Landlord Attorneys | SF, Oakland and throughout the Bay Area

The allies of landlords, property managers, and real estate professionals.

Now is not the time to hire a general law practitioner or a cousin who happens to be an attorney. The law has become very specialized and nuanced. When seeking proper counsel, a fair question to ask is, “Do you practice landlord-tenant law on a daily basis?”

Managing rental relationships is all we do, and we do it well.

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The law changes. Our core values do not.

Business-Minded Counsel

We are real estate investors ourselves and understand the economics behind a landlord-tenant dispute. Our goal is to help clients make smart business decisions, weighing legal strategy against cost, risk, and long-term financial impact.

Focused Expertise

We focus exclusively on landlord-tenant law. By dedicating our practice to this area alone, we provide deeper expertise and sharper guidance, while respecting the expertise of other attorneys and referring clients to the right specialists when matters fall outside our field.

Client Loyalty

We recognize that life happens and many tenants face real challenges, and it is easy to empathize with their situations. But removed from the emotional fray, our role is clear: we fiercely advocate for our landlord clients and put their interests first in every matter we handle.

Prompt Action

Landlord-tenant problems rarely improve with time. We address issues quickly and directly, helping our clients resolve problems now rather than kicking the can down the road and allowing small issues to fester and become costly disputes.

Pragmatic Negotiation

Our goal is to solve problems, not prolong them. We work to negotiate practical resolutions for our clients, and when it makes economic sense, we are willing to make concessions to avoid costly, time-consuming disputes.

Resolution Over Conflict

We don’t get jazzed about disputes the way some attorneys do. Our focus is on resolving problems as quickly and cost-effectively as possible, always weighing time, risk, and attorneys’ fees when advising our clients.

Our valued clients, referral partners, and colleagues say it best.

For over three decades, Bornstein Law has helped rental property owners and their agents power through their challenges, and we've met many friends along the way.

We've had the privilege of representing clients of all sizes and sophistication, but there is a special place in our hearts for vulnerable, "mom and pop" landlords who are most prone to make procedural errors in a complicated regulatory regime.

Hear from raving fans »

We raise the voice of rental housing providers.

Although the political rhetoric nowadays falls squarely on the side of tenants, Bornstein Law offers a fresh perspective through the lens of underrepresented property owners.

Numerous media outlets have called upon us to articulate the unique challenges of landlords.

IN THE MEDIA

Knowledge Is the First Line of Defense

Bornstein Law has long been committed to educating the rental housing community. Our Resource Center brings together practical guidance, legal insights, webinars, and analysis to help housing providers navigate an increasingly complex regulatory environment.

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AT A GLANCE
Practice Areas

At-Fault Evictions

In the lifespan of a tenancy, residents have ample opportunity to violate the lease or engage in behavior that justifies eviction under state and local laws. Aside from nonpayment of rent, there are a myriad of other transgressions that could constitute a breach of the lease, such as nuisance or criminal activity, subletting the premises without permission, unauthorized alteration, denying lawful entry, and other reasons why a problematic tenant can be transitioned out.

Tenant Buyout Agreements

When there are no legal or convenient means to evict, landlords and tenants can engage in a meeting of the minds to negotiate a tenant surrender of possession agreement whereby the tenant vacates voluntarily in exchange for compensation. More than “cash for keys,” a properly prepared agreement releases all claims from the tenancy while giving landlords the upside potential of raising rents to market rate. In certain locales like San Francisco, Oakland, Richmond, and Berkeley, it is more than a gentlemanly handshake – these agreements are highly regulated.

Rent Increases

With the rising costs of operating a rental housing business, it is no wonder why landlords want to raise rents, but they are often constrained by how much the rent can be raised and the frequency of rent increases. While statewide rent control is more generous in terms of how much rents can be raised, several jurisdictions in the Bay Area have placed more constrictive limitations on rent hikes that must be followed to the letter. At any rate, proper notice must be served.

Licensee Evictions

Not every occupant is entitled to tenant protections. Rather, they are licensees who have permission to be on the premises and the property owner can revoke that right at any time. This is commonplace where an adult child still resides in the household because they are struggling in life. It is also prevalent when heirs and caregivers overstay their welcome after the property owner passes away. When there is no lease or rent exchanging hands and there is no tenancy, these licensees can be removed through a forcible detainer action.

Reviewing and Drafting of Leases

A rental agreement should be a living, breathing creature, but a recurring theme in our practice is landlords and property managers using stale, outdated lease agreements that do not account for evolving changes in the law. Housing providers must use lease agreements that ensure clarity and protections for both parties, address new living arrangements, incorporate new property rules and policies, and shield the owner from liability. If there are any donut holes in the current lease, the terms of the tenancy can be changed with proper notice.

Preparation and Service of Notices

Procedural errors in the drafting of notices are a surefire way to delay or lose a case, and tenants’ attorneys are adept at spotting them. No matter how strong a case the landlord has against a tenant, a lawsuit can be tossed out if procedural requirements are not followed to the letter. Bornstein Law gets this right the first time. However flawless a notice is, it must be properly served on the tenant and we have this covered, as well.

No-Fault Evictions

In certain circumstances, tenants can be transitioned out of the rental unit through no wrongdoing or fault of their own. Rental property owners can endeavor to recover possession of the unit to move themselves or a close relative into the unit, withdraw the unit from the rental market, substantially repair or renovate the unit, or comply with a government order. Yet no-fault evictions come with a host of procedural requirements and the obligation to dole out relocation payments.

Rent Board Petitions

In several jurisdictions, local rent boards are tasked with airing out landlord-tenant disputes and adjudicating requests from both parties. Tenants can petition for rent reduction when essential services are reduced, challenge rent increases, or claim that they were wrongfully evicted. Conversely, housing providers can seek exemptions from rent control, pass through costs to tenants, or argue for rent increases above allowable units.

Rental Relationships in Unwarranted Units

We know that there are thousands of unpermitted units throughout the Bay Area. As long as there is no acrimony in the rental relationship and the tenant is paying rent, these living arrangements work perfectly fine. Yet when issues arise, the situation can quickly deteriorate and become a costly thorn in the side of housing providers. Proper counsel can assist in bringing the unit up to compliance with building codes, cauterizing risk for owners, buyers, and sellers, and transitioning the tenants out of the rogue unit if need be.

Defending Against Tenant Lawsuits

Tenants enjoy a wide range of protections under state and local laws and when they feel aggrieved, there are no shortage of opportunistic attorneys willing to sue the landlord. Lawsuits are proliferating in the Bay Area with common allegations of habitability violations, illegal rent increases, wrongful eviction, retaliatory actions of landlords, harassment claims, housing discrimination, and a host of other alleged violations. Bornstein Law can defend against them.

Reasonable Accommodations

Fair housing laws require housing providers to provide reasonable accommodations to tenants with disabilities so that there is an equal opportunity to use and enjoy a rental unit. This must be balanced against undue hardships to the landlord in providing these accommodations, so the operative term is “reasonable.” Bornstein Law can assist in tenant requests for emotional support animals, use of cannabis, handicapped accessibility, hoarding behavior, and other accommodations.

Commercial Real Estate

Bornstein Law provides informed advice for commercial property owners on a wide range of issues that include the drafting of lease documents, enforcement or the defense of the rights of parties in commercial lease disputes, and the eviction of tenants. We are also well-versed in handling conflicts that arise over parking issues, common area maintenance fees, and the like. Keep in mind that certain small businesses and nonprofits now enjoy several tenant protections traditionally reserved for residential tenancies.

SMART LAWYERING.
SOUND BUSINESS JUDGMENT.

We don't just ask what the law allows. We ask what makes sense for you and your real estate investment—taking into account your goals, the economics, the risks, and the most practical path forward.

Owning rental property in California has never been simple, and today, housing providers operate in one of the most complicated and unforgiving regulatory environments in the country.

For nearly three decades, my practice has been devoted to helping housing providers, property managers, and real estate professionals navigate that environment intelligently.

As a real estate investor myself, I tend to look at landlord-tenant problems differently. A technically correct legal answer isn't always the best business answer. Every strategy has a cost. Every dispute carries risk. And every decision should be considered in the larger context of the property, the investment, and what you ultimately want to accomplish.

That's why our conversations often begin with a simple question: Where do you need to end up? From there, we can determine the most sensible way to get there.

Sometimes that means taking decisive legal action. Sometimes it means negotiating from a position of strength. Sometimes it means making a strategic concession today to avoid an expensive and uncertain fight tomorrow. And sometimes our job is to tell you candidly that the outcome you want may be difficult—or impossible—to achieve.

You deserve that candor.

Our goal is never to enlarge a dispute simply because there is more lawyering that can be done. Litigation is a tool, not an objective. We prefer to lower the temperature, identify the available leverage, and resolve problems as quickly and economically as circumstances allow, always weighing time, risk, attorneys' fees, and the larger value of the investment.

At the same time, when a dispute cannot reasonably be avoided, our responsibility is clear. We fiercely advocate for our clients and remain focused on accomplishing the objective we were hired to achieve.

We also believe that good counsel shouldn't begin only after something has gone wrong. In a regulatory environment where seemingly small mistakes can have significant consequences, some of our most valuable work is helping clients understand their options before they act—cauterizing risk rather than cleaning up the damage afterward.

Landlording in California can be difficult. The rules change, local ordinances overlap with state law, and the human dynamics of rental relationships can make already complicated legal questions even harder.

You don't have to navigate all of that alone.

Our job is to know the terrain, give you frank and sensible advice, protect your interests, and help you make smart decisions about your real estate.