Legal Q & A – by Franco Simone, Esq.
Q: My tenant is two months behind on his rent He told me if I try to evict him he will file bankruptcy to stop the eviction, can he do that?
Q: My tenant is two months behind on his rent He told me if I try to evict him he will file bankruptcy to stop the eviction, can he do that?
As an apartment owner, you may have considered banning smoking inside your rental property, but you’ve hesitated until you learn more about the legality and benefits of such a decision. If that sounds familiar, you’re not alone!
DetailsYou have heard it all before. Some of us have even said it ourselves – “Being a landlord can be a pain.” Most people in this country will agree that it makes a lot of sense to buy property and invest in real estate. We also know all the benefits of investing in real estate. …
DetailsSkyrocketing rents mean that tenants have more financial incentive than ever to sue for wrongful eviction and other claimed violations of the San Francisco Rent Ordinance. Many rental property owners and operators are unaware that they lack adequate wrongful eviction insurance to protect against such claims. Even if an owner wins a wrongful eviction or…
DetailsOften times we get calls from clients or colleagues who ask us to explain what a “quiet title” action is. There is no need to be quiet and hush hush about quiet title actions – pun intended! In fact a quiet title claim is very common claim and cause of action asserted under California real…
DetailsQuestion One: I have a rent collection box on the premises. All of the tenants deposit their rent checks into this receptacle. Last week, the box was vandalized and all of the contents were taken. Two of the tenants had put in money orders which I am asking them to replace. They have informed me…
DetailsCountry music star Kenny Rogers recorded a song called “The Gambler”. The chorus reminds us that … “You’ve got to know when to hold em’, know when to fold em’, know when to walk away and know when to run”. The landlord-tenant relationship often takes on the character of a high-stakes poker game – each…
DetailsLiterally, bed bugs are on the hunt for a food supply, and unsuspecting people are the main entrée for these blood-sucking creatures. Bed bugs are wingless insects, oval in shape. These creatures range in color from brown, or rusty red to almost white. One out of five people in the U.S. are in contact with…
DetailsIf you have, or expect to develop, a “taxable” estate (more than the estate and gift tax exclusion amounts which now protect nearly an $11 million estate for a married couple), newly Proposed IRS Regulations make it IMPERITIVE that you consider advanced estate tax planning NOW. The new Proposed Regulations, released this week, are designed…
DetailsRed Flag if Rental Applicant is Not on a Current Lease! When screening and verifying prospective residents, the general consensus among landlords is to consider it a red flag if a rental applicant is neither on the lease nor paying rent at their current residence in which they are vacating. For example, if the applicant…
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