants-rights organizations? I had a friend that worked for one in San Francisco that offered free legal services to tenants - there may be a similar organization in Oakland -former landlord, not the evil kind


I don't have any attorney referrals but wonder if you have tried contacting a City housing inspector. In Berkeley, if your landlord refuses to fix serious problems with the unit's condition, you can request a City housing inspection. If the landlord is cited for housing code violations, the landlord must correct the violations and face fines if s/he does not. There is probably a similar process in Oakland. Try contacting the Code Compliance Division of the City of Oakland's Community & Economic Development Agency (CEDA). Start at the main webpage, http://www.oaklandnet.com. Under State law, tenants have a ''repair and deduct'' remedy, found in Civil Code section 1942. It is quite specific and certain procedures must be followed. You can find the text of this section at www.ci.berkeley.ca.us/rent/OrdRegs/civ1942.html Good luck Anon

Attorney who specializes in landlord / tenant disputes

July 2004

Hello - I am looking for updated recommendations on attorneys specializing in landlord / tenant disputes. Thanks for your help! Jane


There is a law firm in Oakland called Fitzgerald Abbott & Beardsley and they do landlord/tenant disputes. It's a very well-respected firm with great attorneys. They've been around for a million years
av
Your message doesn't specify whether you are a landlord or tenant. Many attorneys specialize in one side or the other. If you are a tenant having a problem with your landlord, I suggest you call Robert DeVries at (415) 546-5100. He is very experienced in tenant representation. Ann
I'd highly recommend Jeffrey Carter in downtown Berkeley for landlord/tenant disputes. His office number is 510-548-4774.
Here are some recommendations for landlord/tenant matters:
Stewart Schwartz - 510-548-8585 - Does property owner disputes 
and may do landlord/tenant disputes
Zona Sage - 510-420-1410 - does tenant side - usually big cases
Leah Hess - 510-451-3103 - tenant side
Sally Elkington - 510-601-0404 - tenant side
Ron Wong - 510841-9664 - landlord side
Amy
I recommend Michael St. John. He's actually a mediator, not a lawyer but he was very helpful to us in negotiating a tenant/landlord problem. He took a measured, realistic, ''win- win'' approach. We ended up paying our tenant to vacate. She got a good chunk of money and we got to move into the unit. I think everyone was satisfied. He's a long-time Berkeley resident and very knowledgeable about rent control. Phone number for St. John Associates is 510 845-8928 happy dweller

Lawyer for Berkeley eviction

August 1999

Would like referrals to lawyers experienced in assisting with renter's rights in Berkeley (specifically eviction).


I hope you have been to the Berkeley Rent Stabilization Board. There are very specific "just causes" for eviction in Berkeley, and the rent board can determine if the causes apply in your case. The number of evictions in Berkeley has *tripled" this year because of the new vacancy decontrol regulation! Becky
I'd like to recommend Bill Simpich 444-0226 in Oakland. I used him for a lawsuit against a landlord and settled to my satisfaction. He is a great negotiater. He often seems to be very busy but, in the end, worth it I found.

Another good tenant attorney is Sally Elkington on Telegraph in Berkeley, located next to Mama Bears. Her number is 601-0404. Good luck. Dylyn


My husband, Timothy Rumberger, is an excellent tenant's rights attorney with ten years experience practicing in Berkeley. He is always busy, but I know he would be willing to discuss any questions you may have about your eviction or any affirmative claims you may have against your landlord. It may take him a while to get back to you just now. We have a two-month old and we're still not getting much sleep. His number is 510-841-5500 and his office is at Center & Shattuck in Downtown Berkeley.
Berkeley Community Law Center works with tenants who qualify for free services due to income. I am sure that they can rec. a good lawyer if your income disqualifies you from receiving free services. The berkeley rent board may also be able to rec. a good lawyer. Jeremiah
I would also like to recommend a very good, experienced tenants' rights attorney, Phil Rapier (who's also a very nice person). His number is 510-444-6262. He graduated from Boalt Law School in 1983. He may, however, be on vacation right now. Karen
There's only one who is the best and most reasonably priced: for 30 years everyone knows that's Jeff Carter in Berkeley. I founded the Berkeley Tenants Union and I've known him since '69. I get no benefit from this rec. He's just the sweetest and smartest guy. I won't even tell him I posted this. We're friends because of our parenting.
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