San Francisco Bay Area Landlord Attorneys Practice Areas

Tether yourself to the firm built for rental housing providers and the professionals who serve them.

When an attorney says they practice real estate law, that tells you nothing. A fair question to ask is whether they handle landlord-tenant matters on a daily basis.

The law has become very nuanced. Managing rental relationships and helping housing providers power through their challenges is all we do, and it’s a craft we’ve honed for over three decades.

As home to the most cumbersome rent and eviction regulations anywhere, many potential minefields await rental housing providers, but with proper counsel, landlords can optimize their rental income, avoid costly mistakes by being compliant with the law, and resolve acrimony in their rental relationships.

Bornstein Law is adept at handling a broad range of landlord-tenant matters. Below are some of the most common ones that cross our desks.

Evictions for nonpayment of rent

Of all enumerated “just cause” reasons to evict, the failure to pay rent is the easiest one to prove, but it’s not that simple. If there are any procedural errors or missteps in the carefully choreographed steps of the eviction process, landlords can lose their case even if it is undisputable that the tenant owes rent.

Evictions for nuisance behavior

When tenants engage in acts that interfere with the quiet enjoyment of neighboring tenants, damage the property, or otherwise violate laws or lease terms in a way that disturbs others, we can gauge the seriousness of the offense and take necessary action to ensure a safe, healthy, and harmonious rental community.

Owner Move-In and Relative Move-In evictions

Owners can recover possession of a tenant-occupied property so that they or a close relative can maintain the unit as their principal place of residence. Yet distrustful lawmakers fearful that OMIs/RMIs are being used as a pretext to displace tenants to re-rent the unit at a higher amount have put several safeguards in place that must be followed.

Tenant buyout agreements

More than “cash for keys,” a properly prepared, ethical, and enforceable tenant surrender of possession agreement eliminates any legal residue from the tenancy. The tenant agrees to voluntarily vacate in exchange for compensation, unleashing the upside potential of the unit. This will not come without a host of requirements.

Evictions for substantial rehabilitation and remodels

This may be an attractive option for housing providers who are contemplating major repairs or upgrades that necessitate the removal of the tenant while the work is being done, but there are many safeguards to protect tenants who risk displacement from a so-called “renoviction.” Our office can evaluate the nature of the project and, if deemed substantial, ensure compliance with legal requirements, including relocation payments.

Rent Board Petitions

Local rent boards are tasked with responding to requests and airing out grievances between landlords and tenants, empowering both parties to file or respond to petitions. While housing providers do not need legal representation in front of these bodies, it is strongly advised to have an attorney build and articulate your case. In theory, rent boards are supposed to be impartial, but without a compelling argument, board members often side with tenants.

Defending against tenant lawsuits

Lawsuits are proliferating throughout the Bay Area, aided by a phalanx of tenants’ attorneys all too willing to prosecute them. If housing providers face a lawsuit brought by a disgruntled tenant, it is imperative to seek counsel to evaluate the merits of these claims and advise on how to respond.

Reviewing and drafting lease agreements

Having an ironclad, modern lease is the first and best line of defense against disputes, liability, and loss of income. Yet, a recurring theme we see in our practice is landlords using obsolete, templated leases that do not take into account changes in the law and ever-expanding notice requirements.

Commercial tenancies

Although our firm is most renowned for managing rental relationships in residential tenancies, we are not a one-trick pony. From the cradle to the grave, we provide informed advice to commercial property owners on a wide range of challenges, including drafting the lease, to the enforcement of the terms, and handling a myriad of conflicts that could arise.

Mold disputes

Maintaining the rental unit in a safe and habitable condition is a dual responsibility of both landlords and tenants. This includes ensuring the unit is free from dampness and excess moisture. When mold is suspected, Bornstein Law can address this problem and defend against mold-related claims that have proliferated in the Bay Area.

Evictions for package thefts

With a surge in online ordering, “porch pirates” have become a modern problem. Whenever there is surveillance or eyewitness accounts of tenants of tenants stealing packages, Bornstein Law can proceed with an eviction because these bad actors have forfeited their right to live and mingle in the rental community.

Rent increases

With ever-rising costs of providing housing, it’s only natural that landlords want to raise rent to maximize cash flow. Yet improper rent hikes invite liability. Avoid costly mistakes by consulting Bornstein Law before rent increases are contemplated. We can ensure the rent increase complies with relevant law.