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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Protect Yourself With Photos

Documentation Is Your Best Defense When Making Security Deposit Deductions - Written by Brent Kernan - Posted Feb 15, 2015

Protect Yourself With Photos

So, you are charging a tenant for repairs and cleaning at move-out and deducting those charges from the tenant’s security deposit. You review your move-in and move-out inspection forms. You prepare the itemized disposition of the security deposit form (ideally, using the EBRHA model form), send a check to the tenant for the balance, and you’re done. Right? Possibly not. A tenant can still challenge your retention of the security deposit in small claims court on the basis that it is not justified under California Civil Code §1950.5. §1950.5...

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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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New Laws for 2015

New Laws for 2015 - An Overview - Written by Ron Kingston - Posted Jan 1, 2015

New Laws for 2015

Of the 130 bills EBRHA and CalPCG tracked, 73 were considered “Tier One” top priority bills because of their potential to seriously hurt the interests of rental property owners. These Tier One bills included bills like the “Ellis Act” bills, which sought to limit the right of rental property owners to go out of business, and AB 2561, the “Food Crop” bill by Assembly Member Bradford, which would have given tenants unprecedented rights to grow potted food plants without regard to damage to the property. Bills other than Tier One are considered...

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