Daniel Marc Bornstein’s Answers

Daniel Marc Bornstein

San Francisco Landlord / Tenant Lawyer.

Contributor Level 6
  1. My family's apartment building is dealing with a decision wether or not to try to evict a tenant who happens to be disabled.

    Answered about 2 years ago.

    1. Daniel Marc Bornstein
    2. Stephen Kennard Lightfoot II
    3. Michael Raymond Daymude
    3 lawyer answers

    If you can prove that she continues to permit this person to enter the premises and he is a disturbance to others, you may prove able to evict for nuisance.

    5 lawyers agreed with this answer

  2. Can my lanlord break into my place change a lock & tell me if i dont leave the apartment in the morning,hes going to go to test

    Answered about 2 years ago.

    1. Daniel Marc Bornstein
    2. Frank Wei-Hong Chen
    3. Scott Richard Kaufman
    3 lawyer answers

    Absolutely not. The landlord faces sever civil liability for the alleged conduct. Happy to be of assistance.

    5 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Daniel Marc Bornstein
    2. Harris Justin Brumer
    3. James Coy Driscoll
    3 lawyer answers

    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.

    4 lawyers agreed with this answer

  4. Notice of right to inspection prior to termination of tenancy

    Answered about 2 years ago.

    1. Daniel Marc Bornstein
    2. Paul Bradley Schroeder
    2 lawyer answers

    Yes, the landlord did not comply with his/her statutory obligations. However, my follow-up comment is whether or not the deductions taken had merit?

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. 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?

    Answered over 1 year ago.

    1. Daniel Marc Bornstein
    1 lawyer 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).

    2 lawyers agreed with this answer

  6. Lease problems

    Answered about 2 years ago.

    1. Daniel Marc Bornstein
    2. Frank Wei-Hong Chen
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  7. I had a three day notices posted on my door on in the 16th of Oct then one came in the mail of the 20th with different amount

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. Daniel Marc Bornstein
    2 lawyer answers

    I would pay your rent immediately. There is likely a problem with the two notices having different amounts. However, your best course of action is to deliver the rent to the landlord asap.

    2 lawyers agreed with this answer

  8. I signed a 12 month lease and the apartment i moved to is a nightmare. How can i get out of the lease?

    Answered over 2 years ago.

    1. Daniel Marc Bornstein
    1 lawyer answer

    I would need additional information as to why it is a "nightmare" -- maybe the owner is in breach of contract for interfering with your quiet enjoyment of the premises or the landlord has breach the warranty of habitability -- however, more information is needed.

    2 lawyers agreed with this answer

  9. Relocation benefit san francisco

    Answered over 1 year ago.

    1. Daniel Marc Bornstein
    2. Daniel Ralph Devoy
    2 lawyer answers

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

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. After realizing an apartment was introduced to us with wrong price, we disagreed to take the deal, but the agent signed us up

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Daniel Marc Bornstein
    3. Kevin Lewis King
    3 lawyer answers

    If you have the lady's agreement to discard the deposit check and application in writing, I believe that you could pursue a lawsuit against the company if they wrongfully retain possession of the deposit. Further, I would question how/why the rent posted was raised with a claim of a "misprint." Seems a bit suspicious and/or negligent.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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