Attorneys who protect your property and secure your interests by reviewing and drafting lease agreements
At Bornstein Law, we provide comprehensive legal support for residential and commercial lease agreements, assuring that your leases are legally sound, strategically structured, and tailored to your goals.
Whether you are a landlord or property manager, having an ironclad lease is the first and best line of defense against disputes, liability, and loss of income.
Which law governs the rental relationship?
The first question we’ll have to ascertain is whether the building is subject to statewide rent and eviction controls, or if it is covered by stricter landlording rules on the local level. We are aware of many housing providers who download a lease agreement, perhaps by the wonderful organization of the California Apartment Association, only to find out that the templated agreement does not take into account local requirements. Generic California leases may waive tenant rights or contradict local laws.
An easy example is certain disclosure requirements that are customized in rent-controlled jurisdictions. A client once quipped that when renting out to a new tenant, landlords should place a bookshelf in the vacant unit to store all of the disclosures needed for the incoming tenant. These specialized notice requirements have become voluminous, and if the lease does not contain them, it can tank an unlawful detainer (eviction) action and prohibit housing providers from raising rents.
Let’s illustrate a few examples.
San Francisco
For rent-controlled units, leases must reference the San Francisco Rent Ordinance and include language stating that the tenant may not be evicted except for just cause. A Rent Board Fee Disclosure must be furnished for housing providers who pass through 50% of the Rent Board fee. Other disclosures relate to smoking policies, bed bugs, flood hazards, and short-term rentals.
Oakland
Are tenants subject to the rent control and eviction protection provisions under the Rent Adjustment Program (RAP)? If so, this notice must be included in all residential leases for covered units. We want to make sure to include a just cause advisory notice to ensure that the lease does not contradict the tenant protections of Measure EE. If the tenant receives a notice to vacate, the lease should ideally warn them of their right to file complaints with the city if they feel harassed.
For rent-controlled units, leases must reference the San Francisco Rent Ordinance and include language stating that the tenant may not be evicted except for just cause. A Rent Board Fee Disclosure must be furnished for housing providers who pass through 50% of the Rent Board fee. Other disclosures relate to smoking policies, bed bugs, flood hazards, and short-term rentals.
Berkeley
If applicable, leases should include language acknowledging coverage under Berkeley’s Rent Stabilization Ordinance and refer to the Rent Board. For certain tenancies started after January 1, 2021, the lease must disclose whether the unit is partially or fully exempt from rent control - but still covered by eviction protections, per Measure MM.
This is an oversimplification of local-specific considerations when drafting a proper lease agreement, but it serves as a glimpse, or a window into the many nuances that arise when setting mutual rights and obligations in a particular municipality.
When we first began our legal careers three decades ago, there were only a few rent control ordinances we had to deal with. Fast forward to today, and regulations have proliferated throughout the Bay Area. Lease agreements must reflect the current laws. Leases should be living, breathing creatures.
New laws and edicts can come out at a dizzying pace, and lease agreements should reflect these changes. When there is a change in the status quo, the landlord can change the terms of tenancy. We’ll have to determine whether the tenancy is month-to-month or fixed-term, whether the change is material, or whether there is merely a change in house rules.
Of course, proper notice is necessary whenever terms of the tenancy are altered, and Bornstein Law can properly prepare and serve the news that there is a chapter change in the rental relationship.
By tethering yourself to Bornstein Law, housing providers can avoid vague or unenforceable terms that can lead to costly litigation, stay compliant with evolving laws impacting landlords and tenants, and ensure that the lease matches the specific nature of the property, be it retail, office, industrial, or mixed-use.
Are your leases a dinosaur? Bring it out of the stone age.
A recurring theme in our practice is landlords using stale, outdated leases downloaded from the Internet that do not anticipate all contingencies in the rental relationship and are silent on verbiage that is required in certain rent-controlled jurisdictions.
Bornstein Law can assist in modernizing your lease and negotiating the terms you want or need.
Topics of interest
Owner/Relative move-in evictions ›
Substantial rehabilitation evictions ›
Defending against tenant lawsuits ›
Reviewing & drafting lease agreements ›