Legal Q & A – by Richard Beckman, Attorney

Question 1:  I verbally gave my renter permission to paint one room of my unit, which was originally white, to a color that they’d prefer, without stipulating any conditions. They painted the entire interior. Now that they are moving out, I want to return the interior spaces to their original white. Can I charge my…

Non-Refundable Purchase Deposits and Liquidated Damages – By Dale Alberstone, Esq.

Hello everybody.  My discussion this month examines the validity of a “non-refundable” deposit clause in a real estate purchase contract and related liquidated damages provisions. The California Court of Appeal case of Kuish v. Smith, 181 Cal.App.4th 1419, well illustrates current law. The Kuish Decision In Kuish, the buyer (Kuish) entered into a written contract…

Legal Q & A by Dennis Block, Attorney

Question 1:  Due to the extraordinary hot weather, my tenant is demanding that I install an air conditioner. Do I have a legal obligation to do so? Answer 1: There is no obligation for a landlord to install an air conditioner under the California Civil Code. A habitable dwelling does not require air conditioning. If,…

City of Highland is Sued for Attempting Warrantless Snooping on Rental Property!

The City of Highland is violating fundamental constitutional rights by trying to coerce landlords and tenants into surrendering their freedom from unjustified, warrantless government intrusion on their property. So argues a new federal lawsuit against the city. It challenges the city’s attempt to pressure a rental property owner and his tenants into allowing an open-ended…