The allies of landlords, property managers, and real estate professionals. 

The law has become very specialized and nuanced. When shopping for an attorney, a fair question to ask is, “Do you practice landlord-tenant law on a daily basis?”

Managing rental relationships is all we do, and we do it well.

 

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Full-service law firm leading the charge of protecting the rights of property owners and resolving thorny landlord-tenant disputes

With the growing number of regulations and notice requirements, and the potential for tenants to fall behind on rent or breach other lease terms, landlords are increasingly likely to need legal counsel at some point during the life of a rental property.

Fortunately, housing providers facing challenging tenants or other legal obstacles can rely on the informed guidance of Bornstein Law. With offices in San Francisco and Oakland, our team takes pride in helping landlords resolve disputes efficiently and confidently.

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Our valued clients, referral partners, and colleagues say it best.

For the better part of three decades, Bornstein Law has helped rental property owners and their agents power through their challenges, and we've met many friends along the way.

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Actionable insights to prepare for the New Year

NEWSROOM
We raise the voice of rental housing providers

Although the political rhetoric nowadays falls squarely on the side of tenants, Bornstein Law offers a fresh perspective through the lens of underrepresented property owners. Numerous media outlets have called upon us to articulate the unique challenges of landlords.

IN THE MEDIA

 

 

 

Articles for astute property owners and real estate practitioners

We are unaware of any other law firm so prolific in disseminating articles on topics germane to landlords and the professionals who serve them.

 

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Miss a beat? View our archive of our weekly email broadcasts and subscribe to stay in the know. 

Read past email blasts we religiously send out every week and join our burgeoning family of subscribers. In the pro-tenant state of California, housing providers and real estate professionals are urged to keep up to date on legal developments that impact their business.

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AT A GLANCE
Practice Areas

 

At-Fault Evictions
In the lifespan of a tenancy, residents have ample opportunity to violate the lease or engage in behavior that justifies eviction under state and local laws. Aside from nonpayment of rent, there are a myriad of other transgressions that could constitute a breach of the lease, such as nuisance or criminal activity, subletting the premises without permission, unauthorized alteration, denying lawful entry, and other reasons why a problematic tenant can be transitioned out.

Tenant Buyout Agreements
When there are no legal or convenient means to evict, landlords and tenants can engage in a meeting of the minds to negotiate a tenant surrender of possession agreement whereby the tenant vacates voluntarily in exchange for compensation. More than “cash for keys,” a properly prepared agreement releases all claims from the tenancy while giving landlords the upside potential of raising rents to market rate. In certain locales like San Francisco, Oakland, Richmond, and Berkeley, it is more than a gentlemanly handshake – these agreements are highly regulated.

Rent Increases
With the rising costs of operating a rental housing business, it is no wonder why landlords want to raise rents, but they are often constrained by how much the rent can be raised and the frequency of rent increases. While statewide rent control is more generous in terms of how much rents can be raised, several jurisdictions in the Bay Area have placed more constrictive limitations on rent hikes that must be followed to the letter. At any rate, proper notice must be served.

Licensee Evictions
Not every occupant is entitled to tenant protections. Rather, they are licensees who have permission to be on the premises and the property owner can revoke that right at any time. This is commonplace where an adult child still resides in the household because they are struggling in life. It is also prevalent when heirs and caregivers overstay their welcome after the property owner passes away. When there is no lease or rent exchanging hands and there is no tenancy, these licensees can be removed through a forcible detainer action.

Reviewing and Drafting of Leases
A rental agreement should be a living, breathing creature, but a recurring theme in our practice is landlords and property managers using stale, outdated lease agreements that do not account for evolving changes in the law. Housing providers must use lease agreements that ensure clarity and protections for both parties, address new living arrangements, incorporate new property rules and policies, and shield the owner from liability. If there are any donut holes in the current lease, the terms of the tenancy can be changed with proper notice.

Preparation and Service of Notices
Procedural errors in the drafting of notices are a surefire way to delay or lose a case, and tenants’ attorneys are adept at spotting them. No matter how strong a case the landlord has against a tenant, a lawsuit can be tossed out if procedural requirements are not followed to the letter. Bornstein Law gets this right the first time. However flawless a notice is, it must be properly served on the tenant and we have this covered, as well.

No-Fault Evictions
In certain circumstances, tenants can be transitioned out of the rental unit through no wrongdoing or fault of their own. Rental property owners can endeavor to recover possession of the unit to move themselves or a close relative into the unit, withdraw the unit from the rental market, substantially repair or renovate the unit, or comply with a government order. Yet no-fault evictions come with a host of procedural requirements and the obligation to dole out relocation payments.

Rent Board Petitions
In several jurisdictions, local rent boards are tasked with airing out landlord-tenant disputes and adjudicating requests from both parties. Tenants can petition for rent reduction when essential services are reduced, challenge rent increases, or claim that they were wrongfully evicted. Conversely, housing providers can seek exemptions from rent control, pass through costs to tenants, or argue for rent increases above allowable units.

Rental Relationships in Unwarranted Units
We know that there are thousands of unpermitted units throughout the Bay Area. As long as there is no acrimony in the rental relationship and the tenant is paying rent, these living arrangements work perfectly fine. Yet when issues arise, the situation can quickly deteriorate and become a costly thorn in the side of housing providers. Proper counsel can assist in bringing the unit up to compliance with building codes, cauterizing risk for owners, buyers, and sellers, and transitioning the tenants out of the rogue unit if need be.

Defending Against Tenant Lawsuits
Tenants enjoy a wide range of protections under state and local laws and when they feel aggrieved, there are no shortage of opportunistic attorneys willing to sue the landlord. Lawsuits are proliferating in the Bay Area with common allegations of habitability violations, illegal rent increases, wrongful eviction, retaliatory actions of landlords, harassment claims, housing discrimination, and a host of other alleged violations. Bornstein Law can defend against them.

Reasonable Accommodations
Fair housing laws require housing providers to provide reasonable accommodations to tenants with disabilities so that there is an equal opportunity to use and enjoy a rental unit. This must be balanced against undue hardships to the landlord in providing these accommodations, so the operative term is “reasonable.” Bornstein Law can assist in tenant requests for emotional support animals, use of cannabis, handicapped accessibility, hoarding behavior, and other accommodations.

Commercial Real Estate
Bornstein Law provides informed advice for commercial property owners on a wide range of issues that include the drafting of lease documents, enforcement or the defense of the rights of parties in commercial lease disputes, and the eviction of tenants. We are also well-versed in handling conflicts that arise over parking issues, common area maintenance fees, and the like. Keep in mind that certain small businesses and nonprofits now enjoy several tenant protections traditionally reserved for residential tenancies.

Our mission is to help housing providers, property managers, and real estate professionals think smartly and strategically about investment properties from an economic standpoint, cauterize risk in an ever-complicated regulatory regime, and provide informed advice when landlord-tenant disputes arise.

Seeing past the horizon of the dispute, our goal is never to elongate the matter but to resolve conflicts as quickly and inexpensively as possible, taking into account time, risk, and attorneys' fees.

Landlording in California can be difficult, but with proper counsel, you can power through your real estate challenges.

 

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