The latest happenings and insights for rental housing providers, property managers, and real estate professionals.



Tenant buyout agreements become more attractive as the eviction process is drawn out with seemingly no end in sight.

We have said many times in many venues that our goal is to resolve landlord-tenant disputes as quickly and inexpensively as possible, taking into account time, risk, and attorneys’ fees. We’ve also said that the best outcome to an eviction action is to not have one at all. 

A confluence of factors has elongated the carefully choreographed steps of the eviction process. We know that the longer an unlawful detainer action goes on, the more money is lost by landlords.

A properly negotiated, legal and enforceable tenant surrender of possession agreement can stop the hemorrhaging of money by avoiding the courts and getting a fresh start with the upside potential of raising rents to market value. 

While it may be painful to part with money to pay a non-paying or problematic tenant to leave, it may (or may not) make economic sense for housing providers when they consider the value of a voluntary vacancy. It’s at least worthy of discussion. 

At the 11th hour, Oakland leaders found funding to keep an eviction defense program afloat by tapping into a vacancy tax. 

Owners of Oakland properties deemed to be vacant by the city now stand to be victimized twice. Not only are they saddled with a vacancy tax. The revenue of the tax will now be potentially used against them.

Landlords already paying a penalty for leaving their properties “unused” in the eyes of the city will be contributing to a pot of money that goes into the coffers of tenants’ attorneys who are all too willing to use stalling tactics to delay evictions, ratchet up the legal expenses of landlords, and even bring affirmative lawsuits against the same housing providers paying the tax. 

With Oakland supplanting San Francisco and Berkeley as home to the most pernicious landlording rules anywhere, we provide an overview of the city's ever-expanding set of landlording rules and impart some actionable advice. 

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This subject matter engenders many questions. Reach out for answers.

Email daniel@bornstein.law. If the questions require more involvement, we can schedule a 30-minute consultation to delve deeper.

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