LIGHTNING RELEASES (San Francisco, CA) – February 3, 2014 – The Law Offices of Bornstein & Bornstein, a boutique real estate firm with offices in San Francisco and Oakland, continues to live up to its deserved reputation as Bay Area’s premier advocate for residential property owners. The firm kicked off the New Year by securing a court trial victory over a difficult tenant whose destructive actions disrupted his landlords and neighbors to great lengths.
Case reference: Wong v. Lee, SF Superior Court Case CUD-13-647271
Standing before Judge Harry Dorfman of the San Francisco Superior Court, Bornstein & Bornstein attorney, Daniel Cheung, conducted a three day trial seeking the removal of a tenant from the premises due to the tenant’s misuse and destruction of the rental property. The tenant and his friends excavated enormous holes in the rental property’s backyard, one of which was around 15 feet long by 8 feet wide and over 6 feet deep. Despite being served notices to either cure their nuisance or leave the property, the defendants made no effort to fill in these dangerous holes. The tenant, in fact, continued to enlarge the holes. The defendant argued that he was entitled to “landscape” the backyard as he sees fit, believing that his freedom as a tenant is more important than the safety of others.
On behalf of the landlords, an elderly Chinese American couple who primarily spoke Cantonese, Daniel Cheung, Esq. successfully rebutted the tenant’s arguments. At trial, Mr. Cheung succinctly directed the landlords’ testimonies and conveyed to the court that once the landlords discovered the tenant’s dangerous excavation project, they promptly contacted Bornstein & Bornstein to serve “10-Day Notices to Cure or Quit” upon the tenant. The couple explained that after the 10-day notices had expired, they found that the tenant had made no effort to restore their backyard to its normal state. The court found that the tenant’s acts fit legally into the nuisance category that remained uncured after the notice period had expired, and thus returned a verdict in the landlords’ favor.
Faced with an unreasonable tenant, the landlords once felt powerless to stop the destruction that existed at their property. However, relying on the skill and experience of Bornstein & Bornstein, the owners succeeded in securing a court judgment permitting the eviction of the defendants.
Bornstein & Bornstein has expertise in civil litigation, unlawful detainer disputes and/or broker/agent claims, with the resources available to manage real estate disputes to successful resolution – either through negotiated settlement or, if necessary, trial.
Daniel Bornstein at d[email protected].
If Cantonese is your primary language, you may contact Daniel Cheung at [email protected].
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