Section 13.12 Date “Occupancy Commenced”

(Adopted July 12, 2022)

            Pursuant to state law and the Rent Ordinance, the rights of tenants who do not have a written or current lease are protected. (See, e.g., Cal. Civ. Code §§ 1091, 1624(a)(3); Rent Ordinance §§ 37.2(t), 37.3(a).) As such, an owner or manager may not have exact or accurate information regarding the date a tenant’s occupancy commenced. In the absence of a current lease or other written document memorializing the date a tenant’s occupancy commenced, an owner or manager may rely on any available information to approximate this information to the best of their ability, including but not limited to a certificate of estoppel or a verbal statement from the tenant. If approximate information cannot be ascertained, an owner or manager may state that the date occupancy commenced is unknown, and provide an explanation as to why the information is unknown (e.g., the occupancy commenced prior to the owner/manager taking ownership or responsibility for the property).