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 Apartment Rent Ordinance and Tenant Protection Ordinance 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 […] Read More
“A loophole in San Francisco’s eviction-control laws: Landlords and building owners can circumvent eviction protections on single-family homes and rented condominiums by jacking the rent up far above market rate, with the intent of making the residence unaffordable for the tenants. District Nine Supervisor Hillary Ronen plans to introduce legislation Tuesday aiming to shut that […] 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
The following was taken from JAMS mediators: Early in her career as an insurance defense lawyer, Jeane Struck found she could be a zealous advocate for her clients while remaining on good terms with opposing counsel. Now a mediator at JAMS special- izing in insurance and liability cases, Struck said she still sees many of […] 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
The City of Mountain View has a rent increase limitation ordinance (“Mountain View Rent Control”), which caps the annual amount a landlord can increase rent, and a just cause for eviction ordinance (“Mountain View Eviction Control”), which protects tenants from eviction absent one of the enumerated just causes for eviction. Mountain View, Cal., City Code, […] Read More
Nuisance Defined In a landlord-tenant context, a nuisance is the obstruction of the free use of rental property so as to interfere with the comfortable enjoyment of life. CIVIL CODE § 3479. This has been routinely applied to property owners who fail to maintain residential rental units. Stoiber v. Honeychuck, 101 Cal. App. 3d 903, […] Read More