In 2015, there was numerous amendments to the SF Rent Ordinance, known as the Kim Amendment or Rent Ordinance 2.0 which made substantial changes affecting evictions and tenant rights. Here… CONTINUE
SHORT TERM/VACATION RENTAL UPDATE FOR SAN FRANCISCO
Some of you know that Prop F, on the November 2015 ballot, which would have strengthened the existing ordinance for short-term rentals (STR’s), failed to pass after Airbnb spent over… CONTINUE
SUCCESSOR OWNER AFTER FORECLOSURE HAS A DUTY TO ASCERTAIN BONA FIDE LEASE TERMS AND TENANTS
A successor-in –interest after foreclosure has an implied duty under the Federal Protecting Tenants at Foreclosure Act of 2009 to make “reasonable efforts to identify all bona fide tenants and… CONTINUE
A NOTICE PROVISION IN A LEASE CAN BE MODIFIED BY TENANT ATTORNEY’S CONDUCT
Most leases have specific provisions as to how notices to the tenant are to be given. In this case, the tenant, a school sued its landlord for breach of the… CONTINUE
INACCURATE DESCRIPTION OF CAM AND OTHER EXPENSES MAY BE FRAUD
A commercial lease contained a standard integration provision stating that all prior representations and negotiations were merged into the Lease and that any figures given to the Tenant for common… CONTINUE
SUBSTANDARD CONDITION DOES NOT TERMINATE RESIDENTIAL LEASE
A residential property considered “substandard” under the California Housing Law does not affect a tenancy. Here, the enforcing agency posted a code enforcement notice, or “redtag”-requiring that the property be… CONTINUE
NO TERMINATION OF TENANCY FOR TRIVIAL BREACH OF RENTAL AGREEMENT
In this case, the Appellate Division of the Superior Court held that a three-day notice based upon a tenant’s failure to maintain personal property insurance was a trivial breach where… CONTINUE
ELECTRONIC COMMUNICATIONS ALLOWED FOR SOME NOTICES RELATED TO RESIDENTIAL SECURITY DEPOSITS
Under this amendment, residential landlords and tenants can agree to use electronic communications, eg, email for some notices, including the notice of right to pre—moveout inspection, discussions and agreements reached… CONTINUE
Smoke Detector Compliance Changes
Smoke Detector compliance changes: Effective 7/1/14, a battery operated smoke alarm will not be legal unless it contains a non-replaceable, non-removable battery that powers the smoke alarm for at least… CONTINUE
THE TERM “NORMAL BUSINESS HOURS” IN CIVIL CODE 1954 (LANDLORD ENTRY) INCLUDES WEEKEND OPEN HOUSES
California Civil Code 1954 permits landlord entry to show a rental unit to prospective or actual purchasers during “normal business hours,” which is not defined in the statute. The owner… CONTINUE