On May 18, 2011, the Court of Appeal issued a published opinion in the case Kaufman v. Goldman. This case, which Small Property Owners of San Francisco supported publication of (so it could be relied on by all property owners rather than just the parties to the case) is very important to San Francisco landlords because it sets to rest, in their favor, arguments that our firm had been making – and winning – for years. The Court properly held that: 1) tenants cannot manipulate or create a tenancy merely by sending checks to a landlord (and requiring the landlord to painstakingly reject each one); 2) a settlement is a settlement; and 3) move-out provisions in settlement agreements do not violate the Rent Ordinance. This is an important case. We congratulate the winners and thank the Court for publishing it.




