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Daniel Marc Bornstein
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Daniel Bornstein’s Answers

26 total

  • What options do i have for a property manager not following the hoa rules

    9 unit attached single familiy gated homes / 5 rented - 4 owner occupied - 3 on the board - president is not complying with rules and property manager is not enforcing after several complaints

    Daniel’s Answer

    This is a complex situation, something my firm and property management company can easily assist you with. Please contact my colleague, Kevin Alkire at Bay Property Group (mention I referred you) and he can easily assist you in Hayward. Do not attempt to solve this on your own, it will not be a simple solution.
    Best regards,
    Daniel Bornstein, Esq.
    The Law Offices of Bornstein & Bornstein
    415-409-761
    Bay Property Group
    510-836-0110

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  • A commercial tenant, he is behind in rent and does not seem to be using the space?

    The tenant started to his own TI's, he has not completed the improvements and it appears to have done minimal work and nothing for months. He is past due for October and November rents. He ignores written communication. Can the office be consid...

    Daniel’s Answer

    You will need to serve a properly prepared 3 day notice. However, since it is a commercial tenant, you first need to review the lease agreement to determine the service requirements, especially if the tenant is a corporation.

    Happy to be of assistance.

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  • Do I need to do anything after I received a Three day notice to pay or quit?

    or I need to wait for court papers?

    Daniel’s Answer

    You could decide to pay the rent that was demanded during the three day notice period or you could vacate the premises before the expiration of the notice. Choosing one of these two options would avoid the possibility of having to defend yourself against an unlawful detainer (eviction) lawsuit.

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  • Relocation benefit san francisco

    im living in an inlaw unit in the sunset district in san francisco and the owner is trying to sell the house away. i have been living there for 5 years i had a 1 year lease with them and now have a month to month. do i qualify for relocation benef...

    Daniel’s Answer

    Yes, you do provided the property was constructed before June, 1979.

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  • I have a long term lease in a single family home in San Francisco.

    The bank foreclosed on the house and sold the house to an investor with NO announcement to me the renter. The investor maybe looking to possibility sell it immediately to a potential OMI. Am I allowed to live out my lease out or can the new OMI ev...

    Daniel’s Answer

    Per SF Rent Control (Just Cause) Ordinance, it is likely you cannot be displaced during the term of your lease and the new owner will have to wait until the lease term ends before seeking your eviction. However, this assumes the lease entered is bona fide.

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  • How do I handle a litigious landlord if I bust him for renting an illegal in-law apartment to me?

    Several friends have told me that my in-law unit might not have the proper permits and might be illegal but I have no way of knowing how, or if I should call the Dept. of Building Inspection. In a complicated twist, landlord and building owners ar...

    Daniel’s Answer

    First you should investigate whether or not you are sure it is an "unwarranted" unit. You can go to the Dept. of Building Inspections and investigate. Thereafter, if, indeed, it is "unwarranted," you can report it to DBI. However, that may likely result in the landlord having to remove the unit from housing causing you to lose your housing. But, you would thereafter, likely have the ability to successfully sue the owner for multiple causes of action.

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  • I am selling my property in Fremont, CA. Tenant is on section 8. Lease is up 4/3/13. What is the protocol in giving notice?

    I also need to enter property for inspection. Tenant is adamant and will not let me in. What can I do at this point to enter the property for inspection? Should I give a 60 days or is it required to give 90 days notice for section8 tenants? ...

    Daniel’s Answer

    I would serve a 90 day notice of termination of the lease (non-renewal). Section 8 -non-renewal requires 90 days per California law.

    Post the notice to enter. If the tenant refuses to allow entry, you could serve a notice to cure or quit for violation of a lease covenant (comply with laws).

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  • Lease problems

    Hi we informed our manager that we were leaving on the 15th of october she fine then and even helped us with the whole situation today her husband is calling us and yellling at us telling us that the office are calling them that why havent we paid...

    Daniel’s Answer

    Do you have anything in writing regarding acknowledging that you had an agreement to vacate on October 15th? Do you have a fixed term lease? When did the individual die in the unit?

    With that information I can better answer the question.

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  • I suspect my roommate is using drugs, do I have any options?

    I think my roommate is using drugs, smoking something that isn't cannabis. I've never seen her use nor does she ever mention using drugs, but there are indirect signs that she may be. Would it be illegal for me to search her room? Is there ...

    Daniel’s Answer

    What are the indirect signs that she is using narcotics? You may want to ask her what it is that she is doing in the unit? If you have a credible belief that narcotics are being used, you could commence the necessary steps to terminate her roommate relationship. You should speak with an attorney.

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  • Section 8 tenancy termination -- in San Leandro (Alameda County)

    I have a tenant that has 1) paid rent very late the last few months 2) not paid the late fees at all 3) has moved in her bf without telling me and 4) when I tried to collect the late rent the bf verbally attacked me - cursing, yelling, etc. They...

    Daniel’s Answer

    You need not serve a 90 day notice, but can commence the eviction process by the service of a 3 Day Notice to Pay Rent or Quit and/or a 3 Day Notice to Cure or Quit for violation of the lease covenant prohibiting subletting.

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