Posted on 20. Jun, 2014 by Marc Courtenay.
One of the challenges in the management of rental properties involves collecting from residents behind on rent payment. Knowing the laws which govern the methods used for collection is a vital first step. We can debate how far we’d push the envelope to make sure the rent is collected, but the key to avoiding legal […]
Posted on 28. Oct, 2013 by Jamie Sternberg.
While email use is common and is growing faster than “snail mail”, the California legislature does not generally recognize email as a valid delivery method for most formal communications provided by California residential landlords to tenants . California law requires other delivery methods for most formal California residential landlord communications.
Posted on 28. Aug, 2013 by Ted Kimball.
Personal service should generally be attempted before resorting to substituted service or posting and mailing. If the notice is posted, California law requires that it be placed in a conspicuous place on the property. The main entrance door for the property is likely the most “conspicuous place” on the property. To avoid privacy issues, it is also recommended that the notice be turned facing the door, with all four corners taped to the door securely and the words “from management” written on the outside.
Posted on 01. Aug, 2013 by Stephen Modafferi.
This article is an overview of specific provisions of the Mobilehome Residency Law related to fair housing issues. State and federal fair housing laws may supersede or modify the MRL. Mobilehome park owners and managers faced with potential fair housing law issues should seek input from legal counsel familiar with state and federal fair housing law and the California Mobilehome Residency Law.
Posted on 10. May, 2013 by Marc Courtenay.
Property Managers know how important it is to prevent problems with residents through careful screening procedures. The old saying, “an ounce of prevention is worth a pound of cure” is as important in today’s society as ever. That’s why experienced property managers don’t cut corners when screening applicants.
Posted on 07. May, 2013 by Jamie Sternberg.
The general rule in California is that each party bears its own attorney’s fees. There are exceptions to this general rule. One exception exists when a contract contains an attorney’s fee clause. If a contract provides that the prevailing party will recover its attorney’s fees and costs, generally that provision is enforceable, assuming that the matter is litigated to judgment.
Posted on 12. Sep, 2012 by Katherine Slotkin.
During election season, it is important for residential rental owners and managers to be familiar with California laws regarding political signs; a new political sign law went into effect January 1, 2012.
Posted on 27. Jun, 2012 by Leslie Mason.
There are several signs that California multi-family rental property owners and managers should consider posting, depending on the characteristics of the property.
Posted on 26. Apr, 2012 by Ted Kimball.
When an unlawful detainer lawsuit is filed in California, every adult residing in a property has the right to be heard in court. This is true even if the person is not a named resident, is not an authorized occupant, and even if the person is unknown to the landlord.
Posted on 22. Mar, 2012 by Leanne Barbat.
Many of our clients are perplexed about what to do with a garage or storage unit rental when they want to terminate the tenancy and receive back possession. Is an eviction required? The answer depends upon whether or not the garage or storage unit falls under the California Self-Service Storage Facility Act. If it does, an eviction is not required. This article is designed to clear up the confusion so you will be able to act appropriately whenever you want to terminate a storage rental lease.
Posted on 01. Mar, 2012 by Jamie Sternberg.
California law requires residential landlords to allow small day care providers to operate on residential rental property under certain conditions. To operate legally in residential rental property without the permission or consent of the rental owner, the day care must be limited to six children or less. The children of the day care provider count in that number. The number can be extended up to a total of eight but only if the rental owner consents to the increased number.
Posted on 24. Feb, 2012 by Mary Girsch-Bock.
When familiarizing yourself with the federal laws, you may want to take a few extra minutes to review your applicable state laws as well. While some of these acts may be more relevant to your particular type of property management business than others, educating both yourself and your staff about these federal (and state) acts and the repercussion of violating them will ensure compliance, which is the most important thing of all.
Posted on 16. Feb, 2012 by Jamie Sternberg.
The Carbon Monoxide Poisoning Prevention Act of 2010, also known as SB 183, is effective as to single-family detached residences on July 1, 2011, and all other residential units on January 1, 2013. It requires that residential property be equipped with a carbon monoxide device when the property has an attached garage or fossil fuel (coal, kerosene, oil, wood, fuel gasses and other petroleum or hydrocarbon products that emit carbon monoxide as a byproduct of combustion) heater or appliance or fireplace.
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?”
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.