We peel the onion deeper into topics germane to rental housing providers.

 

Landlording on the other side of the pandemic

With the expiration of California's eviction moratorium, landlords can get cash flowing again, but it will not be a seamless transition. Documents are specialized, deadlines are unforgiving and procedural requirements must be followed to the letter. Do not fret - with proper counsel, you can successfully recover from the long, dark winter of COVID.

 

Statewide rent control

In response to grievances against escalating rents, epic commutes, and the fear of gentrification, Sacramento politicians inked the Tenant Protection Act of 2019 (AB 1482). Learn the key provisions of the law here.

 

 

Properly negotiated, enforceable tenant surrender of possession agreements, also known as tenant buyout agreements

Any time a tenant voluntarily vacates the rental unit, it is huge. The property owner can typically raise the rent and we know that a vacant property that will sell higher will sell for a higher price than one that is tenant-occupied.

Through a tenant buyout agreement, the tenant volunteers to leave the premises in exchange for compensation, a rent waiver, the return of the security deposit, or any combination of incentives. The added benefit is the tenant agrees to release all legal claims arising from the tenancy, insulating the landlord from future liability.

 

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Accessory Dwelling Units: These pint-sized units can create big problems

Despite their charm, the planning and construction of ADUs can be fraught with problems. If the unit is being rented out, there are a host of legal concerns. If the landlord is renting out an illegal unit, there are even more minefields to navigate.

 

SOME CONSIDERATIONS

 

Responding to hoarding and unsanitary conditions

Sometimes, a rental unit can go beyond being unkempt and cluttered. The squalor can present serious egress and public health issues that must be proactively addressed

Landlords and property managers need to take immediate action and this may involve reaching out to outside agencies to address the underlying problem.

 

Learn how to make sense of this vexing issue and how to react →

 

San Francisco's Community Opportunity to Purchase Act (COPA)

If you or a client is looking to buy or sell a multi-unit building, be aware that qualified nonprofits must be the first to come to the table and given deference when matching offers from private buyers. Bornstein Law can guide you through a new regulatory regime when buildings with 3 or more units go on the market.

Get a 360-degree view here →
Listen to our audio recording of a seminar →
Download presentation slides on COPA →
Video: Webinar on COPA →
Quoted in the media: Our thoughts on COPA →

 

Owner Move-In & Relative Move-In Evictions

Let's say a property is tenant-occupied. Commonly, new home buyers want to move into the property they just purchased. Or, maybe the existing owner wants to stop playing landlord and recover possession of the rental unit so they can live in the premises themselves. 

In other cases, the owner wants to make way for a close relative. At any rate, it is possible for landlords to transition tenants out of the rental unit so the living space becomes the home of the owner or that of a close relative.

Rest assured, though, that the existing residents cannot just be nicely asked to leave. There are many requirements to recover possession and relocation payments will be needed to ensure a smooth transition for the outgoing tenant. 

 

HOW IT WORKS

 

IN-DEPTH
AIRBNB & SHORT-TERM RENTALS

Ever since Airbnb was born on our home soil of San Francisco, Bornstein Law has been pioneers in the modern-day iteration of the temporary flop. As we predicted, the law has caught up with technology, but risk abounds.

In the media: Daniel Bornstein questions whether peer-to-peer websites are good citizens after being asked to respond to the "Airbnb Mansion Party" Halloween night tragedy →
From the blog: Peruse our articles about the evolving legal issues surrounding short-term rentals →
Ominous warning: See what San Francisco is religiously mailing out to rogue hosts →

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