Here is a summary of some of the larger new real estate oriented laws for 2019.
January 1, 2017, Civil Code § 1938 was expanded to require:
A Certified Access Specialist (CASp) report can reduce the minimum statutory damages and allow for a stay of the lawsuit pending a mediation session with the court. Effective January 1, 2017, revised Code Section 1938 also requires:
City of Los Angeles: Technically, short term rentals are currently illegal in Los Angeles. ( (Chen vs. Kraft (2016) LA is slow moving but in April 2018 the City Counsel committee approved a measure to allow short term rentals but CAP the number of days that a primary residence can be rented out to
In denying a motion to quash an unlawful detainer summons, the trial court may not restrict a defendant’s responsive pleading to an answer. Van Butenschoen v. Flaker; Superior Court of California, County of Los Angeles – filed Oct. 16, 2017 Cite as 2017 S.O.S. 5258 Full text click here
This makes complete sense because the
The general “extension rule” of CCP 12a which does apply to 3 Day Notices, does NOT apply to exercise of lease options. In a commercial lease, the civil procedure rule extending period to perform any lawfully required act past holidays, including Saturday, to next non-holiday did not apply to lease between commercial tenants and landlords, so the tenants’ attempt to exercise lease option was untimely, although last day to exercise option fell on Saturday and tenants attempted to exercise option the following Monday.
Continue Reading Code of Civil Procedure § 12a does NOT extend time to exercise a lease option (Gans v. Smull (2003) 111 Cal.App.4th 985
While most rental properties in California are NOT under rent control, many cities have rent control ordinances that state two or more dwelling units, including condos, on a lot if built before a certain date are under rent control. For example, Los Angeles’s cut off date for rent control is October 1, 1978, Santa Monica
A buyer purchasing after a foreclosure sale, can serve a notice to quit to a tenant/former owner before recording the deed, e.g. before title is “perfected”. Citing Code of Civil Procedure § 1161a and U.S. Financial, L.P. v. McLitus (2016) 6 Cal.App.5th Supp. 1, the Court of Appeal affirmed, stating: “Here we reject the occupant’s
Most landlords will have a tenant requesting a “service” or “companion” animal and show a vague note from a doctor supporting this request. This is an area where the unwary landlord can be bitten pretty hard, but here is an idea which may work, even if it may be almost impossible to get the DA or Police to file an action. Cite Penal Code §365.7 to the tenant and say if he is misrepresenting that his dog is a Licensed or qualified service animal, then you will bring an action against him citing this statute.
Continue Reading Fighting Phony Service Animal Requests (Penal Code §365.7)
It’s been a while, but today I heard of a renegade landlord doing self help, so here is my warning to landlords who are fed up with their tenant. Stop, call a lawyer or the police before taking the laws into your own hands or risk liability and a large lawsuit. (See Code of Civil Procedure §789.3) More below…
Continue Reading Illegal Evictions and Other Landlord No No’s (Criminal and Civil Liability) (CCP §789.3)
Medical and probably soon recreational marijuana is going to be a hot box for landlords and tenants. Medical marijuana is also NOT a basis nor does it create “civil rights” for residential tenants to smoke in their apartments!! Health and Safety Code §11362.5 (Compassionate Use Act of 1996 “CUA”) allows medical marijuana to be purchased, possessed and used. There are many levels and issues, but here is a sampler. This is one confusing, vague, and evolving area of law and how it impacts employers and landlords. Make sure to check current law both state, national and local (city), as all laws apply.
Continue Reading Marijuana Laws and Landlord-Tenant Rights