PropertyManager.com

Federal Laws Property Managers Must Be Aware Of – Part I

Posted on 31. Jan, 2012 by Mary Girsch-Bock.

Sometimes it seems as if all property managers spend a majority of their time memorizing various rules and regulations. New employees in particular are always trying to learn basic rules such as “when do we return security deposits, or what account does this deposit go into?”

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Think Lodging Credit is Easy? Think Again

Posted on 02. Dec, 2011 by KTS-Law.

There has been a recent influx in lawsuits by employees in the property management business. After much consultation and defense of employers in this industry, it has become clear that many employers fail to correctly pay taxes on lodging credit. One of the major problems employers have is grasping the understanding that lodging credit is still “compensation” for tax purposes.

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Judgment Debtor Exams and the “Secret Lien”

Posted on 23. Aug, 2011 by KTS-Law.

If you were successful in obtaining a judgment against a former tenant or other third party, chances are you will not be paid voluntarily. Sometimes obtaining the judgment may prove much easier than collecting it. This article will discuss judgment debtor examinations and the “secret lien” which are little known tools that can lead to success in the collection effort.

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Case Investigation: Maximizing Commercial Collection

Posted on 29. Jul, 2011 by KTS-Law.

California has a statutory scheme that provides mechanisms for judgment creditors to recover money involuntarily from judgment debtors. However, a creditor cannot collect if the judgment debtor’s assets cannot be located.

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Handling Evictions While Rents are Going Higher

Posted on 14. Jul, 2011 by Marc Courtenay.

The national unemployment rate increased during June of 2011, and the number of new jobs created was disappointingly low. As unemployment benefits expire and public assistance programs are drained, more residents are finding it difficult to meet their major expenses, beginning with their rent. On July 9th I interviewed the owner of a property management company in Southern California. We discussed vacancies, rental rates and handling evictions.

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Screening Tenants Consistently for Fair Housing

Posted on 05. Apr, 2011 by Mary Girsch-Bock.

Under Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act, it is illegal for landlords to refuse to rent or sell a dwelling based on an applicant’s race, color, national origin, religion, sex, familial status, or disability. Does your management company base their applicant approvals on documented evidence of an applicant’s ability to pay or not pay?

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Fair Housing Resources for Savvy Property Managers

Posted on 01. Apr, 2011 by Marc Courtenay.

State and federal laws require nondiscrimination and equal access to housing for all people. There can’t be any discrimination on the basis of race, color, religion, sex, national origin, ancestry, sexual orientation, age, familial status, children, marital status, veteran status or membership in the armed services, the receiving of public assistance, or physical or mental disability.

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A Landlord’s Inside Track to Debt Collection: The Bank Levy

Posted on 14. Mar, 2011 by KTS-Law.

The bank account levy is perhaps the most efficient means for collecting a money judgment. A bank account levy is the judicial process for seizing funds in a bank account to satisfy a judgment. Following an eviction, and after a money judgment has been entered, the landlord may levy the bank account of a former tenant to collect the judgment.

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Getting Up To Speed With Fair Housing Laws

Posted on 21. Feb, 2011 by Mary Girsch-Bock.

Are you up to date on the Fair Housing Laws? Both federal and state anti-discrimination laws need to be adhered to on a regular basis in order to prevent potential lawsuits from crippling your property management company.

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Choose Your Collection Partner Wisely

Posted on 07. Feb, 2011 by KTS-Law.

The battle on the collection field has always been fought with the sword and the shield. It is a game of offense and defense. When choosing a law firm or collection agency to represent you, it is important to find one that maximizes recovery and at the same time protects you from unwanted liability for alleged debt collection violations.

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Residents That Hoard

Posted on 10. Aug, 2010 by Lynn Dover.

Resident hoarding can cause significant health and safety problems, both in the hoarder’s unit and in neighboring units. Hoarding can create pest infestations, mold problems, increased fire risk, interfere with entrance or exit of the unit, or exceed maximum load bearing floor capacity.

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Documentation and Organization Essentials for Property Managers

Posted on 05. Aug, 2010 by Mary Girsch-Bock.

In the last article, I talked about the importance of properly maintaining a trust account for security deposits and rent payments. The following post contains procedures you may want to implement along with things to avoid at all costs.

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Proper Use of Property Management Trust Accounts

Posted on 29. Jul, 2010 by Mary Girsch-Bock.

Misuse of trust accounts is the number one reason why property management companies are audited. That’s why it’s vital that the proper trust fund accounts are established as needed, and used properly. d

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Money Judgment Advantages

Posted on 22. Jun, 2010 by KTS-Law.

Unless your unlawful detainer case went to trial, you have the option of obtaining a monetary judgment after your tenant vacated the property. There are several compelling reasons to continue the action to obtain a money judgment.

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Resident Security Deposits – Are You Covered?

Posted on 08. Apr, 2010 by Mary Girsch-Bock.

When Judy moved out of her apartment, the property managers at one of New Mexico’s top management companies were mortified by the extent of damages. The front door was covered in dents, and windows were broken in both the bedroom and the living room. The carpet was covered in cigarette burns and ugly purple stains, and the bathroom tile was curled up and peeling from excessive water damage.

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California 2010 Legal Update: Legislation and Case Law That Will Effect Rental Property Owners and Managers

Posted on 04. Mar, 2010 by KTS-Law.

As 2010 gets under way, it is important for property managers and owners to be aware of new legislation, case law and legal trends that will significantly impact our industry. Below is an overview of the most significant laws and trends for this year.

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Work Place Violence Restraining Orders – An Effective Tool in the Prevention of Workplace Violence

Posted on 12. Jan, 2010 by KTS-Law.

Our law firm is experiencing a dramatic increase in the number of calls we receive concerning an irate tenant who is displaying signs and threats of violence. These threats are directed at on-site management, maintenance personnel or even independent contractors hired to perform work on the property. This article addresses one unique course of action [...]

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Top 10 Property Management Pitfalls (Presentation by Daniel Bornstein, Landlord Attorney)

Posted on 17. Nov, 2009 by Aimee Miller.

On Thursday, Nov 12th we hosted a seminar in San Francisco. Daniel Bornstein, Landlord Attorney with Bornstein and Bornstein (www.bornsteinandbornstein.com) presented an insiders view on how to avoid common property management mistakes that cost your business money and result in potential liability.
View more presentations from AppFolio
Top 10 Property Management Pitfalls

Failure to draft and execute outstanding [...]

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The Right Way To Evict A Resident – Learn the Correct Process Before You Need It

Posted on 12. Nov, 2009 by Daniel Bornstein.

As a property manager and landlord attorney, I know firsthand how stressful it can be when terminating a tenancy. The loss of rent, cost to retain an attorney and a resident “gaming the system” to delay the eviction can create incredible anger for the unfortunate landlord.

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Reasonable Modifications for Disabled Residents

Posted on 03. Nov, 2009 by Lynn Dover.

Do any of these questions sound familiar to you?
“I have a resident who wants grab bars installed in her shower. Are we required to install them for her?”
“Our property was built in the 1970s. Today, one of our residents came in to the office and said that he needs a ramp built over some steps [...]

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Challenging Times, Creative Solutions and Fair Housing

Posted on 29. Sep, 2009 by Jamie Sternberg.

Vacancy rates are rising; rental rates are falling; resident retention is becoming more difficult; water, sewer and trash rates are increasing; and the overall economic forecast looks bleak – there is no doubt that these are challenging times for the rental housing industry. Competition for residents is stiff, and property owners and management companies are [...]

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California Tax Withholding Requirements for Rent Payments

Posted on 11. Aug, 2009 by Jamie Sternberg.

The California Franchise Tax Board has required withholdings in connection with real property sales for years. The FTB is now expanding withholding obligations to require withholdings on rent payments made to non-resident landlords.
The FTB initially focused on withholdings for commercial properties (by tenants and property managers). When it then attempted to expand implementation to impose [...]

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