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Archive for January, 2020

Legal Q & A by – Richard Beckman

Posted on 01. Jan, 2020 by .

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Question 1: I have a Section 8 tenant who regularly fails to pay his very minor share of the rent. The Housing Authority pays about 90%. I am reluctant to bring an eviction action, because I have heard I can’t collect any rent during the action, or the case will be dismissed. I am very concerned […]

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Legal Q & A by – Richard Beckman

Posted on 01. Dec, 2019 by .

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Question 1: In addition to the new statewide rent and eviction control law you wrote about last month, are there any other new laws coming up we should know about? Answer 1: Yes, there are several. One pertains to the amount of notice that will be required to impose a rent increase exceeding 10%. One […]

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Legal Q & A by – Richard Beckman

Posted on 01. Nov, 2019 by .

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Question: Did the new statewide rent control law I’ve been hearing about take effect? Answer: AB 1482 – the Tenant Protection Act of 2019 – has been passed by the California legislature and is in front of Governor Newsom for his anticipated signature. Absent his veto, which is by all accounts extremely unlikely, AB 1482 […]

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Legal Q & A by – Richard Beckman, Attorney

Posted on 01. Oct, 2019 by .

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Question 1: Can you review any new landlord-tenant laws for 2019? Answer 1: Yes. There were several new state-wide laws affecting landlord tenant relations, but the one that may make the most impact is Assembly Bill No. 2343, which removes weekends and court holidays from the calculation of when a three day notice to cure […]

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Legal Q & A by – Rich Beckman

Posted on 01. Aug, 2019 by .

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Question 1: My tenant just gave me 30 days written notice. If I give her a 24-hour notice via email or text, can I show the unit to prospective new tenants? I thought this was a given but she claims I can’t show the place until she has vacated the property. Thanks in advance for your […]

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Legal Q & A by Richard Beckman

Posted on 01. Jul, 2019 by .

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Question 1:  Can I require my tenant to professionally clean the carpets before they leave or can I have it done after they leave and deduct the cost from their deposit? Answer 1:  The tenant has a duty to return the unit to its state or condition when first rented (normal wear and tear excepted), […]

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Legal Q & A by – Richard Beckman

Posted on 01. May, 2019 by .

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Question 1:  I have a question regarding getting additional security deposit from a tenant in a rent controlled Oakland apartment. Tenant has been in building in Oakland for 20 years. Security deposit is currently $725.00. Current rent is $1,277.00. Would like to increase security deposit to $1300. Can I do so? What form do I […]

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Legal Q & A by – Richard Beckman

Posted on 01. Mar, 2019 by .

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Question 1: Are the new Oakland Rent Control laws applicable to a condo that has been rented for the past 8-10 years that we need to sell, or raise the rent on. Where can we find the most up-to-date interpretation of this law as it applies to condo owners who have rented out their condos?

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Legal Q & A by – Richard Beckman

Posted on 01. Feb, 2019 by .

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 Question 1: Are there any new landlord-tenant laws for 2019? Answer 1: Yes, and I should have gotten this question for the January magazine, but better late than never. There are several new state-wide laws affecting landlord tenant relations, but the one that may make the most impact is Assembly Bill No. 2343, which removes […]

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Legal Q & A by – Richard Beckman

Posted on 01. Jan, 2019 by .

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Question 1: What is the maximum amount we can charge for application/screening fee for our applicants applying for rentals?

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Legal Q & A by – Richard Beckman

Posted on 01. Dec, 2018 by .

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Question 1: We have a ‘no pet’ policy. What documentation is accepted if a tenant claims to need a service animal? Is there a difference if it is an emotional support animal? There is one tenant at our property with “service animal” paperwork from their doctor. We are getting inquiries from other tenants who want […]

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Legal Q & A by Richard Beckman

Posted on 01. Nov, 2018 by .

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Question 1:  I missed the AOA seminar on the upcoming Costa Hawkins/Proposition 10 vote. Can you summarize what I missed? Answer 1: Yes. In a nutshell, the Costa-Hawkins Rental Housing Act law was passed in 1995, and was designed to do three primary things. First, it eliminated what is known as “vacancy control, “which is […]

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Legal Q & A by – Richard Beckman, Attorney

Posted on 01. Oct, 2018 by .

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Question 1: Our tenant of three years is complaining of mold. We have inspected but see no visual evidence of mold. He says that he uses a mold detection device and the reader says there is mold in the air. What plan of action is required of us? Answer 1: As the owner, you always […]

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Legal Q & A by Richard Beckman

Posted on 01. Sep, 2018 by .

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Question 1: Did Oakland change its rent control law to remove the exemption for owner-occupied buildings? Answer 1: Currently, Oakland’s ‘Just Cause’ eviction control law (and its companion rent control ordinance) has an exemption for owner-occupied buildings of three units or less. On July 24, the Oakland City Council approved a ballot measure for the […]

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Legal Q & A – by Richard Beckman

Posted on 01. Aug, 2018 by .

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Question 1: Our long term tenant told me that she has cancer and would like to have a co-tenant with her in her one bedroom apartment (San Francisco rent controlled). Am I obligated to honor her request? If I allow her to have a roommate, am I allowed to raise her rent? In addition, am […]

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