Tobener Ravenscroft

Uncategorized Articles

Berkeley Condo Conversion

Berkeley Condominium Conversions Updated March 25, 2016 What is the maximum number of rental units that the City of Berkeley may approve for condominium conversion? For all condominium conversion applications submitted after January 1, 2009, no more than 100 rental units per year may be approved for condominium conversion, community apartments or stock cooperative units.  If the number of units approved for conversion in a given year is less than 100, the number for the following year is increased by… Read More »

Aging in Place

Few decisions are as important and personal as choosing your home. As we grow older, where we choose to live takes on an even greater level of importance and complexity. As Americans continue to live longer, more seniors are choosing to remain in their homes. According to AARP, ninety percent of seniors want to age in place. This is not surprising. Not only does aging in place allow for independence and closer contact with family and friends, it is also… Read More »

Fight Mobilehome Evictions

Winning the Low-Fault Eviction By Joseph Tobener, a San Francisco Bay Area Housing Rights Attorney There is no greater threat to mobile homeowners than low-fault evictions. Low-fault evictions are unlawful detainers with little merit that are designed solely to force homeowners to defend their tenancies at great cost. Examples include evictions for untrimmed shrubs, parking outside lines, and fireworks on the 4th of July. Such cases are particularly prevalent in jurisdictions with vacancy decontrol, where park owners have enormous economic… Read More »

Elder Care Facilities

TENANT RIGHTS IN ELDER RESIDENCE FACILITIES People who are elderly are often very vulnerable to abuse and neglect while residing in an elder residence facility. If you or a loved one is an elderly person suffering from abuse or neglect at the hands of an elder residence facility or its employees, you may be entitled to remedies under the law. The remedies available to elderly persons who have suffered, or continue to suffer, abuse and neglect while residing in an… Read More »

Elder Facility Evictions

A Skilled Nursing Facility or a Residential Care Facility for the Elderly may only evict a resident for a reason specifically described in the statutes regulating such facilities. If a resident is evicted for a reason that does not appear in a code, the resident may have an action for wrongful eviction.

New TIC Condo Law

September 28, 2013 The 2013 TIC condo conversion legislation has provided new rights to tenants in buildings with three or more units that are being converted to condominiums. Tenant laws relating to condominium conversion of two-unit buildings were unchanged by the new legislation. Tenants going through condominium conversion in larger buildings, however, will now have (1) new protections to prevent no-fault evictions; (2) the right to a lifetime lease; and (3) the right to purchase a unit at the list… Read More »

Tenants and AirBnB

Vacation Rentals Tenants who list their units as short-term vacation rentals (for example on the website AirBnB) are exposing themselves to eviction. Short-term rentals violate “no-sublet” clauses, and may be in violation of a San Francisco law prohibiting tourist use of rental units. In rent-controlled jurisdictions, landlords are searching online for tenants who are renting their units out as vacation rentals and then issuing eviction notices. We have seen a rash of these in San Francisco in the last several… Read More »

Commercial Leases

Basic Business Operations – Ensure you can operate your business profitably from the premises. Look for advantages and trapdoors in leases: Permitted Uses: This clause enumerates how you are allowed to use the rented space. By implication, it makes activities outside the scope of this clause out-of-bounds. Negotiate for broad language or a method that allows you to make the necessary changes to maximize profitability. Conversely, carefully evaluate any language in the lease pertaining to restricted uses, or prohibitions on… Read More »

Hayward Rent Control

What units are covered under the Hayward Residential Rent Stabilization Ordinance? A landlord must own at least five units in the City of Hayward for the Hayward Rent Ordinance to apply.  It can be any kind of common ownership and any percentage of ownership.  A landlord cannot set up LLCs or corporations to hide the common ownership. The following units are not part of rent control and do not count against a landlord’s five-unit minimum: Accommodations in hospitals, extended care… Read More »

Proving Bad Faith OMI

Researching Your Landlord — Proving Bad Faith in an Owner Move-In Eviction or Capital Improvements Eviction (OMI is also sometimes referred to as relative move-in, OMI, LMI, or landlord move-in eviction) The best way to fight an Owner Move-In Eviction is to find out everything you can about the owner and the owner’s relatives, if applicable.  It is important to keep in mind that it may not be in your best interest to tell the landlord about information you gather. … Read More »

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