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Some remarks on the process of recouping rent arrears by commencing a civil lawsuit.


November 1st marked the date when landlords could begin seeking a judgment in civil courts for COVID-related rent debt.

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In small claims court, landlords cannot be represented by an attorney unless the defendant tenant appeals but our firm can assist "behind the scenes" in building an ironclad case and offer some pointers. Keep in mind that if the landlord prevails but did not make their best efforts in seeking rental assistance funds, the court may reduce damages. 


Although small claims court can in some respects be characterized as a “kangaroo” court, landlords with astronomical rent debt should consider commencing an action in Superior, or “regular” court, where they will find a more deliberative process with a greater likelihood of achieving a favorable outcome. In this venue, you can retain an attorney.


We are preparing additional materials and planning an upcoming webinar on this and other court updates - in the interim, we’re happy to answer any questions.

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Tenant buyout agreements: some tricks of the trade


These voluntary move-outs are especially attractive when there are no legal or convenient theories to evict such as in Alameda County, where the moratorium on non-payment of rent evictions remains with no end in sight.


In our latest article, we dispense some insights and strategies on how we approach these agreements.

Read On
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Legal issues surrounding Accessory Dwelling Units


Despite their charm, there are myriad legal issues surrounding these pint-sized units. We outline some considerations here.

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Want to come over for dinner? Not in this rental unit.


Sometimes, the conditions of a rental unit atrophy to a point that goes beyond clutter or dishevelment and requires immediate action by the landlord and their attorney.


We put together a slide show with a real-life example of unacceptable conditions along with links to some of our earlier thoughts on how to respond to hoarding and squalor.

Go there now

A word about rent prices and managing expectations.

Much of our predictions on where rent would be headed has come to pass. With "asking" rents on the decline, it seems that our community is undergoing a reality check by recognizing that just because we would like to demand higher rents, it doesn't mean that apartment shoppers are willing to pay them.


Some raw numbers in San Francisco »


Some raw numbers in Oakland »

Select, notable snippets for our community


At Bornstein Law, we are heavy consumer of news germane to rental housing providers and from time to time, we get interjected into the stories we read. For still more happenings and our takes, follow us on Facebook.

Rent control for RVs? Policy could extend protections to nontraditional tenants


Will Oakland property owners who rent their space to RV dwellers be subject to rent and eviction controls? The mayor's office argues that if RVs are treated like housing units, it only makes sense to provide the same protections that exist for traditional forms of housing.



S.F. makes it harder for landlords to convert public spaces into ADUs


There's been a lot of buzz about ADUs sprouting up, but they won't be built at the expense of parking, storage, and laundry facilities, per a new SF ordinance.



California drought: Utility set to impose steep penalty for residential water overuse


We've been getting a soaking but the consensus is the recent rainfall is a drop in the bucket. There is no reason to believe that renters will heed the call to reduce water consumption. If and when the drought gets dire enough, the state will allocate water to wholesale and retail water utilities, meaning wasteful water will come with a price. Perhaps it's time for landlords to upgrade antiquated plumbing devices that use less water.

They didn't pay rent and stole the fridge. Pandemic spawns nightmare tenants


It wasn't enough for these tenants to stop paying rent and refuse to apply for rental assistance. One last insult to the landlord: they stole the refrigerator and other appliances on the way out. Although they complained to the city about the dishwasher, apparently it worked well enough for them to take that, too.



California DFEH pushes enforcement of Fair Chance Act


What we have today is a culture of forgiveness with "second chance" laws that conceal rental and employment risks. Using a search-engine-like technology, the state is proactively seeking out ads that are in violation of the Fair Chances Act. Please be careful in the crafting of your advertisements and ensure the verbiage is in compliance with the law - don't express a preference or exclude certain groups in a blanket policy that exposes you to risk and liability.




Halloween special: Prior occupant's affliction and death


When there is a prior affliction or death on a property, when does it need to be disclosed to the would-be buyer of the haunted house?

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Thanks to all of our valued clients, colleagues, referral partners, and other friends for your continued engagement as the virus is receding, we hope.


Managing landlord-tenant relationships is not business as usual just yet but it is starting to look like what we once knew it as.


To continue the conversation, please email me directly at daniel@bornstein.law.




Dedicated to answering your questions and powering through your real estate challenges,

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