DavewassermansfTo charge or not to charge late fees? Our industry has struggled in recent years over the question of whether to demand a fee on rent received beyond the due date or for payments that are returned for insufficient funds. Years ago, leases commonly permitted housing providers to charge a percentage of the rent, such […]
A tenant has requested to sublet their unit while temporarily relocating for work. Our lease agreement restricts subletting, but the tenant insists they have the right under San Francisco rental laws. What are my legal rights and obligations, and how should I proceed? Don’t fret about subletting! Since 1998, the City’s rent law has increasingly blessed subletting […]
A previous resident who constantly lodged complaints about what I perceived to be minor issues like lightbulb replacement, leaking faucets, and difficulty opening windows is now claiming constructive eviction, arguing that the repairs were not undertaken promptly. What is my best defense? Constructive eviction lawsuits are increasingly common now in California. And, as you undoubtedly […]
A tenant claims to have failed a drug test for employment because of marijuana smoke entering his unit from a neighboring apartment. Do I need to get involved? Failing a drug test should be the least of everyone’s concern. About 20 years ago, SFAA ran an article detailing the adverse health impacts caused by second-hand […]
One of my tenants is running some kind of business from the apartment, where people are being buzzed up every workday. Neighbors are complaining. What can I do? The pandemic taught us all that working remotely from home is here to stay. No longer should we expect our residents to leave each morning at 7:00 […]
I received an application for a vacant unit. The prospective tenant uses a wheelchair and has requested modifications to the bathroom for accessibility. What are my obligations under fair housing laws? Under federal and state fair housing laws, we can never discriminate when renting to someone based upon disability. This means a decision to decline […]
Over the course of three years, one tenant has had three bed bug infestations. Each time, I remedied the situation with a vetted professional. But these treatments are costly. Is there a way to have the tenant pay since it keeps happening? No other unit in the twelve-unit building has ever reported bed bugs. Perhaps the […]
What are the new rules regarding lithium battery-powered devices, and how do we ensure building fire safety with the charging and storage of these devices inside our properties? A 2024 state law, Civil Code section 1940.41, now governs how we manage the increasing use of personal micromobility devices that many residents use for transportation. A […]
A resident consistently fails to clean her unit, leading to pests and potential health hazards. I’ve reached out to her a few times, but the situation hasn’t improved. What are my rights/responsibilities? This is a difficult circumstance because the resident’s inaction is causing harm to the rental housing as well as to the apartment community. While […]
I learned that a resident no longer lives in his one-bedroom apartment and has been subletting it since 2022. I found an old advertisement where he was offering the place for twice as much rent. What can I do? The first course of action you must take is to donate to the campaign to save […]
A resident gave me a 30-day notice to vacate two months ago but did not vacate as announced. And now rent is not being paid. What can I do? This question highlights the fact that in San Francisco and in other places with strict rent control laws, a resident’s notice to vacate may be rescinded […]
A former tenant is suing me for his security deposit refund. Is there anything I can do to prepare for this hearing besides documenting the damage? This question warrants a brief review of the security deposit rules and the processes required when residents vacate. Beginning July 1, 2024, most housing providers may only request one […]
I’ve always believed my in-law unit to be a legal unit, but I recently found out it is unpermitted. The current resident has been living there for a few years. How should I move forward? Years ago, housing providers had options. For starters, they could simply withdraw the unwarranted unit from housing use by securing […]
Before a tenant signed a lease, I told her the neighborhood was safe. Her car has been broken into twice in three months, and she is claiming I misrepresented the neighborhood. How can I protect myself? For starters, never represent that a neighborhood is “safe.” The reality nowadays is that no neighborhood comes close to […]
I have received multiple complaints from neighboring units above an elderly resident’s home where there is potential hoarding and cluttering. This resident has declined my request for entry. What should I do? As reported by the 2007 San Francisco Taskforce on Compulsive Hoarding where SFAA was a participant alongside other community stakeholders, compulsive hoarding and […]
I believe that an apartment in my building has been abandoned. How should I proceed with entering and reclaiming this dwelling? California has an expedited process permitting housing providers to reclaim rentals that are believed in good faith to have been abandoned. The process may be used if rent has been unpaid for more than […]
A tenant has reported black mold. I don’t want to make any mistakes. How should I proceed? First, notice an entry to inspect the site of contamination. Please do not attempt to clean up the mold yourself. Hire a professional and reputable mold remediation company to accompany you so that a proper remediation plan may […]
A current tenant asked me for a rent decrease after seeing an ad for a vacant unit in the building at a lower price. What should I do? The Doom Loop’s effects will not spare the residential rental market. With office occupancy in desperate straits and retailers fleeing the City, apartment pricing is bound to […]
Volume down and days on market up in first quarter, according to Colliers report David Wasserman and Allison Chapleau (DavidWassermanSF, AllisonChapleau) With interest rates up, tech layoff announcements coming fast and furious, and rents still well below 2019 levels in much of the city, apartment buyers had already been feeling anxious about the market going into 2023. […]
Are there circumstances where a tenant can legally withhold rent? Yes, there are defined circumstances that permit your residents to withhold rent, and they all have one thing in common: A failure to maintain the apartment and/or the building. As repeatedly emphasized in SFAA meetings and course offerings, rental housing must always have (i) effective […]
I was never able to convince my tenant to participate in the various rental assistance programs throughout the pandemic. Is it too late to obtain funds? The answer is “no,” it is not too late. In fact, effective March of 2023, a local City-funded rental assistance program is covering rents that accrued during the past […]
One of our apartments has a bed bug infestation. We believe that the tenant brought them in. Who is responsible for remedying the situation? You are entirely responsible for remedying the situation, period. It does not matter who you think brought the bed bugs in. You, as the housing provider, have the nondelegable duty to […]
Posted by wasserman Residents would like to pay rent using Venmo or Zelle. What if a non-tenant deposits funds into my account? Would that automatically create a tenancy? The answer is maybe. Understandably, members are constantly and rightfully mindful of establishing a direct owner-tenant relationship with subtenants or “subsequent occupants.” For the past twenty-five-plus years, […]
Posted by wasserman What must we do when residents in our buildings lodge noise complaints against their neighbors? This question has come up more often these days now that folks oftentimes work from home and, as such, are spending more time in the building. Owners and managers are increasingly receiving complaints such as: “My neighbor’s […]
Posted by wasserman A tenant gave her 30-day notice to vacate. I quickly found new tenants and signed a lease with them. But now the current tenant wants to rescind the notice to vacate. Since I have already signed a new lease, I would rather not accept this rescission. What are my options? Unfortunately, your […]
Posted by wasserman I need to temporarily relocate my tenants to complete repair work in their unit. What is the proper legal notice I should send? What if they refuse? Both state and local law afford property owners the right to enter occupied rental housing to perform necessary or agreed upon repairs. Residents must accommodate […]
Posted by wasserman I have been sharing my duplex with the same tenant for over 20 years. At this point, I would like to sever the relationship and have her move out. Am I legally entitled to do so? The answer is not an easy “yes” or “no,” but instead is dependent upon whether or […]
Posted by wasserman Why “smart money” is chasing San Francisco apartments Rent slump provides institutional investors the chance to buy out struggling mom and pop landlords When David Wasserman first started working as a San Francisco landlord attorney in the mid-1990s, his clients often had blue-collar day jobs as plumbers or garbage collectors. Most likely […]
Posted by wasserman A tenant sent me a receipt from a plumber for a shower repair with the total amount deducted from their rent payment. I’m half-relieved I didn’t have to deal with the problem, but is this bad practice? Could it backfire? It is bad practice, and it most certainly can and likely will […]
Posted by wasserman A tenant’s car was broken into, and he hasn’t addressed it. The vandalized car is still there, with a shattered window, and glass fragments inside of the car and all over the sidewalk and street. Can I ask him to clean it up? Yes, you certainly should ask the resident to clean […]
Posted by wasserman On the application I give to potential renters, I ask why they are moving. Is this inquiry permissible? Yes, asking a potential applicant why they are relocating is probably okay. But you are wise to exercise caution as to what inquiries you are making of potential applicants. Fair housing claims are on […]
Posted by wasserman In a studio apartment, one tenant has an emotional support cat, but now she is asking for an emotional support dog. Am I obligated to permit two emotional support animals (ESAs)? Is there a limit to the number of animals permitted in an apartment? The short answer is “no,” there are no […]
Posted by wasserman I have not received rent from a tenant in three months. Nor has he responded to emails or phone calls, so we have had no communication. Should I check to see if he is okay? The short answer is “yes,” you should do a wellness check. Sadly, due in part to the […]
Posted by wasserman A resident added her new spouse’s name to her checks. By cashing these checks, am I also acknowledging her partner as a co-occupant? The answer is “probably not.” If the original resident signed the check, and you have been and remain diligent about not recognizing the new spouse as a co-occupant, you […]
Posted by wasserman A tenant attorney submitted an application to rent a vacant unit in my building, but I would rather not rent to a tenant attorney. Is there a way to lawfully deny her application? This is one of those questions where the technical answer is “yes, you may deny the applicant because attorneys […]
Posted by wasserman I’ve received multiple complaints about one tenant vaping and smoking marijuana. How should I approach the offending tenant? Can I request to see his medical marijuana card? “Smoke is smoke. Both tobacco and marijuana smoke impair blood vessel function similarly. People should avoid both….” -Matthew Springer, cardiovascular researcher and Associate Professor of […]
Posted by wasserman I purchased an older multi-unit building. One unit has been occupied by the same tenant for forty years (through three different owners). There is no lease agreement in place. As the new owner, can I request that he sign a new lease? The short answer is yes, you may request that they […]
Posted by wasserman We are planning on finding long-term renters for our single-family home for the first time. How have the laws changed for these types of rentals since AB 1482 passed? In the midst of the pandemic and all of the ensuing chaos, many of us have forgotten that as of January 1, 2020, […]
Posted by wasserman A unit will soon become vacant in my building. However, I just discovered that the original resident moved out about nine years ago. His ex-girlfriend, who never signed the lease agreement, is the current and last occupant leaving. What do I do with the security deposit? Look no further than to Paragraph […]
Posted by wasserman I am in the process of refinancing a duplex, and an appraiser will need access to the apartments in the building. Tenants in one unit refuse to grant access due to COVID. Is there anything I can do to get the appraiser in? This question highlights a tremendous transformation in our housing […]
Posted by wasserman A potential tenant is negotiating a lower rent. Can I offer them a gift card to offset their move-in costs in order to keep the stated rent high? Yes you can, but you better be prepared to have that higher rent stated in the lease challenged at some point in the future. […]
Posted by wasserman After the tenant vacated, I found the bathroom full of mold and will need to have it professionally cleaned. I was not aware of this problem during the tenancy, and it appears as though the mold growth was caused by a lack of cleaning and ventilation during the tenancy. May I deduct […]
Posted by wasserman A long-time tenant got married this year, and now has a joint bank account with his wife. If I cash a check from this joint account, would I be acknowledging his partner as a tenant? The basic answer is “probably not.” We always urge members to refrain from any course of action […]
Posted by wasserman In December of 2020, the San Francisco Board of Supervisors passed a rent ordinance amendment that will require unit registration and licensing. The Rent Board will be develop a form to use for this mandatory reporting. This is major legislation that will impact the industry in many ways. In particular, we will […]
Posted by wasserman Collecting Rent in the COVID Era Once the Tenant Relief Act expires next year, how should I collect the 25% of unpaid rent? What if the tenant vacates before then? Will I ever be able to collect the remaining 75% of unpaid rent? Firstly, everyone should note that the state legislature has […]
Posted by wasserman What Can I do if the Tenant Claims Rent is Above Fair Market? Understanding that I am not obligated to offer a rent reduction, can tenants successfully argue that their current rent is now above market value through the Rent Board or another forum? There is a common misperception about what the […]
Posted by wasserman I would like to rent the units in my duplex furnished for short-term three month stays, and wait until rents are up again before finding a long-term tenant. Is this legal? The short answer is “no,” this is not legal anymore. In July of 2020, the Board of Supervisors passed what is […]
Posted by wasserman Our tenant has not paid rent since March, claiming COVID-19 hardships. We believe he is still working. What are our options? The COVID-19 crisis has forced us as an industry to instantly reevaluate how we do business. As most of us now know, once the pandemic became pronounced in early March both […]
Posted by wasserman The law is very clear on this subject and has recently been circulated by the Rent Board in light of the COVID-19 crisis: A landlord who grants a rent reduction due to market conditions makes that reduction permanent. This means that future rent increases must be based off of the lowered amount, […]
Posted by wasserman Before the COVID-19 crisis changed our world, owners were usually not asked to temporarily reduce or forbear a tenant’s rent. That reality has now changed, as unemployment numbers are off the charts and incomes are drying up. Rent Board decisions in the past have held that where a landlord agrees to temporarily […]
Posted by wasserman If a rent controlled unit is not the master tenant’s primary address, can the rent be raised to market rate? Not necessarily. For the past 25 years we have written about the benefits of the Costa-Hawkins Rental Housing Act, a state law which permits an owner to impose an unrestricted rent increase […]
Posted by wasserman Am I required to have an on-site manager for my 16-unit building? There is a resident who takes care of the building’s maintenance for me in exchange for discounted rent. Is this good enough? The short answer is “no.” There is common misunderstanding about this requirement in our industry. The law that […]
Posted by wasserman The last master tenant moved out of my unit and is asking me to return the security deposit. I know I have 21 days to return it, but I just sent a market-rate rent increase notice to the subtenants residing in the apartment, to which they have 60 days to respond. I’m […]
Posted by wasserman When noticing my tenants of a rent increase, should I include the names of unauthorized subtenants? Absolutely not. In 2018, we, the multi-family housing industry in California, spent upwards of $70 million to defeat Proposition 10, a ballot initiative that would have repealed the Costa-Hawkins Rental Housing Act and further diminished the […]
Posted by wasserman This November, our industry faces its toughest challenge in almost thirty years: Saving Costa-Hawkins from repeal and preventing the inevitable rebirth and expansion of vacancy control. More than enough ballot signatures have been collected and certified to place the Costa-Hawkins repeal measure on the November 2018 state ballot, meaning between now and […]
Posted by wasserman We bought a tenant-occupied duplex and didn’t revise the lease at the time of purchase. The same tenant is still there, and there are some changes we’d like to make to the lease, including use of common areas. Can we change the lease, two years after taking ownership? You must first serve […]
Posted by wasserman A unit of mine had a bedbug infestation. Per the pest control operator’s (PCO) instruction, my tenant had to dry clean all of her dry-clean-only clothing and now wants a reimbursement. Am I responsible for her dry cleaning bill? Further, will I be required to let all prospective tenants know about this […]
Posted by wasserman What is the difference between a service animal and a comfort animal? And are guests of my tenants allowed to enter the building with both despite my “no pets” policy? This discussion begins with an admonition to all landlords that service and comfort animals, often collectively referred to as assistive animals, are […]
Posted by wasserman This is a very relevant yet complicated question that inevitably faces almost every landlord at some point. Indeed, I myself have faced numerous tenant deaths both as a landlord and a landlord attorney. While researching this topic, I came across many websites not just from authorities in California but from all over […]
Posted by wasserman I found out that a master tenant has rented a “windowed closet” as a bedroom to a subtenant. The subtenant has been living there for three months. Is this legal? The reality is that, absent clear lease language defining what constitutes a permissible bedroom, the landlord may not be able to prohibit […]
Posted by wasserman I own one unit in a two-unit building. I relocated a few years ago, but now my job is transferring me back to San Francisco. My unit is occupied by an elderly married couple, both 61 years old. Can I move back into my unit? Maybe. A big misconception amongst landlords is […]
Posted by wasserman To maximize income, should we rent individual rooms in a single-family home that we own and where we don’t reside? What about renting individual rooms in a multi-bedroom apartment? Both are bad ideas and this author implores the membership to stay away from such strategies no matter how alluring the potential income […]
Posted by wasserman Can a landlord negotiate a buy-out agreement with a tenant at the start of a tenancy? This author believes that the answer is definitively “no.” In March of 2015, a “buyout” provision was added to the rent law. The legislative intent behind this amendment was to provide tenants who were negotiating a […]
Posted by wasserman About two years ago, I rented a 2-bedroom apartment to two roommates. One tenant has just notified me that she is getting married and moving out. The remaining tenant would like the lease changed to her name only. Is that advised? The short answer is “no,” that is not advised. There is […]
Screening Subtenants Can I screen new subtenants if I have no intention of adding them to the lease? The answer is “yes,” you can. However, this author emphatically advises that you do not screen new subtenants. As many landlords know, the local rent law permits tenants to bring in subtenants under three circumstances. One, a […]
Posted by wasserman What are my rights as a landlord to request information from a master tenant about who else is occupying the unit? You may request anything you want. Compelling a response is a different story. There is no law that requires a tenant to divulge personal information to the landlord. Management often asks, […]
Posted by wasserman A long-term tenant has passed away. His adult son, who previously lived in the apartment with his parents but now lives with his family in his own home, has taken over the below market rate lease. He claimed his intention had always been to return to the apartment eventually. Is there anything […]
Posted by wasserman My longtime tenant recently discovered that a newly placed tenant across the hall is paying $200 less than him in monthly rent, so he asked for a rent reduction. May I agree to a temporary rent reduction? What about offering him a rebate instead? Despite what may have been stated at a […]
Posted by wasserman What is a landlord’s obligation to a tenant who is displaced from a rental unit because of a fire or other disaster? Many tenants have been displaced recently because of building fires. Undoubtedly, there will be a major earthquake someday that could potentially displace thousands of tenants. The Rent Board’s Rules and […]
Posted by wasserman My apartment building has restricted high-security front door keys that tenants are unable to duplicate on their own. One of my tenants who rents the studio apartment with her name only on the lease is asking for an additional key for her boyfriend. Are we obligated to make the extra key? If […]
Posted by wasserman I own two flats. I live in one and rent the other. I plan on traveling to Europe for two months this summer and would like to sublet my owner’s unit to help cover the costs of my trip. A friend of mine is interested in renting my unit for the summer. […]
Posted by wasserman I am wondering how to handle automatic electronic fund transfers for rent payments. Is there a way to ensure that the tenant named on the lease is indeed the one sending the automatic payment, so that the landlord is not accepting funds from non-tenants and thereby giving them tenancy rights? I am […]
Posted by wasserman I own a 15-unit building that is completely non-smoking. I have received complaints from a tenant that she occasionally smells smoke, but cannot tell which unit it is coming from. I have sent non-smoking reminders to all tenants. Do I have any legal responsibility to do anything if I find out who […]
Posted by wasserman My tenant broke the large picture window in the living room. I obtained a quote for $1500 from a licensed contractor. The tenant obtained quotes between $500-$600. Which quote do I use? Every landlord should always oversee and administer repairs and maintenance to apartments. This duty should never be delegated to the […]
Posted by wasserman Title: Subtenant Safety Author: David Wasserman Dek: For the last five years, SFAA’s advice to owners regarding subtenants has remained the same: the less you know, the better. Word Count: 1,700 The following is an excerpt from an SFAA membership announcement I co-wrote with three of my colleagues, Clifford Fried, Saul Ferster […]
Posted by wasserman I have two tenants in one of my units, only one of whom is on the lease. When a recent rent payment was due, I accepted payment from them both, though the tenant who is not on the lease did not pay all the rent that she was supposed to. From now […]
Posted by wasserman I have a prospective tenant who wants to move into a vacant unit and she has a comfort pet. Her financials are good, but I’d rather rent to another tenant whose financials are just as good but who doesn’t have a comfort pet. Can I do so without it seeming like I’m […]
Posted by wasserman Does the Chiu Airbnb legislation override the provisions against this kind of subletting in the SFAA lease? The short answer is “no,” it does not, as more fully explained below. On October 7, 2014, the Board of Supervisors passed legislation sponsored by Board President David Chiu that allows tenants and owners to […]
Posted by wasserman I have an 80-year-old tenant that I have not seen in six months, though he continues to send rent checks postmarked from outside SF. The phone has been disconnected and the locks have been changed. I have posted a note on the door requesting a new set. The note was removed one […]
Posted by wasserman A tenant wants her boyfriend of six months to move in and asked me for another restricted access building key for him. If I permit the move-in, how do I give her the key without establishing him as a master tenant? The rent law was amended in 2005 to allow tenants to […]
Posted by wasserman We have two subtenants who are going to sign a new lease as master tenants. The third subtenant has elected to remain off the lease and stay a subtenant of the two other tenants. Is there anything we need to do about this third tenant to protect ourselves down the line? Or […]
Posted by wasserman My tenant is going to travel for several months and wants a friend to move in as a “dog sitter” while he is gone. What should I do? Tenant must obtain the prior written approval of Owner if an invitee or guest of Tenant will be present at the Premises for more […]
Posted by wasserman My tenant asked me, via email, if his girlfriend can move in. If I say yes, does that waive my right to raise the rate to market rent if he eventually moves out and she stays? How should I respond to his email? If you have no objection with the girlfriend moving […]
Posted by wasserman Recently, one of our tenants has been complaining that her nose is stuffed up whenever she is in the building and that she believes there is mold. We looked, but did not see any. Still, she believes it is there and is asking us if she can break her lease. What should […]
Posted by wasserman I am renting one unit to my nephew and his girlfriend at a discounted rate. Is it okay to put only my nephew on the lease even though I know his girlfriend will be moving in as well? If they break up, will she be able to stay at the discounted rate […]
Posted by wasserman One of my tenants recently asked me if he could keep a friend’s small dog for a week while the friend is away on vacation. I have a no-pet provision in my lease, but I don’t mind the short-term stay. But, if I allow the tenant to do this, do I waive […]
Posted by wasserman Can you explain the new changes regarding how to deal with abandoned property after the tenant moves out? Landlords have certain obligations to deal with a tenant’s abandoned property if the tenant has vacated or been evicted. Recent changes, supported by CAA, have been made to these laws to make it easier […]
Posted by wasserman My tenant changed the locks on some if not all of the doors of the home that she is renting from me. I understand that I can serve her a notice that she must provide a copy of the keys to those locks to me. If, after serving this notice, she does […]
Posted by wasserman My elderly disabled tenant’s car is leaking oil and I am concerned that someone could slip and fall. I have sent a letter telling the tenant to clean up the oil, but so far she has not done so. What do I do now? Am I liable if someone falls? Once again, […]
Posted by wasserman I have requested that a tenant remove his items from a common area in my building. So far he has not done so, but he has sent his rent for the month. Can I cash the check or will that waive my right to ask him to remove his things from the […]
Posted by wasserman Recently, tenants in my building were displaced because of a fire next door. The original tenant of one unit has notified me that he wants to return when his unit is repaired, at the same rent. The problem is, I don’t know if his two roommates were still living at the building […]
Posted by wasserman You can pay them (right) now or you can pay them (a lot!) later Introduction One of the most important people involved in the success of your property’s performance is the on-site manager (Resident Apartment Manager). This person is often the face of your property in your absence and may even be […]
Posted by wasserman A tenant reported a problem with bedbugs after living in the apartment for three months. Within 24 hours, the property management company responded with the proper treatment. Can a tenant break a lease due to bedbugs even though the owner has properly treated the apartment by a bedbug expert? The bedbug problem […]
Posted by wasserman My lease does not cover move in/move out fees. I found out after I signed a tenant to a new lease that there is this fee by my condo association. Can I recover this when my tenant moves out in a mid-rise new building—i.e., no rent control? The answer is no. It […]
Posted by wasserman I recently gave a tenant notice of an upcoming rent increase. He verbally told me that he has no intention of paying the new amount. What should I do? Service of rent increase notices can create tension. Oftentimes, tenants are unaware that your operating costs continue to rise. In recessions, when people […]
Posted by wasserman I told my tenant that I wanted to raise his rent $100 and he agreed. Then I realized that even with banked rent increases I can only raise it about $30. What should I do? Rescind the unlawful rent increase immediately, and promptly refund any overage to the tenant. The rent law […]
Posted by wasserman Q: My tenant asked me if she could have an extra key to give to her boyfriend. She specified that he would not be living there, but that she would like him to be able to get in occasionally if she is not there. What should I do? For San Francisco rent […]
Posted by wasserman At what point during the eviction process can I change the locks on the apartment doors? After a drawn out eviction trial, there is no better feeling than winning your case and having a judgment granting you possession of your apartment. Sometimes the judgment will also include monetary awards, such as back […]
Posted by wasserman I have a no-pet policy in my building, but recently one of my tenants said he needs a “comfort pet” and had the doctor’s note to back it up. I knew I had to allow him to have it, but now I have another tenant (with her own doctor’s note!) saying that […]