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…
DetailsQuestion 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,…
DetailsDid you even goal plan? Without goals, you simply end up coasting through life and as the last several years of my life have shown me, you need to know when to coast and when to push. When I look back at my most successful years, it all started with goals, plans and a destination.…
DetailsAs utility costs increase, owners of multifamily properties have searched for a fair method to pass on these expenses. Most multifamily properties in the western states today have been built with separate electrical and gas metering so tenants expect to pay their own electric and gas bills. Landlords have traditionally paid for the water and…
DetailsThe 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…
DetailsContinued from Part 9: Her interest did not rise to enthusiasm, but she still went to drive the area and walk the property. Her promise to the agent not to get out of her car didn’t count because her fingers were crossed. The current owners appeared to have had a longstanding “no maintenance” policy and…
Details“Room for Rent in Owner-Occupied Single Family Home. No Jews, Blacks or Muslims.” One glance at this fictitious ad may cause you to accuse the landlord of overt discrimination. It may also cause you to throw up. But is this ad discriminatory or simply a homeowner exercising his or her property rights? According to Merriam-Webster’s…
DetailsThe most important function in property management is leasing. With no rentals, no residents; no rental income; no revenue; expenses can’t be paid, property failure results in foreclosure. Leasing is the life blood of our industry. Unfortunately, leasing positions at a property are viewed as the entry level and experience the highest volume of turnover.…
DetailsQuestion 1: My tenant has given written notice to vacate a month to month rental. Her son was given permission to be added as an additional household member as a live-in aide. He was never added to the rental agreement and my tenant is having difficulty getting him to leave. My question is, if she…
DetailsThe formula for progress is simple … we’ve known the three steps for 240 years. Last month, I wrote about the idiotic beggar-thy-neighbor “mercantilist” trade policies being advocated by the front-runners for the 2016 presidential nomination. In The Wealth of Nations, Adam Smith (1723-1790), founder of the science of economics and champion of free enterprise,…
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