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Archive for April, 2020

Are You in Compliance With the EPA Lead-Based Paint Law? By-Patricia Harris

Posted on 01. Apr, 2020 by .

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A previous article warns us of imposed fines for not following the EPA’s Lead Renovation, Repair and Painting (RRP) rule.  Two companies were just fined over $42,000!If your property was built before 1978, lead based paint was most likely used in its original construction. As an owner, hopefully, you are well aware of the dangers […]

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“I’ll Double My Laundry Income …” By-John Cottrell, General Manager, All Valley Washer Service

Posted on 01. Apr, 2020 by .

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If I only had a roll of quarters for every time I heard that statement from an apartment owner interested in purchasing their own machines.  After further research, they usually come to realize that the “agitation” of owning their own might be more than they think.

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AOA’s Required Statewide Forms Now Available!

Posted on 01. Apr, 2020 by .

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As you are aware, California now has statewide rent control and with it comes some additional form requirements and updates to our Rental Agreement and/or Lease.

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Legal Q & A By-Richard Beckman

Posted on 01. Apr, 2020 by .

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   Question 1: My tenant complained about mold after a recent rain, and it’s the first I’ve heard of any problem with any water intrusion into the apartment (apparently, there was a cracked window that allowed a small amount of moisture to seep in which eventually resulted in mold below the window). The tenant is threatening […]

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Signage for California Multi-Family Rental Property By-Jamie Sternberg

Posted on 01. Apr, 2020 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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Petition to Our Governor, Mayors of all California Cities, City Councilmembers and County Supervisors

Posted on 01. Apr, 2020 by .

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PRAY! To those of you who pray, we hereby ask you to pray to God for wisdom and understanding; for help in reacting and asking others to react properly to the coronavirus and the housing crisis; for a good and accurate understanding of the needs of those who consume housing and those who provide housing, […]

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Living Trusts, Arbitrations and a Riddle! By-Dale Alberstone, Esq.

Posted on 01. Apr, 2020 by .

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Hello everybody.  It marvels me how often apartment owners enter into leases in the name of their family living trust, or worse still, file lawsuits under the name of the trust.  

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Legal Q & A By-Franco Simone

Posted on 01. Apr, 2020 by .

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  Q: Another landlord I know told me that my rental property is exempt from California rent control known as the Tenant Protection Act of 2019. What types of rental properties are exempt from rent control?

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Legal Q & A By-Dennis Block

Posted on 01. Apr, 2020 by .

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Question One: I recently purchased a house at a foreclosure sale. The previous owner refuses to talk to me and states he will not be vacating the house. He told me that I would be arrested as a trespasser if I came back to the house. How can this be since I am the owner […]

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Don’t Let Your Estate Plan Become “HAZARDOUS” to Your Family! By-Kenneth Ziskin

Posted on 01. Apr, 2020 by .

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Sound estate planning is not just about taxes, although that is often the “hazard” that motivates apartment owners to do, or update, their estate planning.  Instead, it is really about taking care of everyone you love and everything you own.  Of course, the tax component of good estate planning means there can be more wealth to take […]

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Recoup Up to 50% of Seismic Retrofit Cost from Tenants By-David Crown

Posted on 01. Apr, 2020 by .

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You can never be too ready. After a 6.4 earthquake in Ridgecrest this past Fourth of July and a 7.1 in the same region just two days later, Southern California residents understandably felt some tremor terror. Most of us were more concerned about what hadn’t happened than what had — the U.S. Geological Survey says […]

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Something to Think About #91 – Information, Not Advice Part 11 By-Klarise Yahya

Posted on 01. Apr, 2020 by .

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As we know, stocks are equity interests. The holder of a share of stock has a partial ownership in the corporation. If the company prospers so do the shareholders, but the opposite happens as well. If a company disappoints, share prices will reflect as much. Thus, stock values are notoriously volatile. Sometimes they can soar […]

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COVID-19 – Eviction Lawsuits Proceed in California Despite Relief for Some Tenants By-CalMatters

Posted on 01. Apr, 2020 by .

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The wheels of the eviction process are still turning in many parts of the state, and renters remain subject to ejection for many reasons. Questions are emerging about how to handle cases not related to the pandemic. Pandemic or no pandemic, landlords’ attorney Dennis Block is still trying to evict renters. As public health authorities advise Californians […]

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How the New State ADU Law Affects Apartment Owners By-Sheri Swist

Posted on 01. Apr, 2020 by .

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Apartment owners may not think of Alternative Dwelling Units (ADUs), commonly known as “granny flats,” as being applicable to their multi-family structures.  Previously, ADUs were only considered additional living quarters on lots that have a single-family home, such as guest houses or garage conversions. They often had restrictive and burdensome requirements such as an owner […]

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What Does it Mean to “Replace Debt” in a 1031 Exchange? By-Alex Madden

Posted on 01. Apr, 2020 by .

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1031 Exchanges and Debt Replacement The reason for selling and buying real estate via a 1031 exchange is to defer capital gains tax that would otherwise be due on the sale. By “exchanging” one or more pieces of property for one or more like-kind pieces of equal or greater value, and by adhering to IRS […]

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City Hall Scandals and the Housing Shortage By-Noni Richen, President of San Francisco Small Property Owners Association

Posted on 01. Apr, 2020 by .

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Can you believe what is happening at City Hall? All the revelations of questionable conduct and decisions are shocking and disappointing. The investigation is dubbed “an FBI wide-ranging corruption case.” It seems we should be bracing ourselves for the next volley. Wouldn’t it be great to have an investigation of all departments by an impartial […]

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DID YOU KNOW By-Dennis Block

Posted on 01. Apr, 2020 by .

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Eviction of Former Owner Not all eviction cases involve tenants. In some cases, an unlawful detainer can involve the eviction of the former owner. This can come up in two situations. In one scenario the former owner has sold the house and refuses to vacate. There is also the situation where the premises have been […]

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PA Fines Two Companies Over $42,000 for Lead-Based Paint Violations From the Environmental Protection Agency

Posted on 01. Apr, 2020 by .

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NEWS RELEASE The U.S. Environmental Protection Agency (EPA) announced two settlements in San Diego County, California, for violations of federal regulations related to lead. 

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39 Money-Saving “Short Cuts” for Rental Housing Providers By-Bob Ruda

Posted on 01. Apr, 2020 by .

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39 Money-Saving “Short Cuts” for Rental Housing Providers

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OPEN LETTER TO CITY COUNCIL MEMBERS REGARDING EVICTIONS MORATORIUM

Posted on 01. Apr, 2020 by .

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Dear Members of the Council: As an owner and manager of income property, I have been losing the struggle for fairness from this Council. The last four years have seen a steady reduction of property rights via the implementation of a terrible Rent Control, Tenant Protection and the Ellis Act.  

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The Importance of the Move-In/ Move-Out Inspection By-Robert Griswold

Posted on 01. Apr, 2020 by .

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The number one source of resident/landlord disputes is the disposition of the resident’s security deposit.  Many of these potential problems can be resolved with proper procedures even before the resident takes possession of the rental by using a move-in / move-out inspection checklist.  

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Property Manager Ordered By Court to Pay $160,000 in Sexual Harassment Settlement! By- the Editors of the Rental Housing Journal

Posted on 01. Apr, 2020 by .

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A Kansas property manager and his wife must pay $160,000 in damages and civil penalties to resolve a sexual harassment Fair Housing Act lawsuit alleging that he harassed numerous female tenants since at least 2009 at residential properties he owned or operated, according to a release from the U.S. Department of Justice.

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Protecting Taxpayers in a Time of Crisis By-Jon Coupal, President of Howard Jarvis Taxpayers Association

Posted on 01. Apr, 2020 by .

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The word “unprecedented” is fitting for the coronavirus crisis that is now savaging both the health of countless Americans as well as our nation’s economy. Not since September 11th has the United States faced such a challenge.

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FREE Forms for COVID-19 Related Issues

Posted on 30. Mar, 2020 by .

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Forms are usually a member benefit.  However, in light of the current crisis, and all of the additional burden landlords are having to face to continue housing tenants, even without payment of rent, AOA has made these COVID-19 forms FREE to all landlords.

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Sample Payment Plan for Past Due Rent – “Copy & Paste”

Posted on 24. Mar, 2020 by .

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REMINDER: State/local moratoria supersedes any payment agreements.  Payment agreements are entered in “good faith” between landlord and tenant, but may not be enforceable until after such time indicated by state/local moratoria. Link to fillable PDF:  PAYMENT PLAN FOR PAST DUE RENT OR Copy and Paste the agreement below: PAYMENT PLAN FOR PAST DUE RENT This Past […]

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Sample Letter to Residents About Rent – “Copy & Paste”

Posted on 24. Mar, 2020 by .

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FOR LOS ANGELES LANDLORDS: Link to printable Letter to Residents About Rent for Los Angeles [REQUIRED] Notice of Temporary Relief for Qualified Renters in Los Angeles ALL OTHER AREAS: Link to printable Sample Letter to Residents About Rent OR Copy the letter below and Paste on your own letterhead, you can make your own revisions: […]

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Sample Coronavirus (COVID-19) Memo to Tenants

Posted on 19. Mar, 2020 by .

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Dear Residents, As individuals, Californians and Americans, we are in a stressful time regarding both income and health concerns.  One way or another, everyone is affected.

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Criminal Record Denial Costs Owner Over One Million Dollars!- By Judy Drickey-Prohow, Attorney

Posted on 01. Mar, 2020 by .

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One of the first cases in the United States to challenge a landlord’s blanket ban on renting to people with criminal records as discriminatory, has resulted in a settlement for the plaintiff of more than a million dollars. The plaintiff in that case, The Fortune Society (“Fortune”), is a non-profit organization that provides housing and […]

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Justice Department Sues Los Angeles Property Manager and Owners for Sexual Harassment- By The Editors of the Rental Housing Journal

Posted on 01. Mar, 2020 by .

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The U.S. Department of Justice has sued the property manager and owners of Los Angeles apartment buildings near MacArthur Park alleging that female tenants in the buildings were subjected to sexual harassment and retaliation in violation of the federal Fair Housing Act, according to a release. The suit alleges that [the] property manager sexually harassed […]

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How to Avoid My Top 7 Landlord Mistakes- By Larry Arth

Posted on 01. Mar, 2020 by .

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Learning from your mistakes so you can master your business is the key to your success. You can learn from other people’s mistakes, so I would like to share mistakes that I have either personally made or have watched investor-clients make. So here is how to avoid my top seven landlord mistakes.

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More Californians Ponder Leaving- By Jon Coupal, President of Howard Jarvis Taxpayers Association

Posted on 01. Mar, 2020 by .

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In the ‘80s, a punk rock band, The Clash, had a catchy little hit entitled, “Should I Stay or Should I Go.” As Californians start a new decade, many are asking themselves the same thing. For a few, the decision to leave is easy because of better job opportunities or the desire to escape California’s […]

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A Critical Life Lesson:  Do You Know How to Catch Wild Pigs

Posted on 01. Mar, 2020 by .

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Critical Life Lesson: “Do You Know How to Catch Wild Pigs? This is for all you educated people that think uneducated people are dumb.  Let’s see how this works out for you and your family if this country keeps pushing for socialism. There was a chemistry professor in a large college that had some exchange […]

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Coming Next Month!  The FREE “Million Dollar”Trade Show and Landlording ConferenceandA Critical Life Lesson:  Do You Know How to Catch Wild Pigs

Posted on 01. Mar, 2020 by .

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The Big Show You’ll want to remember to mark your calendars for the big “Million Dollar Trade Show and Landlording Conference” next month.  The big show will be held on Wednesday, April 29th at the Long Beach Convention Center in Hall C, 300 East Ocean! WIN A FREE TESLA MODEL 3!

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A California Housing Crisis Mystery: Rents Are Way Up This Decade, But Eviction Filings Are Way Down- By Matt Levin

Posted on 01. Mar, 2020 by .

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  Shirley Gibson isn’t quite sure how to feel about these numbers.  As directing attorney of the Legal Aid Society of San Mateo County — which offers legal services to low-income tenants caught between the preposterously priced southern suburbs of San Francisco and the preposterously priced suburbs of Silicon Valley — she’s seen firsthand how […]

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Legal Q & A- By Franco Simone

Posted on 01. Mar, 2020 by .

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Q: I am renting out an apartment unit. One of the applicants was arrested for assault last month but has not been convicted of the crime. I do not feel comfortable renting to someone who was arrested for assault.  Can I deny his application based on his arrest?  A: No, you may not deny a […]

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Quitclaim Deeds vs. Grant Deeds, With a Surprise Ending!- By Dale Alberstone

Posted on 01. Mar, 2020 by .

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Hello everybody.  This month, let’s discuss the differences between Quitclaim Deeds and Grant Deeds.  As you will see, Grant Deeds have a surprise ending, or at least an ending that most lawyers might get wrong if they were questioned on the topic.   Here is the question:  Does a person who gives a Grant Deed to someone else […]

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Secrets of Self-Managing Your Property- By Bill Biko, The Educated Landlord

Posted on 01. Mar, 2020 by .

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Should you be self managing your property or should you be paying a management company to deal with your property? It’s a question that comes up quite often around here and there really is no one answer that fits everyone. Personally, I manage all my properties, I save a ton of money by doing it […]

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Roles and Responsibilities of Section 8 Landlords and Tenants- By Kristin Maithonis

Posted on 01. Mar, 2020 by .

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Recently, a landlord visited me and said that he wanted his Section 8 tenant to move out because her boyfriend, who was not included in the lease, was living in the unit. He was unhappy to learn that, as the landlord, he is responsible for enforcing the lease and that the housing authority could not […]

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Proposition 13 and California “Split Roll” Ballot Measure- By Kevin Cronin

Posted on 01. Mar, 2020 by .

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  Most California office tenants know that commercial landlords typically pass on a pro rata share of real estate taxes, including property taxes, to their tenants. In the most common office lease, tenants are only responsible for property tax increases over the “base year” amount which is most often the year of the commencement date […]

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New State Law AB 1482’s Disclosure Requirements- By Brian Wallace, SPOSFI Member

Posted on 01. Mar, 2020 by .

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The new state law AB 1482 extends rent control to buildings constructed after June 1979, the  effective date of the San Francisco Rent Ordinance. Included in the law is the requirement that landlords disclose in their rental  agreement if a unit is subject to AB 1482’s rent control provisions. The disclosure requirement kicks in on […]

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