Practice areas of the firm built for rental housing providers, property managers, and real estate professionals
When someone says they are an attorney, that tells you nothing.
The law has become very niche-specific. When vetting attorneys, it is fair to ask them whether they handle landlord-tenant law on a daily basis, or if they will have to go into the law books and learn the rules that govern rental relationships. After handling thousands of landlord-tenant disputes, we are very comfortable in this space.
Our core competencies include, but are not limited to the following.
Eviction is a legal process with a carefully choreographed series of steps to follow. While non-payment of rent is the bulk of evictions we do, the tenant can engage in a nuisance or violate any number of other terms of the lease.
In certain instances, tenants can be transitioned out of the rental unit through no fault of their own, but this comes with a host of statutory requirements and relocation payments best journeyed with Bornstein Law.
Drafting compliant rental agreements with the terms that you or your clients need
Too often, landlords use startle, outdated, and bad leases downloaded from the Internet. Please don’t make this mistake and work with an attorney that understands the nuances of local drafting requirements.
Many local jurisdictions have dictated how much rent can be made and the allowable frequency of rent hikes. If not, statewide rent control (AB 1482) may apply. Avoid the consequences of an impermissible rent increase by being tethered to Bornstein Law.
Tenant buyout agreements
Bornstein Law can help you accomplish the goal of a vacancy through a voluntary tenant move-out. More than “cash for keys,” an ethical, properly effectuated buyout agreement removes any legal residue that may arise from the tenancy.
The drafting and service of notices
Procedural errors in the preparation of notices are a surefire way to delay or lose a case. We get them right the first time. Yet tenants must be properly notified by personal service, substituted service, or by posting and mailing. We have this covered.
Rent board petitions
In several jurisdictions, local rent boards are tasked with airing out landlord-tenant disputes and granting or denying any number of petitions made by both parties. Bornstein Law zealously represents our clients whether they initiate the petition, or defend against a petition filed by the tenant.
Responding to correspondence
In the course of owning and operating a rental housing business, landlords will commonly receive letters from government officials, tenants, or the tenant’s legal counsel. However intimidating and overwhelming this correspondence may seem, Bornstein Law will thoughtfully respond with our client’s best interest in mind.
Recouping rent debt in civil courts
Never in our legal careers have seen such a mountain of rent debt that has accrued, then during the pandemic. Sadly, landlords have few other options but to seek the recovery of this staggering amount of rent debt in small claims court or if the debt amount warrants, “regular,” or Superior Court.
Disputes in short-term rentals
We predicted early on when Airbnb was born on our home turf of San Francisco that the law would catch up with technology, and this gap has been largely closed. Yet bad actors remain and there are instances of unauthorized subletting which is typically a violation of the lease.
COMMERCIAL REAL ESTATE
Although residential tenants enjoy a myriad of protections under state and local law, commercial tenancies are a different creature.
Bornstein Law provides informed advice for commercial property owners on a wide range of issues. This includes 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.
Offices in San Francisco and the East Bay to best serve our clients.
507 Polk St.
San Francisco, CA 94102
482 W MacArthur Blvd.
Oakland, CA 94609
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