Tag Archives: rental properties
5 Tips for Handling a Deposition
Given the complexity of real estate transactions, there’s always a chance that something could go wrong—and that you will have to answer questions under oath about a deal you were involved with. The deposition could stem from an error you made or something you neglected to do, or the attorney might just want to interview you because of your involvement with the transaction. In any event, knowing how to handle yourself is critical.
Here are five tips to help you deal with a deposition.
Don’t say more than you have to.
Attorneys like it when someone says more than they need to during a deposition, because the extra information might prove useful if a case goes to trial, notes Robert A. Sayas, an attorney with Sayas, Schmuki, Rondini & Plum S.C. in Wauwatosa, Wisc. That’s why it’s better to speak as concisely as possible if you have to answer questions during a legal proceeding—and to not provide information unless you’re asked for it directly, he says. If “yes” or “no” will do, that’s all you have to say, Sayas says. “Answer the question asked of you. No more. No less.”
Ask for clarification.
Always be sure you understand what you’re being asked before answering when you’re speaking during a deposition, says Marc W. Brown, an attorney with Goldberg Segalla in Buffalo, N.Y. “It’s OK to say you don’t understand a question and ask for it to be rephrased,” Brown says. “You never know when your testimony could come up and be used against you.”
Don’t guess or speculate.
The last thing you want to do during a deposition is say something that is inaccurate or false, Brown says, so if you aren’t sure of the answer to a question or don’t remember a particular detail, say so. “If you answer, it looks like you understand,” he says. “and if it turns out that [something you say] is not 100 percent correct, the other side will amplify it to the tenth degree before a jury.”
Keep your feelings to yourself.
If it looks like you’re prone to letting your emotions get the better of you, the attorney questioning you could take note and attempt to rattle you during a trial, says Sayas. “Angry witnesses can be less credible to a jury and are less effective because they have a hard time staying on point,” so it’s essential to keep your cool during a deposition, he says.
Don’t bring documents you’d rather not share.
It may seem reasonable to have documents at hand during a deposition, but keep in mind that the other side could ask to see that material—and you might be compelled to comply with their request, says Brown. You could also be forced to turn over documents you say you used to refresh your memory, even if you don’t have them with you, he adds. Your best course of action is to only bring along or discuss documents that you wouldn’t mind sharing, Brown advises
Credit to Sam Silverstein
As a writer-producer for the National Association of REALTORS® based in Washington, Sam Silverstein develops articles and videos for NAR’s members and others interested in its activities, statistics and research.
Sell Your House FAST
Don’t Stress Out Over Messy Tenants
What’s the best way to handle messy tenants – or should you?
Think back to the last time you rented a car. Before returning it, did you deodorize the floor mats, Windex the windows, give it a fresh paint job, and refill all the fluids?
No! And you probably complained about having to top off the gas tank.
Rental car companies don’t bat an eyelash when customers return vehicles in poor shape. They just clean them up, buff out the scratches, rent them out again, and get back to making money.
You, as a landlord, should have this very same mentality. It’s simply unrealistic to expect tenants to polish the countertops after every meal, wax the floors like Cinderella every night, and take immaculate care of every blade of grass in the yard.
I used to lose sleep over sloppy tenants.
I used to lose sleep over this. It would break my heart to see my properties in less-than-ideal condition, and I’d stress out about all the repairs and cleaning I’d need to do after the tenants moved out.
But eventually, I realized that cleaning up after sloppy tenants is just a fact of life for landlords. You can certainly withhold part or all of the deposit for damages, but in the grand scheme of things, if you’re playing your cards right, whatever money it costs is nothing compared with the amount you’re making off rent, appreciation, and tax savings. My life changed when I took my mind off tenant damage and instead focused on getting rich.
My life changed when I took my mind off tenant damage and instead focused on getting rich.
1. Focus on Big-picture Finances
If you find your blood boiling every time you inspect a recently vacated property, change your thinking.
Remember that, ultimately, your tenants are making you rich. For the entire time they rent from you, they’re paying your mortgage, covering your taxes, paying down your principal, and providing you with positive cash flow as your house appreciates. In return, they get a roof over their heads — one you can’t expect them to obsessively clean and maintain.
More often than not, tenants will take decent care of your property; at least, good enough for them to enjoy living in it. But don’t be shocked if, after they move out, your carpet is a little dirty, the walls could use a coat of paint, and the yard needs to be edged. Compared with how much cash your tenants gave you in rent as your home appreciated, fixing that stuff is a small drop in the bucket. At net, you’re still way ahead.
Worst-case scenario, if anything’s horribly expensive, you can always withhold your tenants’ deposits and make them pay for the necessary repairs.
2. Remove the Emotional Attachment
You might be renting out the home you grew up in, but this means nothing to your tenants. They are focused on making their own memories there.
I recommend staying away from the area as much as possible. Don’t drive by the house to reminisce about old times. You’re only going to feel bad when you see the landscaping isn’t how you want it and perhaps how tacky the lawn flamingos in the front yard are.
If you’re friends with the neighbors, do not listen to their gossip. Anything they tell you won’t be helpful. If the tenants are too quiet, they must be creepy and up to no good. If they’re too loud, they must be throwing parties.
3. Take Matters Out of Your Hands
I began my landlording career as a big proponent of the DIY approach. I was constantly running around like a madman from property to property, attempting to save money and address maintenance requests myself.
This didn’t last long, though. The final straw was when it took me three trips to Home Depot and about $500 to install a simple shelf in one of my homes — when I could have paid my contractor $100 to do it correctly on the first try. From that day on, I knew that adding “handyman” to my résumé wasn’t worth the fuss, and I started hiring pros.
Whether it’s repairs throughout the year or a deep cleanse after tenants move out, hire someone else to do the dirty work. Go out to dinner with your family instead.
Since learning to love sloppy tenants, my life as a landlord has become infinitely less stressful. Spills on the carpet and nicks on the walls aren’t the end of the world; they’re a part of life.
Take a deep breath, change your mentality, and be grateful that your sloppy tenants make you tens of thousands in appreciation, mortgage pay down, tax savings, and rental income each year.
Credit to the Guest Author – Mike Kalis
An entrepreneur at heart, CEO Mike Kalis leads the team at Marketplace Homes, a Detroit-based brokerage that specializes in new construction sales and property management. Marketplace has sold more than $1.5 billion in new construction homes, gained a controlling interest in more than 2,000 single-family properties, and been a four-time Inc. 5000 list awardee.
newstarrealty.com
Leading you in the RIGHT DIRECTION
Using Smart-Home Data in Real Estate Sales
Understanding the basics of a home’s component parts has always been in the real estate agent’s wheelhouse. As internet-connected technologies become part of the package, don’t fall behind the curve.
For the last century, homebuilders and manufacturers have been envisioning ways to make homes smarter, more efficient, and more maintenance-free. But as the Internet of Things (IoT) meets up with smartphone-wielding buyers, the buzz about smart homes is becoming deafening. How do you keep up without getting bogged down in hype? Keep your focus on three things—the definition, the devices, and the data—and on how each of those is changing the home and the transaction.
THE DEFINITION: What is a smart home?
The term “smart house” was coined in the 1980s by the National Association of Home Builders to refer to a home with integrated telephones, lighting, audio, and security. Such systems required special wiring and typically cost tens of thousands of dollars. But the concept has evolved with the proliferation of inexpensive devices that can be operated via smartphone and can make data accessible online. Now, one real estate franchise is trying to bring about some common understanding of what it means to call a house a smart home.
In May, Coldwell Banker Real Estate LLC joined forces with consumer technology news source CNet to define a smart home as “equipped with network-connected products . . . connected via Wi-Fi, Bluetooth, or similar protocols for controlling, automating and optimizing functions” of the home. Their definition stipulates that the home has internet access, a smart security or temperature system, and at least two other smart features, such as appliances, entertainment devices, heating or cooling equipment, lighting, landscaping elements, air quality monitors, or thermostats.
Danny Hertzberg works on the front lines of smart-home living: the luxury market, where such features have moved “from an impressive amenity to an expected element,” he says. Hertzberg, a sales associate with Coldwell Banker Residential Brokerage in Miami Beach, Fla., and a member of real estate team The Jills, says his franchise’s effort to define a “smart home” is an important step toward eliminating casual or misleading uses of the term.
“It’s false advertising to have a Nest [thermostat] and call it a smart home. You can’t call the whole property a smart home or a smart condo and just have one element,” he says. “We need a nationwide consensus on the marketing terms. Otherwise people will be disappointed.” Or worse, they’ll feel duped.
THE DEVICES: What’s happening in smart-home technology?
In the high-end Miami market where Hertzberg works, he’s noticed home owners who are thinking about listing their homes are proactively installing smart-home systems, believing they’ll be at a disadvantage without them.
And with builders now installing smart devices in new construction, it’s only a matter of time before the trend reaches older homes and lower-priced listings, with sellers positioning these devices as points of differentiation. It helps that many smart-home devices can be had for a nominal cost—a few hundred dollars or less. Among the low-cost offerings are the Belkin WeMo switch, which plugs into an outlet and enables you to control lighting through a smartphone or motion sensor; the Amazon Echo, an interactive speaker that lets you use voice commands to access music, news, and more; and, of course, the Nest thermostat, which offers access from your phone and promises to learn your heating and cooling preferences.
Products like Nest have built-in data sharing tools to help potential buyers see themselves in a home, says Matt Flegal, a spokesperson for Palo Alto, Calif.–based Nest. Buyers who are considering a listing with a Nest thermostat, for example, can see the current owner’s app dashboard or the monthly usage email Nest sends to home owners. Although utility companies now offer online access to energy usage information, Nest brings control and usage data together in one package. “It’s a simple thing to do to make a house show better,” Flegal says.
When you’re vying for a listing equipped with smart-home features, Hertzberg suggests having a discussion about which features will convey and how those features improve the current owners’ lifestyle. “Understand why they installed a feature and what they love about it,” he says. For example, maybe they always left the lights on, so smart lighting has been a money-saving solution. Or maybe they entertain frequently, and smart speakers have enhanced the experience.
“As good as you think you are at copywriting, the owners sometimes have these diamonds,” Hertzberg says.
Understanding how smart technology works can make a difference. Hertzberg has seen the unfortunate result of showings where colleagues failed to learn how a system works. “The listing agent comes into the home and doesn’t know how to operate the system,” he says, adding that it’s a real turnoff for buyers. “Even to turn the lights on, they have to call somebody.”
The best way to get to know smart-home technology? Install it at home, Hertzberg suggests.
THE DATA:What’s the value of all that data collection?
One attraction of Wi-Fi–connected thermostats is that they enable home owners to track and optimize their energy usage. That data, combined with other available information, can be a boon for real estate agents.
For first-time buyers, in particular, the cost of ownership isn’t always readily apparent. “Energy costs are often the largest cost for the consumer after the mortgage,” says Hunter Albright, senior vice president of new markets for Tendril, a company with offices in Colorado and Western Europe that aggregates smart home technology data for consumers and real estate professionals. Tendril gathers around 300 data points about a property, most from publicly available sources and provides a system for helping consumers optimize their homes to be more energy–efficient. “It’s just more education for the home buyer,” says Albright. “It’s giving people a richer picture of that home.”
“Before a client is a home owner, you can use the [Tendril] tool to get an average of the energy costs,” says Ryan Carter, managing broker of 8z Real Estate in Denver. With tweaks based on possible upgrades and the potential owner’s energy needs, “the system can offer an idea of what a buyer might be looking at.”
Tendril sends 8z’s past clients a bimonthly email about energy efficiency and upgrade ideas. The email offers practical information, such as what makes a home suitable for solar panels or how an energy upgrade may pay off over time. The emails aren’t meant to replace brokers’ contact management systems but to augment them, Albright says. The personalized communications aim to show consumers that they made a smart decision.
Another company working to simplify home owners’ energy decisions is HomeSelfe, a division of Long Beach, Calif.–based Energy DataMetrics. The company’s home energy assessment app walks owners through their home for a snapshot of their home’s energy consumption. “Our free mobile app has you answer a few simple questions about your home and then sends an instant report that provides a picture of your home’s energy use and a personalized path to lowering utility bills,” says cofounder Ameeta Jain. HomeSelfe is one of eight companies currently in the National Association of REALTORS®’ REach accelerator program (narreach.com), which provides mentorship, education, and exposure for companies innovating in the real estate space.
Autopopulating Listings
For now, the data being collected by smart-home devices isn’t being curated for use in listing information. Although many MLSs have fields where listing agents can add information about energy savings, they’re not set up to feed in information from smart-home devices—yet. Chad Curry, managing director of NAR’s Center for REALTOR® Technology, says it’s just a matter of time. The Center recently established CRT Labs to help REALTORS® understand and have a voice in the development of smart-home technology.
Organized real estate’s role isn’t yet certain. But CRT’s participation in the U.S. Department of Energy’s Home Energy Information Exchange Accelerator is one cause for optimism. The accelerator is a three-year collaboration between the public and private sectors, with the goal of making home energy information more accessible. “With what we’re doing and the way we’re seeing MLSs respond, I think we’ll have this in two to three years,” Curry says. “Our vision is that none of this stuff would be entered by the real estate professional. It would be automatically updated by the house, and we think that’s possible.”
The Caveats
Will all this new data open up a host of new disclosure concerns? Yes and no. Say sellers have a moisture-sensitive smart device on their basement floor to measure water levels. It could give them hard data about the precise amounts of dampness and flooding that might have happened over the course of their ownership. But NAR Associate General Counsel Ralph Holmen points out that the greater availability of data won’t alter the basic calculation about disclosures. “These devices don’t really change the approach,” he says. The responsibility of the listing agent is the same; if you know it, disclose it.
But Holmen notes that brokers and agents must understand the data being collected. “The broker has an obligation to find out more about what the data shows and what that means for buyers,” he says. “He can’t turn a blind eye to things that might be a problem, even if the owner doesn’t say there’s been flooding.”
Privacy is another major concern. There have already been headlines about smart-home devices exposing private information about unwitting home owners. Some may worry that simple data, such as when electricity is being used, could help thieves determine when a home might be empty and vulnerable. Curry acknowledges these issues and notes that NAR is working with Underwriters Laboratories’ Cyber Security Assurance Program to address software weaknesses and review security controls.
Home owners who are reluctant to share energy and environmental data and other information about their home may soften over time as they see the convenience provided by these devices. “Rather than thinking of it as something you’ll have to disclose,” Curry says, “think of it as a way to improve owners’ quality of life.”
Credit to Meg White
Meg White is the managing editor of REALTOR® Magazine.
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California Rental Laws
This article summarizes some key California rental laws applicable to residential rental units.
We’ve used the Official State Statutes and other online sources cited below to research this information and it should be a good starting point in learning about the law.
With that said, our summary is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are always subject to change, and may even vary from county to county or city to city.
You are responsible for performing your own research and complying with all laws applicable to your unique situation.
If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and/or a qualified lawyer in your area. Your local or state bar association may have a referral service that can help you find a lawyer with experience in landlord-tenant law.
Official Rules and Regulations
- Cal. Civ Code §§ 1925 – 1954 – Title 5: Hiring of Real Property (scroll down)
- Cal. Civ Code §§ 1961 – 1962.7 – Title 5: Chapter 4: Identification of Property Owners (Scroll Down)
- Cal. Code of Civil Procedure – Table of Contents
- California Health and Safety Code – Table of Contents
- California Department of Consumer Affairs – Landlord Tenant Rules
- A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities (PDF)
Details:
Security Deposit:
- Security Deposit Maximum: Two months’ rent for unfurnished dwellings; 3 months’ rent if furnished dwellings. (Civ. Code §§ 1950.5 and 1940.5g)
- Security Deposit Interest: No state-wide statute, but 15 (or so) localities have rent control ordinances that require you to pay interest, including Los Angeles. (reference)
- Separate Security Deposit Bank Account: No Statute
- Pet Deposits and Additional Non-Refundable Fees: Not Allowed (Civ. Code §§ 1950.5m)
- Deadline for Returning Security Deposit: 21 days (Civ. Code §§ 1950.5g)
- Security Deposit can be Withheld: (handbook)
- For unpaid rent;
- For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
- For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and
- If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.
- Require Written Description/Itemized List of Damages and Charges: Yes. Receipts and documentation not needed to accompany the itemized list of repairs if repairs and cleaning cost less than $126. (Civ. Code §§ 1950.5g 4A)
- Record Keeping of Deposit Withholdings: No Statute
- Failure to Comply: A bad faith claim or retention by a landlord may subject the landlord to statutory damages of up to twice the amount of the security, in addition to actual damages. (Civ. Code §§ 1950.5(l))
Lease, Rent & Fees:
- Rent is Due: Unless there is a contract to the contrary, and the lease is for less than one year, rent is due at the end of the month. Most leases state that rent is due at the beginning of the month. (Civ. Code §§ 1947) and (Civ. Code §§ 1962)
- Payment Methods: Landlord must allow at least one form of payment that is neither cash nor electronic funds transfer, unless tenant has had an insuffienct funds payment, or stopped payment on a money order. Then the landlord can require payments to be paid in cash. (Civ. Code §§ 1947.3(1-2))
- Rent Increase Notice: 30 days if rent increase is less than 10 percent of the lowest amount of rent charged during the last 12 months. 60 days if rent increase is more than 10 percent of the lowest amount of rent charged during the last 12 months. (Civ. Code §§ 827(b)(2-3))
- Late Fees: Allowed, but they must be “reasonable” and obey rent control laws, and are only enforceable if specified in the lease. (handbook)
- Application Fees: The maximum fee is adjusted each year based on changes in the Consumer Price Index since January 1, 1998. In 2012, the maximum allowable fee is $44.51 (Civ. Code §§ 1950.6(b)). Use Cozy to avoid charging application fees because the tenant pays for the credit report directly.
- Prepaid Rent: Landlord is allowed to collect one month’s pre-paid rent (first month’s rent) plus two or three months’ security deposit. (handbook)
- Returned Check Fees: Equal to the actual bank fee. Or landlord can charge a flat “service” fee which is $25 for the first occurrence, and $35 for each occurrence thereafter (handbook). I recommend using Cozy to collect rent online to nearly eradicate late payments.
- Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, because the property is under the “implied warranty of habitability.” (handbook)
- Tenant Allowed to Repair and Deduct Rent: Yes, but not more than the cost of one month’s rent, and tenant cannot use this remedy more than twice in a 12-month period. (Civ. Code §§ 1942)
- Landlord Allowed to Recover Court and Attorney’s Fees: Yes (Civ. Code §§ 789.3d)
- Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Civ. Code §§ 1951.2)
Notices and Entry:
- Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires. I recommend giving 60 days notice anyway.
- Notice to Terminate Any Periodic Lease of a Year or More – If ALL tenants have lived there longer than a year, the landlord is required to give 60 days notice. (handbook)
- Notice to Terminate a Periodic Lease – Month-to-Month: Landlord is required to give 30 days notice. Tenant is required to give 30 days notice. (Civ. Code §§ 1946)
- Notice to Terminate a Periodic Lease – Week-to-week: Landlord is required to give 30 days notice. Tenant is required to give seven days notice. (handbook)
- Notice to Terminate Lease due to Sale of Property: For periodic tenancies only (example: month-to-month), 30 days notice if ALL of the following are true: (Civ. Code §§ 1946.1) (handbook)
- The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
- The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
- The landlord must have given 30-day notice no later than 120 days after opening escrow, and
- The landlord must not previously have given you a 30-day or 60-day notice, and
- The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.)
Note: A landlord can only end a periodic tenancy when a property or unit is sold, and not a fixed-term tenancy that has not yet expired.
- Notice of date/time of Move-Out Inspection: 48 hours (Civ. Code §§ 1950.5(f))
- Eviction Notice for Nonpayment: Three days (Civ. Procedure Code §§ 1161(2))
- Eviction Notice for Lease Violation: Three days to remedy lease violation or landlord can file eviction (Civ. Procedure Code §§ 1161(3)). Landlord can also terminate the lease for subletting without permission or illegal activity on the premise. (Civ. Procedure Code §§ 1161(4))
- Required Notice before Entry: 24 hours (Civ. Code §§ 1954a)
- Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 24 hours (Civ. Code §§ 1954a)
- Emergency Entry Allowed without Notice: Yes (Civ. Code §§ 1954b)
- Entry Allowed During Tenant’s Extended Absence: No (Civ. Code §§ 1954)
- Notice to Tenants for Pesticide Use: No Statute
- Lockouts Allowed: No (Civ. Code §§ 789.3b(1))
- Utility Shut-offs Allowed: No (Civ. Code §§ 789.3a)
Disclosures and Miscellaneous Notes:
- Landlord Must Accept First Qualified Applicant – The 2012 Fair Housing Handbook of California says on page 24, “The landlord should take the time to check out the information and make a selection based on the first qualified applicant(s),” although there is no statute to support this. It’s recommended but not law.
- Copy of Lease: Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. (Civ. Code §§ 1962(4))
- Utilities: Landlord must disclose if utilities that service tenant’s unit also service other areas (such as common foyers), and disclose the manner in which costs will be fairly divided up. (Civ. Code §§ 1940.9) Landlord must also provide a formula for dividing up utilities when utilities are split among multiple tenants.
- San Francisco Utilities: Landlords must provide heat that can maintain a room temperature of 68 degrees. This level of heat must be provided for at least 13 hours, specifically from 5-11 AM and 3-10 PM.
- Move-In Condition: Landlord is not required to provide a Move-In Condition Checklist for the Tenants to complete. However, it is recommended and extremely helpful should you ever go to court over physical damages to the dwelling.
- Mold: Landlord must disclose, prior to lease signing, knowledge of any mold in the dwelling that exceeds safety limits or poses a health concern. Landlord must distribute a State Department of Health Services consumer handbook once it is developed and approved. (Health & Safety Code §§ 26147 and Civ. Code §§ 1941.7)
- Demolishment: If a landlord or agent has applied for a permit to demolish a rental unit, the landlord must provide written notice to prospective tenants before accepting any money. (Civ. Code §§ 1940.6)
- Ordnances: Landlord must disclose the locations of former ordnances (weapons and artillery)in the neighborhood. (Civ. Code §§ 1940.7)
- Sexual Offenders: Landlords are required to include the following language in the lease:
“Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Civ. Code §§ 2079.10a) - Pests Disclosures: At lease signing, Landlord must disclose any pests control contracts or disclosures received by pest control companies. If the premise is being treated for pests, landlord must disclose the pesticides used and their active ingredients, and any warnings associated with them. (Civ. Code §§ 1940.8, and Business and Professional Code §§ 8538)
- Smoking: If the landlord limits or prohibits smoking, landlord must include a clause that specifies the areas on or in the premise where smoking is prohibited. (Civ. Code §§ 1947.5)
- Proof of Domestic Violence Status: Landlord is entitled to proof/documentation of domestic violence status of the tenant if the tenant claims they are a victim. (Civ. Code §§ 1941.5, 1941.6, 1941.7)
- Locks: Landlords must change the locks if requested by a domestic violence victim and proof of court order is given. (Civ. Code §§ 1941.5 and 1941.6)
- Special Treatment: A victim may terminate a lease with 14 days notice and proof of victim status. (Civ. Code §§ 1946.7(d)) A landlord cannot end or refuse to renew a tenancy based upon the fact that tenant or a member of tenant’s household is a victim of a documented act of domestic violence, sexual assault, or stalking. (Civ. Procedure Code §§ 1161.3)
- Abandoned Property: The rules are lengthy and specific, please read Civ. Code §§ 1965, 1980 to 1991.
- Retaliation: Landlord must not terminate a lease, increase rent, decrease services, cause a lessee to quit involuntarily, or bring an action to recover possession to a tenant who has filed an official complaint to a Government Authority, been involved in a tenant’s organization, or exercised a legal right. Courts will assume “retaliation” by landlord if negative action is taken on the tenant within 180 days (six months) after any of the prior tenant actions. (Civ. Code §§ 1942.5) It will also be considered retaliation if the landlord acts negatively within six months after any of the following:
- Using the repair and deduct remedy, or telling the landlord that the tenant will use the repair and deduct remedy.
- Complaining about the condition of the rental unit to the landlord, or to an appropriate public agency after giving the landlord notice.
- Filing a lawsuit or beginning arbitration based on the condition of the rental unit.
- Causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord.
Court Related:
- Small Claims Court Limits: $10,000, however landlord may not file a suit for over $2,500 more than twice a year. (Civ. Procedure Code §§ 116.110 to 116.950)
- Eviction Cases Allowed: No (handbook)
- Small Claims Court Limits – Los Angeles: $10,000
- Small Claims Court Limits – San Diego: $10,000 (How to File a Small Claims Case booklet)
- Small Claims Court Limits – Orange County: $10,000
- California Courts – Judicial Branch – Small Claims
- The Small Claims Court – A Guide to its Practical Use (PDF)
Business Licenses:
- Business License required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
Credit to Lucas Hall
Lucas is the Chief Landlordologist at Cozy. He has been a successful landlord for over 10 years, with dozens of happy tenants and a profitable income property portfolio.
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