Legal Q&A – Subtenants in Your Rental Units

Owner’s rights under the Costa Hawkins Rental Housing Act. - Written by Clifford Fried - Posted May 10, 2016

Legal Q&A – Subtenants in Your Rental Units

Q. I had two tenants sign a rental agreement and now one of the two is moving and wants his friend to take his place. What should an owner do when an original occupant who took possession under the rental agreement with the owner moves out, no longer permanently resides in the unit, and a replacement roommate takes the place of the departing original occupant? My property is in Oakland and is subject to the Rent Adjustment Ordinance. A. The Costa Hawkins Rental Housing Act permits an owner to raise the rent to market to a subtenant or...

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Legal Q&A – Fire By Negligence

Is the Property Owner Required to Allow a Tenant to Re-Occupy a Unit, Even After Causing Extreme Damage by Negligence? - Written by Dan Riley - Posted Mar 1, 2015

Legal Q&A – Fire By Negligence

Q: I have a tenant who was negligent and caused a huge fire in several units. Once the repairs are completed, do I have to allow this tenant to re-occupy the premises? A: Contrary to what you might think, a tenant who negligently starts a fire in a residential apartment building does not lose their right to occupy their unit. This defies logic and common sense, but yes, the tenant must be allowed to re-occupy the unit after the repairs are completed. All evictions in units covered by the Oakland Rent Ordinance must be based on one of the...

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Legal Q&A – What is the Best Way to Handle Roommate Requests?

What is the Best Way to Handle Roommate Requests in Your Rental Units? - Written by Jason Mauck - Posted Feb 26, 2015

Legal Q&A – What is the Best Way to Handle Roommate Requests?

Additional vs. Replacement  Do I have to allow an existing tenant to get a roommate? What if it is a studio apartment and he wants to get two roommates? Also, can I require applicants to pay an application fee and screen them. These are some very common and reasonable questions for any landlord. Since they are so distinct, I’ll break them down by topic. Permissive Roommates The question of roommates can turn into a very complex issue depending on the facts of a given tenancy.  The short answer to the question is no, you do not have to allow a...

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Legal Q&A – Tenant Refuses to Renew Lease

Does a Non-Renewal of a Lease Allow a Property Owner to Evict in Oakland? - Written by Steve Williams - Posted Jan 30, 2015

Legal Q&A – Tenant Refuses to Renew Lease

  Q: Is it true that a tenant’s refusal to renew a written rental agreement in Oakland is just cause for eviction? If so, how does that work? A: Yes. Here’s how it works: (1) You must first request or demand your tenant to execute a written renewal of the rental agreement. Your request or demand must be in writing. (2) The length of the renewal term must be the same as the previous term. So, for instance, if the previous rental agreement term was one year, then the renewal term must also be one year. (3) The provisions of the renewal...

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