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Archive for July, 2016

Legal Q & A – by Richard Beckman, Attorney

Posted on 01. Jul, 2016 by .

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Question 1:  My tenant has given written notice to vacate a month to month rental. Her son was given permission to be added as an additional household member as a live-in aide. He was never added to the rental agreement and my tenant is having difficulty getting him to leave. My question is, if she […]

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Adam Smith Weighs in on the 2016 U.S. Presidential Election

Posted on 01. Jul, 2016 by .

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The formula for progress is simple … we’ve known the three steps for 240 years. Last month, I wrote about the idiotic beggar-thy-neighbor “mercantilist” trade policies being advocated by the front-runners for the 2016 presidential nomination. In The Wealth of Nations, Adam Smith (1723-1790), founder of the science of economics and champion of free enterprise, […]

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Do You Have a Tenant Orientation Script? – By Michael Hughart

Posted on 01. Jul, 2016 by .

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While it is human nature to presume that tenants inherently share the same perceptions and competencies as buildings owners or property managers, all too often there can be a substantial variance between what is presumed and how a tenant will actually act or react both under normal circumstances as well as unusual or emergency situations.

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Checklist of Landlord Defenses to Tenant Lawsuits – By Dale Alberstone, Esq.

Posted on 01. Jul, 2016 by .

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Hello everybody.  We live in a litigious society.  Californians are “suit happy” and Southern Californians are particularly “suit happy.”  Certainly there is no shortage of litigation filed by tenants against their former or existing landlords. My column this month will discuss the 26 main “Affirmative Defenses” available to a landlord to defend against tenants’ causes […]

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Resident Managers With Pets and Children – By Joyce Kirby

Posted on 01. Jul, 2016 by .

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Many apartment communities strive to create a welcoming office environment in order to put prospective residents at ease.  From aromatic scents and freshly baked cookies to a warm fire, these comforts communicate a feeling of “home.”  However, when managers have an office connected to their apartment or even inside their apartment home, sometimes the lines […]

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Today’s Multi-Housing Vended Laundry – by Andy Wray

Posted on 01. Jul, 2016 by .

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Back when my grandparents had their first coin-op laundry equipment in the late 1950’s- there were limited choices in equipment models which made things easy, but in today’s day and age, it’s a different ballgame. They had old 10¢ meters that would start the old Frigidaire washers with a mechanical timer, would often stick in […]

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9 Out-of-the-Box Due Diligence Tactics for Multifamily Real Estate Investors – by Richard Montgomery

Posted on 01. Jul, 2016 by .

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Investing in multifamily housing and apartments requires extra investigation, sometimes called due diligence by attorneys, for investors who want to be certain they do not make a mistake. This extra investigation and these questions are beyond what a real estate investor may do normally for a typical commercial real estate investment. As a real estate investor, […]

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The Importance of Checklists – By Barbara Savona

Posted on 01. Jul, 2016 by .

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Do you ever feel like you are moving so fast that you start to make “dumb” mistakes at work?  Or what about your teams?  Do you feel like sometimes you give them the SAME instructions and they continue to miss the SAME steps?

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Top Ten Reasons to Do an Eviction – By Grayce Long, Attorney

Posted on 01. Jul, 2016 by .

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The purpose of unlawful detainer proceedings is timely restoration of possession. Time periods for pleading [in unlawful detainer actions] are shorter than ordinary civil actions; the matter is set for trial more quickly and they are entitled to priority on the trial calendar. Thus, under California Law, these are the top ten reasons to do […]

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How Schlage Primus Keyways Can Increase your Security – By Jerry Manus

Posted on 01. Jul, 2016 by .

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Many apartment buildings secure the property with a common key that will allow the tenants to enter the building and usually, the same key is utilized to access the parking area, pool, or gym.  Many times this is done with just a standard, classic key and sometimes the keys are even stamped “Do Not Duplicate” […]

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San Jose City Council Votes to Strengthen its Rent Ordinance – By Gideon Kramer, SPOSFI News Editor

Posted on 01. Jul, 2016 by .

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Local rent control or “rent stabilization” ordinances have been in effect for decades in some of the nation’s largest cities, including New York City, Washington, DC, Los Angeles, Newark, Oakland, San Jose, and of course, San Francisco. Some versions of rent control are far more reasonable than others.

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New HUD Criteria Under the Fair Housing Act For Screening Applicants for Prior Criminal Conduct – By Judy Drickey-Prohow, Esq.

Posted on 01. Jul, 2016 by .

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On November 30, 2015 the United States Department of Housing and Urban Development (HUD) issued new guidance involving the use of criminal background screening in federally assisted properties. In honor of Fair Housing Month, HUD issued new guidance on April 4, 2016 for this topic for all communities. That guidance, which was effective immediately, requires […]

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Six Strategies to Maximize Your Building’s Income – By Saint Newton

Posted on 01. Jul, 2016 by .

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As a building owner, you need to have your rents keep pace with the market with the same diligence you look after your roof.  Always remember that in the eyes of your banker, appraiser, buyer or real estate broker, the value of your property is tied to your rents. 

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Tenant Awarded Close to $1 Million Dollars! – By RSA Reporter

Posted on 01. Jul, 2016 by .

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New York:  Once again, demonstrating threat that the rent laws have become so complicated that the courts seemingly do not understand how to interpret and apply them, the Appellate Division, First Department, has upheld a lower court’s award of treble damages totaling almost $1 million.

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Is Your Pool Safe? – By Gary Smith

Posted on 01. Jul, 2016 by .

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Pool chemical-associated injuries can be effectively prevented through employee training program. Injuries from pool chemicals led to nearly 5,000 emergency room visits in 2012, according to a study released Thursday by the Centers for Disease Control and Prevention.

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Do Well By Doing Good – Use a Capital Gains Bypass Trust to Save Taxes When You Sell – by Attorney Kenneth Ziskin

Posted on 01. Jul, 2016 by .

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Suppose that the time seems right to sell your building, but you cringe at the thought of letting Federal and California taxes confiscate up to 37.1% (and up to 42.1% on depreciation recapture!) of your hard earned gains. Tax laws have long provided a way to escape these confiscatory taxes, by using a Capital Gains […]

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Something to Think About # 46: Uncle Sally’s Nephew, Part 9 – By Klarise Yahya, Commercial Loan Broker – BRE: 00957107- MLO: 249261

Posted on 01. Jul, 2016 by .

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Possibly the biggest thing that troubled Emily about her rental house was that it took seven months from the close of escrow until she deposited her first rent check. She’d been feeding it from her savings, and towards the end her reserves began to run scary short. It got so bad that Banana Pudding made […]

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10 Things to Know About 1031 Exchanges – By: Alexander Thorston

Posted on 01. Jul, 2016 by .

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Some investors have been wise to the tax benefits of a 1031 exchange for years. Others are new to the game and may wonder what all the fuss is about. They hear the phrase “let’s 1031 that” bandied about by realtors, attorneys or other investors, but may not be clear on what such a process […]

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Will Average Californians Get Help from Sacramento? – By Jon Coupal, President of Howard Jarvis’ Taxpayers Association

Posted on 01. Jul, 2016 by .

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So much of what comes out of the Capitol hurts average Californians. Efforts to impose new taxes, onerous regulations or laws that dictate lifestyle choices like how much soda one drinks, have citizens ducking for cover. But every now and then, bills are introduced that cut against the stereotype by providing genuine benefit to average […]

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Legal Q & A – How to Properly Screen Your Tenants – by Franco Simone, Esq.

Posted on 01. Jul, 2016 by .

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Q. What are the legal reasons I can approve or deny a tenant’s application? A. As a landlord, there are certain factors that you are legally permitted to consider to accept or reject a potential tenant.  Permissible factors to use in deciding whether to rent to a tenant are the tenant’s credit standing and credit […]

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U.S. National Debt Topped $19 Trillion – By Gary D. Halbert

Posted on 01. Jul, 2016 by .

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On February 1st the Treasury Department announced that America’s national debt had topped $19 trillion for the first time ever – and no one seemed to notice. That’s more than $58,000 for every person living in the U.S. today including children. The latest addition of $1 trillion to our national debt – from $18 trillion […]

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Letter to the Editor…A BIG THANK YOU TO ATTORNEY DALE ALBERSTONE!

Posted on 01. Jul, 2016 by .

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Good Morning Pattie and Dan: My name is Dyanne.  My father has been a property owner his entire adult life. He has worked for many years with Dale Alberstone, so when I needed help with my REAP case, I called Dale. Thank goodness I did!

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What You Should Know Before You Hire a Tenant to Work on Your Property – By Robert L. Cain

Posted on 01. Jul, 2016 by .

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Fred and Michelle decided that their rental house needed painting inside.  They were renting to five young men who had lots of energy and said they were eager to paint the place (for a fee, of course).  The perfect solution, thought Fred and Michelle.  So these young landlords told their five young tenants that they […]

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Legal Q & A by Dennis Block, Attorney

Posted on 01. Jul, 2016 by .

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Question One: I have a Section 8 tenant who paid her rent with a postdated check. I received it on the first of the month but I did not realize that the tenant had dated it for the 3rd.  The check did go through, as the tenant had overdraft protection. She was charged a $35 […]

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