This law creates the revocable transfer on death (TOD) deed which allows a homeowner to transfer to a named beneficiary 1- 4 residential real property upon the owner’s death without a probate proceeding. This is similar to a joint tenancy deed, but easier for the survivor. The benefit is title DOES NOT PASS during life, only after death. This makes the document a hybrid will deed so you can give it away, but take it back before you die! Note, there are lots of rules to follow to make and cancel a Transfer on Death Deed. Continue Reading Revocable Transfer on Death Deed (Will-Joint Tenancy hybrid) avoids probate but also does not pass title during life
If a tenant or member of the household was a victim of an act of domestic violence, sexual assault, stalking, elder abuse or human trafficking, the tenant can terminate the tenancy with 14 days written notice to the landlord. Continue Reading Tenant can terminate tenancy with 14 days notice if victim of domestic, sexual or elder abuse (Civil Code §1946.7
If the landlord/manager goes to Home Depot to buy pesticide, then they must post a sign of pesticide use. The exception if is a licensed pest control operator is used then no sign is needed! Continue Reading Must Post Warning Sign if Landlord is a DIY pest controller (Civil Code §1940.8.5)
A landlord is not obligated to repair mold problems until: 1) until he or she has notice of it or 2) if the tenant fails to keep the property clean and sanitary and thereby substantially contributes to the existence of the mold. Also, for a building, or portion thereof, to be declared substandard by virtue of mold, it must be visible mold growth, as determined by a health officer or a code enforcement officer, which endangers the health of the occupants. If the presence of mold is minor and found on surfaces that can accumulate moisture as part of their proper and intended use would not constitute a substandard condition. Continue Reading Mold is now the Tenant’s (initial problem)! (Civil Code §1941.7, Health and Safety Code §§17920, 17920.3)
Condo owners have a similar law. This law requires a landlord to permit a tenant to utilize a clothesline or drying rack approved by the landlord in the tenant’s private area. Continue Reading Clotheslines allowed in tenant’s private area (Civil Code §§1940.20 and 4750.10)
Labor Code §1197.5. bars employers from paying employees less than other employees of the opposite sex for substantially similar work regardless of their job titles or the location where they work. Current law prohibits an employer from paying an employee less than employees of the opposite sex in the same establishment for equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. This law prohibits an employer from paying its employees less than employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility. Continue Reading Gender Pay Discrimination “big picture same pay for same work” (Labor Code §1197.5)
Commercial property owners must be careful of the ADA/Unruh Act access claims filed by mills seeking $5,000 to $10,000 because your slope, or sign is missing, or faded regarding parking spots. The new laws require an attorney sending a demand letter or serving a complaint alleging a construction-related accessibility claim to provide additional information along with a new judicial council answer form. Continue Reading ADA/Unruh Construction Accessibility Complaints Require Warning Information (Civil Code §55.3, et seq.)
Now homeowners can ignore HOA limits on use of clotheslines and drying racks. (A separate provision of this law applies to tenants. See landlord/tenant section below.) Continue Reading Clotheslines or Drying Racks May be Kept in Condo owner’s yard (Civil Code §§1940.20 and 4750.10)
The short term rental “hosting platform” ( the online advertisement website) must warn prospective “buyer”/”renter” that subletting the tenant’s residence may violate the lease and could result in eviction.
(1) A temporary emergency (by police), (2) ex parte (by family member or police) and (3) after notice and hearing (for one year term). There is also a penalty if someone makes a false petition, e.g. a misdemeanor penalty.
There are judicial council forms for this: http://www.courts.ca.gov/33683.htm