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With days away from California's eviction moratorium set to expire, Daniel Bornstein says now is the time to carefully prepare for all contingencies.

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Some considerations and action items for rental housing providers as California's eviction moratorium expires on September 30.

We want rental housing providers to be proactive in seeking rental assistance and avoid procedural missteps that can easily tank unlawful detainer actions. Some thoughts imparted here.



Join us Thursday, September 30th for a rousing discussion on adding Accessory Dwelling Units to your property and bringing illegal units into the light of day.

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After incremental progress has been made in legalizing the construction of Accessory Dwelling Units, Sacramento politicians have now officially ended the over 100-year scourge of single-family-only zoning in California. In this webinar, we will provide an overview of newly enacted laws and give you an update on local regulations relating to these pint-sized units.

Learn how to add value to a property by building an ADU and what steps are necessary to bring illegal in-law units up to compliance. Come with your questions for the Q&A session that will follow the presentation.


From the desk of Daniel Bornstein


Thanks to our valued clients, colleagues, referral partners and other friends for your continued engagement as we near a monumental date when non-payment of rent cases can resume, yet we caution it will not be a seamless transition.

Although our community has long awaited the day when non-paying tenants can be transitioned out of the rental unit, documentation is specialized, deadlines are unforgiving and procedural requirements must be followed to the letter.

Perhaps one of our followers on social media said it best, quipping that it's gotten to the point that he feels like he should put a bookcase in each rental unit to hold all of the disclosures and disclaimers landlords have to provide to tenants.

While we will have more traditional tools at our disposal to address non-payment of rent starting October 1, landlords must show the court that efforts to obtain governmental assistance funds have been exhausted.

For a certainty, there are a great number of landlords and property managers who will make procedural blunders, and rest assured, there is a throng of attorneys frothing at the bit to point out any of those missteps.

Even without attorney representation, new forms issued by the California Judicial Council make it rather easy for any unsophisticated tenants to answer an unlawful detainer complaint by simply checking off any number of defenses. By tethering yourself to Bornstein Law, you can avoid costly mistakes.

As we ramp up for what will surely be a busy Fall, our offices are here to provide clarity in a complicated regulatory regime. While landlord-tenant law will not return to what we knew it as anytime soon, we finally have recourse to get cash flowing again.


More snippets ...

S.F.'s plan to extend eviction moratorium through the end of 2021 foiled by state law

Supervisor Dean Preston has been hellbent on extending SF's eviction moratorium but after his office spends hours with the city attorney trying to finagle a way to do it, it's conceded that there is no viable path for an extension - it would violate state law.

Efforts stalled in its tracks →

Contra Costa County won’t extend eviction moratorium but approves COVID rental assistance

Cooler minds prevail in yesterday's Contra Costa County Board of Supervisors meeting as lawmakers refuse to extend the eviction moratorium. Supervisor Karen Mitchoff said it best - "At some point, this has to stop."

The outcome →

More California renters, homebuyers, are cost-burdened than ever before

For the cerebral types: More commentary on the economics of rents that support our earlier predictions that it will take a long while for rents to return to levels we once knew. As Uncle Sam breaks the umbilical cord and government funds dwindle, we need jobs and prosperity.


Beginning January 1, 2022, all prospective tenants must be furnished a booklet entitled "Information on Dampness and Mold for Renters in California" published by the California Department of Public Health

Now is a good time to look for mold and be proactive in preventing it or remediating water damage. When you control the dampness, you control the mold and if it gets out of control, you have a rental unit that is considered substandard. Tenants should also be educated on proper ventilation and other precautionary measures to stop mold from growing.

Get the notice →

Don't lose the roof over your head in Alameda County

We often don't see eye to eye with tenants' rights groups, but we have to give credit where it is due and acknowledge the dedication and hard work of an army of wonderful people who are on the front lines doing everything they can to help tenants complete applications for rental assistance. More than waving flags for rent cancellation, they are a big part of the solution to the hole many renters and landlords find themselves in. What the government or landlords are unable or unwilling to do, they fill the void.

Behind the scenes →

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