Tag Archives: Law

Help Your Process Server to Save Time in Your Eviction

Help Your Process Server to Save Time in Your Eviction

Posted on 26. Aug, 2014 by .

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One of the longest delays in processing evictions occurs when not all occupants are served personally (hand to hand) with the unlawful detainer summons and complaint.  More often than not, the occupants know they must be legally served in order for the court to award a judgment for possession of the subject property.  If they […]

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Knowing the Limits on Collection Practices for Property Managers

Knowing the Limits on Collection Practices for Property Managers

Posted on 20. Jun, 2014 by .

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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 […]

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Property Managers and Residential Housing Owners Need Protection

Property Managers and Residential Housing Owners Need Protection

Posted on 15. Apr, 2014 by .

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With a title like this you may think I’m about to encourage you get a bodyguard or a permit-to-carry. While neither of those ideas are bad ones, I’m talking about reviewing your personal and business insurance. I’m also encouraging you to know your legal liabilities and your rights. Concerning insurance, this is a good time […]

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Emailing Residential Tenants In California

Emailing Residential Tenants In California

Posted on 28. Oct, 2013 by .

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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.

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How To Serve A Notice On A Residential Tenant In California

How To Serve A Notice On A Residential Tenant In California

Posted on 28. Aug, 2013 by .

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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.

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California Mobilehome Park Fair Housing Issues In 2013

California Mobilehome Park Fair Housing Issues In 2013

Posted on 01. Aug, 2013 by .

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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.

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Real Estate Agent Gets 15 Years For Home-Loan Ponzi Scheme

Real Estate Agent Gets 15 Years For Home-Loan Ponzi Scheme

Posted on 12. Jul, 2013 by .

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Jill Marie Silvey, a real estate agent in Silicon Valley, received a 15-year prison sentence for using a home-loan Ponzi scheme to take advantage of friends and family, adding up to over $2 million.

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Woman Sues Landlord Over Bed Bug Infestation Wins $800k

Woman Sues Landlord Over Bed Bug Infestation Wins $800k

Posted on 11. Jun, 2013 by .

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A Maryland landlord was ordered to pay a former tenant $800,000 after she filed a lawsuit claiming the landlord neglected to address a bed bug infestation in her apartment.

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NYC Judge Rules Renting Apartments Using Airbnb Illegal

NYC Judge Rules Renting Apartments Using Airbnb Illegal

Posted on 22. May, 2013 by .

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A NYC judge ruled that a New Yorker who rented his apartment on Airbnb.com, a site that lets people around the world find short-term housing accommodations, broke the law.

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When Screening Applicants Remember The Fair Credit Reporting Act

When Screening Applicants Remember The Fair Credit Reporting Act

Posted on 10. May, 2013 by .

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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.

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Landlord Recovery Of Attorney’s Fees In California

Landlord Recovery Of Attorney’s Fees In California

Posted on 07. May, 2013 by .

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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.

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Groton Realty Groups Ordered to Pay Family in HUD Discrimination Case

Groton Realty Groups Ordered to Pay Family in HUD Discrimination Case

Posted on 11. Dec, 2012 by .

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Three Groton Realty real estate groups have to pay a woman $40,000 over a Fair Housing Act Violation, announced the United States Attorney for the District of Connecticut yesterday.

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Political Signs on Residential Properties in California

Political Signs on Residential Properties in California

Posted on 12. Sep, 2012 by .

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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.

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Signage for California Multi-Family Rental Property

Signage for California Multi-Family Rental Property

Posted on 27. Jun, 2012 by .

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There are several signs that California multi-family rental property owners and managers should consider posting, depending on the characteristics of the property.

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Unkempt Lawn Could Mean Jail Time

Unkempt Lawn Could Mean Jail Time

Posted on 15. Jun, 2012 by .

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Failing to keep your lawn in top shape could mean time behind bars in one Long Island, N.Y. village.

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Landlord Institutes Smoking Ban in 2,000 California Apartments

Landlord Institutes Smoking Ban in 2,000 California Apartments

Posted on 11. Jun, 2012 by .

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California landlords were granted the right to ban smoking in multifamily apartments and condos back in January, but many property owners have not applied the restriction.

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Prejudgment Claims: What Are They and When Should They Be Used?

Prejudgment Claims: What Are They and When Should They Be Used?

Posted on 26. Apr, 2012 by .

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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.

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Landlord Sued Over Paranormal Activity

Landlord Sued Over Paranormal Activity

Posted on 23. Apr, 2012 by .

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In what must be one of the more bizarre lawsuits filed, a New Jersey couple is suing their landlord for their $2,250 deposit, claiming the home was haunted.

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Woman Accidentally Shot by Narcotics Cop Searching Brooklyn Apartment

Woman Accidentally Shot by Narcotics Cop Searching Brooklyn Apartment

Posted on 30. Mar, 2012 by .

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A Japanese tourist staying with friends in a Brooklyn apartment had quite an unexpected morning when a narcotics officer accidentally fired his weapon through the apartment floor grazing the young woman’s arm. The victim was treated at Kings County Hospital and released a few hours later.

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Enforcing Your Storage Unit Agreement in California

Enforcing Your Storage Unit Agreement in California

Posted on 22. Mar, 2012 by .

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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.

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Federal Laws Property Managers Must Be Aware Of – Part II

Federal Laws Property Managers Must Be Aware Of – Part II

Posted on 24. Feb, 2012 by .

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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.

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Carbon Monoxide Detectors

Carbon Monoxide Detectors

Posted on 16. Feb, 2012 by .

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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.

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Federal Laws Property Managers Must Be Aware Of – Part I

Federal Laws Property Managers Must Be Aware Of – Part I

Posted on 31. Jan, 2012 by .

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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

Think Lodging Credit is Easy? Think Again

Posted on 02. Dec, 2011 by .

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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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