Thanks to our valued clients, colleagues, referral partners, and other friends for your continued engagement as we finally reach a turning point in the way we manage landlord-tenant relationships.

We've done a lot of commiserating and empathizing with rental housing providers throughout the pandemic but the light at the end of the tunnel was never in clear sight. Until now.

Our community of rental housing providers wouldn't have the stomach to handle yet another extension of the eviction moratorium, but neither is there any appetite for Sacramento politicians to prolong the misery of cash-strapped landlords.

By adjourning for the year without any further meddling with moratoria, the statewide ban on nonpayment of rent evictions will expire on September 30.

Governor Gavin Newsom could call for a special legislative session to extend the moratorium, but this is unlikely. Holding off recall attempts with flying colors, the reinvigorated Governor will look to advance an ambitious agenda, but he has not signaled that infinite tenant protections are on the list of action items.

September 30 also marks the date for many of you when certain properties may no longer be governed by "just cause" eviction protections. What this means is that owners of single-family homes, condominiums, and newer buildings can choose not to renew a tenancy. Exceptions apply - please contact our office for clarity before acting.

What we would like landlords and property managers to do now is put together a tidy file that documents all of the notices that have been served to date, correspondence with tenants who have missed all or a portion of the rent, a ledger that chronicles dates on which rent was paid and the dollar amounts, any printouts relating to the status of rental assistance applications, and so forth.

We want to forensically look at the rental relationship throughout the long course of the pandemic so that together, we can strategize and have an informed conversation on how to move forward once the page is turned.

It is going to be a turbulent transition, but through careful study, patience, good organization, and the use of some diplomacy with tenants, we will get over the hump.


Get up to speed by tuning into our earlier chats on AB 832

Watch our webinar on the extension of tenant protections and what landlording will look like in a post-pandemic world →

Listen to our podcast with the East Bay Rental Housing Association with a legal update →

The expiration of California's eviction moratorium engenders many questions.

In the coming days and weeks, Bornstein Law will have updated unlawful detainer forms and other educational material. Until then, we are highly accessible.


A flash from the past

Our crusade against unfairness began at an early age.

Read more →


More snippets


Short-term rental ordinances lack teeth, have not deterred revelers

Mercury News: After a month has passed since an Airbnb party erupted in gunfire, Sunnyvale councilmembers bat around ideas to rework local laws surrounding short-term rentals →

From our blog: Airbnb Halloween massacre raises scary legal issues →

Interview: Daniel Bornstein tells Fox KTVU that Airbnb deserves greater scrutiny in cracking down on rogue hosts →

From the SF Chronicle: Daniel joins a panel of attorneys in answering who is liable when unauthorized parties go wrong →

Nuisance evictions reportedly on the uptick in San Francisco

Although SF landlords could still evict tenants who create a nuisance, the menacing behavior has to rise to the level of a "public health/safety" issue like arson, drug dealing, violence, and so forth.

Yet many frustrated and inventive landlords, with little other options to evict problematic tenants, have made a stretch, arguing that less egregious acts like loudness or a messy backyard are a threat to public health and safety, so it's no surprise why these filings have been on the rise.

Read SF Chronicle Article →

Press release: Bornstein Law successfully argues that COVID-19 protections do not give tenants the license to create mischief or cause damage to the rental property with impunity →

From our blog: Handling criminal activity in rental units →

Loitering laws under siege

It's been said that you can't judge a book by its cover. Lawmakers look to toss out a vaguely worded law prohibiting loitering. There has been outrage when the police get to decide who gets to stay on the premises and who doesn't have any lawful business.

Article: California moves to repeal loitering law that trans activists say lead to bias →

From our blog: Oakland's anti-loitering law, since scrapped →

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