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This books is a collection of commentaries on elements necessary to consider in issuing an eviction notice in San Francisco. Sufficiency of an eviction notice is a question of success or failure of the entire eviction process. It is not just a piece of the puzzle, it is a fundamental cornerstone. While the landlords can fail elsewhere, without a proper notice they may not succeed. It is even more so in the City and County of San Francisco, a municipality with an enforced eviction control, where the local ordinace dictates which properties and what kinds of eviction are regulated on the county level, and what is required of an eviction notice to be enforceable. Drafting a notice is the eviction’s first step, and it should be done right. This book educates on how to find—or better, avoid—common mistakes made by the notice drafters. The material is equally useful in defense, helping to identify noncompliance in someone else’s notice. The author hopes its readers will enjoy the book. This is the first installment, it covers requirements for eviction notices issued for “for-fault” evictions, the first nine “just causes” available under the San Francisco eviction ordinance. Next publication will address the “no fault” evictions.
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Alex Volkov grew up in the Soviet Union, back when private real property ownership was a rarely used concept. When Alex moved to the United States, he was amazed with the way real property is treated there. In 2003, together with his partner, Alex Rabinovich, he started experimenting with the real estate, learning from own steps and missteps how the system works. It started with investing in bare land, later advancing into the residential arena, becoming a San Francisco landlord in 2004. By 2006 Alex faced the task of handling his first eviction of a non-paying tenant. It was a true "on-the-job-training," in learning the process and discovering how nuanced it is in San Francisco. The learning curve was neither short, nor strong, but it laid a foundation of Alex's experience of the subject, and the exploration had never stopped. It helped a bit that Alex had a law degree he earned in Russia back in 1997, yet he still felt compelled to learn the real property law in the US jurisdiction. He did just that, graduating with L.L.M degree from the Golden State University, San Francisco, in 2010. In 2011 Alex joined the California bar. As a practicing attorney, Alex gains an edge by complementing his legal skills with the practical approach of a landlord. This helps in assessing a given problem from more than one standpoint, highlighting unexpected solutions. In one case, it helped to resolve a seemingly standard partnership dispute by litigating it as an eviction; in another, it turned an ordinary co-ownership partition lawsuit into a successful recovery of property by quieting title through adverse possession action. Alex shares his unorthodox perspective with his readers. It might sometimes mean reporting on solutions not widely recognized, or suggesting a practical approach over a legal theory, or informing about an inconsistency found in some of accepted theories--in every case Alex strives to deliver the message, leaving it up to the reader to choose what path to take.
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