Feature

by Eric Andresen

The latest edition of the PPMA Residential Tenancy Agreement is now available from the San Francisco Apartment Association (SFAA).

The new agreement complies with the latest requirements and regulations recently enacted at state and local levels. It now incorporates several amendments that were suggested over the years by SFAA members and various San Francisco attorneys. The
following are some of the notable changes.

Furnished or Unfurnished Units
Space on the first page to indicate whether a unit is furnished or unfurnished and, if furnished, recommends use of the California Apartment Association’s Furniture Inventory form.

Single Rent Payment
Owner has the right to demand a single rent payment from a multiple-tenant tenancy, and the owner never accepts third-party checks.

Smoking
A checkbox to indicate if a unit is designated as nonsmoking.

Marijuana
More specific language in the Use/Occupancy section regarding illegal use and cultivation of marijuana.

Assignment and Subletting
Informs the original tenant that he or she may not charge more rent to the subtenant than the proportional share of the tenancy costs.

Satellite Dish
Meets current regulations and firmly establishes the owner’s right to deny installation based on concerns regarding the visual appearance of the property.

Locks
Establishes the owner’s right for reimbursement of any expenses resulting from the tenant’s actions such as replacing locks after keys have been lost.

Tenant Denial of Access to Unit
The Entry and Inspection section includes specific language that spells out that continued failure to grant access is a just cause for eviction.

Termination
Establishes the current 60-day notice requirement and specifically states the owner’s right to recover possession for personal occupancy.

Arbitration
Removed the entire Arbitration Clause section in response to recent court decisions that determined a demand for arbitration cannot be enforced in residential tenancy agreements.

Non-rent-controlled Apartments
The Additional Terms paragraph includes a specific waiver that, in the event the lease is used in a non-rent-controlled unit, reference to rent-control laws does not make the premises subject to rent control.

Receipt Portion
Includes spaces for prorated rent and for prepaid rent.

Hauling Costs
In the House Rules a specific line item indicates that the tenant is responsible for any costs of hauling or disposing of any items not collected by scavenger services.

Several other clerical corrections have also been made to the agreement in response to the concerns of SFAA members. These include a longer line for the tenant’s name(s) and more space for other charges on the signature page.

The latest version provides even more protection to the owner while also ensuring fair and equitable treatment of the tenant. Make sure you pick up the latest version before entering into your next tenancy. Please call 415-255-2288 and order yours today. SFAA’s office is located in Hayes Valley at 265 Ivy Street in San Francisco. Copies are available for $10 each, or $90 for 10. Cost for non-members is $35 each.

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The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Eric Andresen is the current president of the SFAA, the vice president of the California Apartment Association, a past president of the PPMA and the original author of the PPMA Residential Tenancy Agreement. Eric owns and operates both West Coast Property Management and West Coast Property Maintenance Company. He can be reached at eric@wcpm.com. Copyright © 2004 by the San Francisco Apartment Magazine. All Rights Reserved.