Isaac Safier Esq

Landlord-Tenant Law

 

POST EVICTION MORATORIUM CHANGES IN THE LAW (CALIFORNIA LAW):

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Assembly Bill 832 contains some tenant protections that extend past the eviction moratoriums.  Among the changes, covid-19 related rental debt cannot be assigned or sold, but can be litigated in small claims court starting on November 1, 2021.  Only certain people can get access to civil case records relating to Covid-19 debt.  Landlords must issue special notices when trying to collect Covid-19 debt.  Landlords must apply for rental assistance for their tenants before evicting.  

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The full statute is here:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB832

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COVID-19 UPDATE (CALIFORNIA LAW):

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The COVID-19 Tenant Relief Act of 2020 (AB 3088) is in effect.  

 

Missed rent between March 1, 2020 and August 31, 2020:  No eviction if resident provides landlord with a declaration stating their finances have been negatively affected by the COVID-19 pandemic. “High-income” residents can also be required to provide documentation of their COVID-19-related hardship.

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Missed rent between September 1, 2020 and January 31, 2021:  No eviction if the resident does both of the following: (1) provides the landlord with a declaration stating their finances have been negatively affected by the COVID-19 pandemic (and documentation, if required for a high-income resident); and, (2) by January 31, 2021, pays 25 percent of the rental payments due between September 1, 2020 and January 31, 2021 that were missed because the resident experienced COVID-19-related financial distress.

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Residents can still be sued for missed rent between March 1, 2020- Jan 31, 2021, in small claims court.  Small claims court can now hear any size case relating to recovery of COVID-19 rental debt.  Missed rent can result in a small claims judgement against you (which is visible online).  

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Read the full statute here:  CLICK HERE.

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NEW! SAN FRANCISCO RESTRICTS LEASES UNDER 1 YEAR (SF INTERMEDIATE OCCUPANCY LAW)!

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Effective April 27, 2020, per San Francisco Ordinance 78-20, residential leases greater than 30 consecutive days but less than one year are prohibited unless a permit is obtained from the planning department (similar to short-term Airbnb rentals).  Rent controlled units (dwelling units subject to rent increase limitations in the Admin Code Section 37.3) are not eligible for a permit to do intermediate term leases (30 days to under a year).  Other types of units may be eligible but there are various caps on permits that will be granted such as a maximum % per building, per area, and for the city.  In other words, SF rent controlled units cannot offer a 6 month lease and non-rent controlled units cannot offer that unless they get a permit from the planning department.  Enforcement by planning with a $1000 fine, or by the city attorney at 2x the amount of rent unlawfully collected.  

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Read more here: https://sfbos.org/sites/default/files/o0078-20.pdf

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AB 1482 - Tenant Protection Act of 2019 (CALIFORNIA LAW):

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California-wide rent control has been passed and is in effect.

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LA Times Article About the "Tenant Protection Act of 2019":

https://www.latimes.com/california/story/2019-10-08/california-rent-cap-tenant-protections-signed

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Full text of the law:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482

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NEW LAW!  AB 3182:  CALIFORNIA HOAs CAN'T PREVENT YOU FROM RENTING YOUR CONDO!

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and

 

Civil Code 4740 is amended to read that an owner of a separate interest in a common interest development is not subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant.  Exceptions apply.  Click here for the statute text. 

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Rent Controlled Apartments (San Francisco):
 
If your apartment is subject to rent control (most units built before 1979 within the city of San Francisco), you have a number of rights that you may not know about.  With the new Tenant Protections 2.0, described below, you now have even more rights.  Most importantly, you have the right to file petitions and be hear by the San Francisco Rent Board, which is an adminstrative law court.  The rent control laws are extremely complicated and constantly changing.  If you live in a rent controlled apartment in San Francisco we can help you with:
 

• Negotiating a buy-out  (get out of your lease)

• 3 days notices, 30 day notices, cure or quit notices

• 1.21 Hearings

• Costa Hawkins notices

• Harassment by your landlord

• Nuisance claims

• Noise disputes with your neighbors

• 3 day notices for breach of lease by subletting

• Wrongfully withheld security deposits

• Evictions that lack Just Cause

• Warranty of Habitability claims (Landlord refuses to repair)

• Comfort Pets and your right to have a comfort animal

• Discrimination by your landlord

• Unresponsive landlords

• Co-tenant disputes

• Subtenant disputes

• Lodgers (people who occupy one room in a home)

• Non-tenant ex's who won't leave

• Landlords who won't let you move family members in

• Planning Dept. based nuisance claims

• Building Dept. based nuisance claims

• Unauthorized alterations or repairs

• Rent Board Hearings of pretty much any kind

 

 

 

WANT TO FIND OUT IF YOUR APARTMENT IS RENT CONTROLLED?

 

SAN FRANCISCO:  Call the San Francisco Rent Board at (415) 252-4600
OAKLAND:  Call the Rent Adjustment Program at (510) 238-3721 

 
Non-Rent Controlled Apartments:
 
Even if you are not subject to rent control, either because you live in a newer building, certain condos, certain decontrolled buildings, or outside of a rent controlled city, we can still help you protect your rights and avoid unfair treatment.  If you rent in California you are subject to CALIFORNIA CIVIL CODE SECTION 1940-1954.1 and have lots of rights under the code.  Without rent control your lease can be terminated without cause but we can still help you with the following:
 

• Negotiating a lease break (get out of your lease)

• 3 days notices, 30 day notices, cure or quit notices

• Harassment by your landlord

• Nuisance claims

• Noise disputes with your neighbors

• 3 day notices for breach of lease by subletting

• Wrongfully withheld security deposits

• Jacked up security deposit deductions

• Warranty of Habitability claims (Landlord refuses to repair)

• Comfort Pets and your right to have a comfort animal

• Discrimination by your landlord

• Unresponsive landlords

• Co-tenant disputes

• Subtenant disputes

• Lodgers (people who occupy one room in a home)

• Non-tenant ex's who won't leave

• Planning Dept. based nuisance claims

• Building Dept. based nuisance claims

• Unauthorized alterations or repairs

 
Commercial Tenants:
 
As a commercial tenant you don't have all the special statutory rights that residential tenants enjoy, but are still entitled to the terms of your lease agreement.  Disputes can arise between you and a commercial landlord about a number of different issues that we can help with:
 

• Negotiating a lease break 

• Disputes about lease terms

• Negotiating and drafting leases, lease extensions, addendums, assignments

• Unresponsive landlords

• 3 day, 10 day and 30 day notices

• Nuisance notices, Nuisance claims, Nuisance evictions

• Security Deposit withholding or excessive deductions

• Key money or subletting disputes

• Tenant improvement disputes

• Disputes about fixtures or appurtenances

• Planning Dept. based nuisance claims

• Building Dept. based nuisance claims

• Unauthorized alterations or repair

 
 

DO YOU HAVE A HABITABILITY CLAIM?

 

6 Tips for Building Your Case:

 

If you expect to go to court over and issue it is important to document that issue very thoroughly so that you have substantial evidence to present at court.  There are many ways to document issues that may come up in your land-lord tenant case but I believe the following are the most helpful:

 

1.  Keep a journal.  Write down every relevant event that you can recall along with the time and date.  It should look like this:

 

December 1, 20__:  I saw ____ happen.  I made a verbal complaint to _______ by calling him at the following number ________.  He said ______.

 

2.  Take pictures.  If you are using an iPhone or Android, the EXIF meta-data is saved with each picture.  This data can contain useful things such as the time and date that the pictures were taken and also the device you were using and sometimes even the location that the picture was taken.  

 

3.  Make audio and video recordings.  Video recordings can be used in a multi-media presentation in mediation, arbitration and may even be used in court.  Audio recordings can be helpful to authenticate claims as well.  Make sure you are not violating any eavedropping laws by recording confidential conversations.  Eavesdropping is a crime and any recordings made in violation of eavesdropping laws cannot be used in court.  See California Penal Code 632 PC.

 

4.  Get city departments and officials invovled.  When you call the health dept. or dept. of building inspection they will send and inspector to see the conditions in your home.  If the landlord is responsible they will issue a NOV (Notice of Violation) that typically gives the landlord 30 days to correct a problem.  You can also call anonymously.  

 

San Francisco:

Call 3-1-1 and ask to make a complaint with the San Francisco Department of Building Inspection (SFDBI) and San Francisco Department of Public Health (SFDPH).

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San Francisco Department of Public Health (SFDPH):

1390 Market Street, Suite 210
San Francisco, CA 94102
Hours:  Monday - Friday, 8:30am - Noon & 1:00 - 4:30pm
Office: (415) 252-3800
Fax: (415) 252-3875

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San Francisco Department of Building Inspection (SFDBI):

Housing Inspection Services
Hours: 8:00 AM - 5:00 PM
(415) 558-6220
http://dbiweb.sfgov.org/dbi_complaints/

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Oakland:  
City of Oakland Department of Building Inspection
Mailing Address:  P. O. Box 220511, St. Louis, MO  63122
Hours: 8:00 am to 4:00 pm

City Administrator, Deborah LeMoine
Phone:  314-416-0026
Fax:  314-416-0027
E-Mail:  oaklandcityhall@sbcglobal.net

 

5.  Put everything in writing.  Stop making repair requests or complaints by phone.  Instead, put them in certified letters and keep copies.  At very least put your communication in e-mail.

 

6.  Keep copies of all important or relevant documents.  You can scan them into your phone using the app GeniusScan.  [Click here for Apple]  [Click here for Andriod]