Estoppel Certificates

June 1, 2018

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

Mountain View Rent Control and Tenant Relocation Assistance Program

May 29, 2018

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

Landlord Nuisance

November 3, 2017

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

Failure to Prevent Crime

October 23, 2017

Liability of Landlord for Failure to Prevent Crime A landlord can be held liable for the criminal conduct of third parties, including other tenants. CACI 1005. Criminal conduct includes assault, battery, theft, burglary, arson, rape, murder, vandalism, and property damage. To prove a claim for landlord liability for the negligent or intentional criminal conduct of […] Read More

Breaking a Lease

October 22, 2017

Tenants break or void long-term leases for two reasons. In the most common scenario, a tenant seeks to break a lease for personal reasons; for example, to move to another state. In a second scenario, the tenant must void the lease because the landlord has breached obligations under the lease by refusing to repair, failing […] Read More

Tenants with Disabilities

August 23, 2017

Understanding Your Rights as a Tenant with a Disability Covered Disabilities Disabled tenants are protected against housing discrimination by California’s Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). FEHA defines disability broadly to include both physical and mental impairments, including:  HIV/AIDS, multiple sclerosis, bipolar disorder, clinical depression, epilepsy, heart disease, […] Read More

Resident Managers

When Managers Are Required Apartment buildings with sixteen or more units must have a resident manager. Resident Apartment Managers as Licensees To have tenant protections, a resident manager must be more than just an employee/licensee.  In rent-controlled jurisdictions, managers not considered tenants can be forced to leave when their employment is terminated. Read More

Oakland Rent Control

August 22, 2017

Am I covered by Oakland Rent Control? The Oakland Residential Rent Adjustment Program applies to all rental units in Oakland with the following exceptions: Dwelling units in subsidized housing, including units where tenants are using Section 8 vouchers; Motels and boarding houses where the tenant has not been in continuous residence for thirty or more […] Read More

Berkeley Rent Control

July 13, 2017

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

Mayor’s ‘short term’ elevator repairs a long time coming

July 5, 2017

Representing 24 public housing residents at Clementina Towers, Jackie Ravenscroft, of tenants rights law firm Tobener Ravenscroft, descries the deplorable conditions these seniors and disabled clients have endured. Their upcoming lawsuit against the city of San Francisco cites elder abuse and violations of the federal Fair Housing Act. San Francisco Chronicle Sept. 7, 2014 by […] Read More