The Property Management Shop
by Marc Wilson
Q. I was shocked, appalled and disappointed to see that another one of SFAA’s associate members is an attorney representing a tenant against a landlord who is also an SFAA member. This associate member has filed a report of wrongful eviction against one of your own SFAA members. The claim is the result of the property owner/SFAA member taking away the tenant’s garage, with a corresponding $100 reduction in rent. This property owner appears to be a nice person and claims to be a longtime supporter of the SFAA. I think the property owner/SFAA member deserves better treatment from the SFAA and the attorneys that purport to represent the interests of your membership. Why do you let attorneys who also represent tenants advertise in your magazine? Do you have any policy for confirming the reliability of your advertisers?
A. I do not have anything to do with who does or does not advertise in this magazine. This does not, however, mean that I do not have an opinion on the matter. Perhaps some attorneys who advertise in this magazine represent both tenants and landlords. Equally true, some insurance agents that advertise in this magazine also represent both tenants and landlords. Is it possible that one of the real estate agents who advertises in this magazine has ever represented a tenant? I myself once sold a condominium to a tenant. Are you “shocked, appalled and disappointed?”
The fact is that tenants are always suing property owners in this town. The amount of frivolous tenant-originated lawsuits today leaves me absolutely “shocked, appalled and disappointed.” I do not, however, blame the attorneys for this litigation. I blame San Francisco juries and San Francisco voters. The lawyers are only trying to make a living in an environment that has been created by San Francisco juries and voters. The San Francisco Rent Board, and the litigation that it causes, is an institution that could, given the political will, go out of existence tomorrow. For whatever reason, San Francisco voters and juries are not yet “shocked, appalled and disappointed” by the amount of landlord/tenant litigation in this town. Landlords and tenants will continue to be involved in meaningless and senseless litigation until such time as the voters, juries and insurance companies in this town get a belly full.
When an attorney represents a tenant in a lawsuit, he or she is not doing so because he is necessarily pro-tenant, anti-landlord or otherwise evil—he is doing so because he needs to make a living. The fact is that the tenant in question was going to sue the landlord in question. The only question is who will generate the legal fees? Would the SFAA’s refusal to take advertising dollars from tenants’ attorneys put a stop to this litigation? Are attorneys who represent only landlords somehow more qualified to represent landlords? I don’t think so. In fact, the opposite might be true. I would think that an attorney with experience representing and understanding litigious tenants might be advantageous and possibly more empathetic toward the needs of landlords. My experience is that most of the advertisers who appear in the San Francisco Apartment Magazine are hard working, capable and honest. Despite this, you should always ask for multiple references before you hire any vendor.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Marc Wilson has been managing and selling San Francisco apartment buildings for over 15 years. Please send your questions concerning property management issues to Marc Wilson at 1699 Van Ness Avenue, San Francisco, CA 94109. He can be reached at 415-229-1275. Copyright © 2004 by San Francisco Apartment Magazine. All Rights Reserved.