Are tenants entitled to live in an apartment free from constant loud noise? Excessive continuous noise can impact a person’s health and well-being. Implied in all California leases is a covenant of “quiet enjoyment”. CAL. CIV. CODE § 1927. Landlords have a duty to ensure that tenants can peaceful possess their rental unit free of […] Read More
Is your neighbor a nuisance or merely annoying? A nuisance is “anything which is injurious to health, including but not limited to the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life […] Read More
Oakland recently placed a moratorium on a landlord’s ability to apply for an exemption from the Oakland Rent Adjustment Ordinance based on a “substantial rehabilitation” of a rental property. While the moratorium will remain in effect until October 21, 2018, because it was not made retroactive, landlords are continuing to pursue approval of their previously […] Read More
The City of San Jose has enacted the Apartment Rent Ordinance, which prevents excessive and unreasonable rent increases, and the Tenant Protection Ordinance, which protects certain tenants from eviction absent one of several enumerated just causes. These ordinances only apply to certain residential rental units. What properties are covered under the City of San Jose’s Apartment […] Read More
Many landlords and tenants struggle with how to define “ordinary or normal wear and tear” with respect to security deposits. Most disputes over security deposits come down to what constitutes normal wear and tear. When a tenant moves out of a unit, the landlord may deduct from a tenant’s security deposit to repair damage to […] Read More
Can landlords prohibit tenants from smoking cigarettes? Yes. Landlords have the right to prohibit smoking of cigarettes or other tobacco products in and around a rental property as long as it is written into the lease agreement. CAL. CIV. CODE § 1947.5. Many leases ban smoking of any kind, including cigarettes, e-cigarettes, and marijuana. E-cigarettes […] Read More
What units are covered by the Oakland Buyout Ordinance? The Oakland Buyout Ordinance applies to all residential rental units in Oakland, except publicly owned or operated rentals. What is my landlord required to do before approaching me about a buyout? The Oakland Buyout Ordinance requires landlords to provide each tenant in a rental unit with […] Read More
What is a Tenant Estoppel Certificate (Estoppel Agreement)? When a landlord places a rental property up for sale, the realtor and landlord will request a tenant to complete and sign an estoppel certificate. An estoppel certificate is used to inform a potential buyer of commercial or residential rental property of the rights of existing tenants. Read More
When can a landlord be held liable for a tenant’s personal injury? A tenant can recover for personal injuries caused by a landlord’s or property manager’s negligent care of property. To prove a claim for negligence, a tenant must show that (1) the landlord owed a duty to maintain the property; (2) the landlord negligently […] Read More
What units are covered by the Berkeley Rent Control? The Berkeley Rent Stabilization and Eviction for Good Cause Ordinance has two separate protections that are best thought of as distinct: rent increase limitations and just cause eviction protection, these are often referred to as Berkeley Rent Control. Some units in the City of Berkeley have […] Read More