Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have lived in this apartment years under rent control in…

Customer Question
I have lived in this...
I have lived in this apartment for 30 years under rent control in San Francisco. For 29 of those years no complaints have come to me regarding the number of plants on my deck. [even during the deck rebuilding and painting of the building 2 years ago]. Now I am getting letters telling me that I must remove all but 2 to 3 plants due to fire and health hazards. The plants are mostly of the flowering variety. Now they are threatening to remove my plants and bill me for the removal. My deck is 16 feet above the ground. No access unless entering my apartment or using a very tall ladder. Is this LEGAL or harassment?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
2/11/2016
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 31,967
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

Good afternoon. Can you share with me the basis for which they are asking for you to remove these? Did they get notified by the city or are now just enforcing the rules?

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
No No notices from the city they would have included anything to support the demand
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

Thank you for the additional information. If they are now starting to enforce this and have a basis for it ( i.e. fire and health hazards), then it would be deemed legal. If they were just saying to remove them because they do not like the way they look, it would be a different story but when there are safety issues/hazards, it must be complied with or else I am inclined to believe they will fine you to compel you to act. Even though the deck is that high, it may have to be used to enter or exit in the event of an emergency and if the plants will not allow it, they have a right to ask that they be removed. I know it is not what you were hoping to hear but I have an obligation to be upfront with you as it appears there is a legitimate reason for their request which outweighs your ability to use it and keep all the plants there.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,967
31,967 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
What are the penalties for renting an apartment without a
What are the penalties for renting an apartment without a Certificate of Occupancy due to finalizing of an easement agreement. Nothing with the physical. … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
I moved in to an apartment that is not what it was
I moved in to an apartment that is not what it was advertised to be. I have been here a month and it has mold & mildew issues, after market & broken appliances (advertised as LUXURY apartments), bugs … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I currently rent a rent controlled apartment in NY city. the
i currently rent a rent controlled apartment in NY city. the monthly rent is $1k for a two bedroom with a 2 year lease. the building was just sold for $7m and the new owners contacted me to see if the… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,848 satisfied customers
When an apartment property is purchased by a new owner how
When an apartment property is purchased by a new owner how long do they have to give the tenants notice that they have bought the property? … read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
I just moved in this apartment and now there is three non
I just moved in this apartment and now there is three non emergency repairs needed. I just talked again with them and they said the work order has been filed and they would be in touch with me. I told… read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
I live in a 3rd floor apartment building and in the summer
Hello, I live in a 3rd floor apartment building and in the summer months is extremely hot and uncomfortable. The hottest that is has gotten has been 94 degrees within my apartment. I wrote the propert… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
I work as a driver for limousine company and rent apartment.
Hi, I work as a driver for limousine company and rent apartment … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
My daughter signed a lease for an apartment in March that
My daughter signed a lease for an apartment in March that starts August of 2018. Since she signed the lease, that company sold the apartment complex. She does not have any form of mutual agreement or … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I just mved out of an apartment and they are trying to
i just mved out of an apartment and they are trying to charge me to paint the place and replace the carpet when nothing was wrong with the place what is the law on this … read more
RealEstateAnswer
RealEstateAnswer
Lawyer
31,967 satisfied customers
The upstairs neighbor's apartment was condemned infested..
the upstairs neighbor's apartment was condemned infested.. and they know he had fleas.. I kept my mouth shut and fought the problem if an infestation for 2 years, until i found out where they originat… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
I have been living in Reno Visa Ridge Apartment. Last year
I have been living in Reno Visa Ridge Apartment. Last year they increased my rent by $ 100.00. This year my lease expires on June 30th and they want to increase my rent by $ 225.00 m. Can they do that… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,963 satisfied customers
I have a landlord in a non-rent-controlled building and he
I have a landlord in a non-rent-controlled building and he raises everyone's rent 3% but every year, he raises mine 5%. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
I just moved out of an apartment. The entire apartment was
Hi! I just moved out of an apartment. The entire apartment was cleaned - vacuumed, mopped, wiped all that … read more
RealEstateAnswer
RealEstateAnswer
Lawyer
31,967 satisfied customers
I have property in Los Angeles county under rent control. I
I have property in Los Angeles county under rent control. I learned about the Costa Hawkins act that allows me to raise rent to market value as long as the property is a condo. I had a lawyer send out… read more
socrateaser
socrateaser
1,031 satisfied customers
I have been living in my rent controlled apartment for 6
Hi Pearl! I have been living in my rent controlled apartment for 6 years. I was just informed by my landlord that he intends to sell the building. He bought it 6 years ago when I moved in, and is set … read more
socallegalwork
socallegalwork
95 satisfied customers
We live in an apartment. These apartments all have nice
Hi, we live in an apartment. These apartments all have nice backyards and we were told we could do whatever we wanted with the yard once we moved in. We planted 3 queen palms in front of our bedroom w… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm a tenant at an apartment complex, the apartment complex
I'm a tenant at an apartment complex, the apartment complex has served me a 3 day eviction notice for "slamming doors" and they now, with the complaints of other neighbors, are saying there is proof o… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
31,967 satisfied customers
Under rent control in Los Angeles, is there a limit as to
Under rent control in Los Angeles, is there a limit as to the number of months the landlord can specifiy past due e.g. 12 months? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x