Prescriptive easements are once again front and center in the news. On March 5, 2015 California Court of Appeal restated the principle that “constructive” knowledge by an owner of the neighbor’s use of his land is sufficient notice to create an easement by prescription even if the owner did not have “actual” knowledge of the…
DetailsQuestion One: I have a tenant who gave notice to leave in mid-March. I told her that our policy was to have her pay the entire month’s rent on March 1st. We would then prorate back the excess rent after she moved out. This is the way I’ve always handled mid-month move-outs. She refused and
Investments can do different things, but no individual investment can do conflicting things. That’s because some desiderata are mutually exclusive. For example, we can’t maximize portfolio growth unless we borrow money to do it. And we can’t maximize safety if the apartment building is mortgaged. In countries where mortgages are unknown, foreclosures are equally unknown.
Question 1: I served a 60 day notice to my tenants in Richmond because I want to sell the property free of tenants. The notice expired, but the tenants say they are still looking for their new home. Should I go ahead with
There is a disturbing trend where unscrupulous law firms are enlisting tenants to bring forth legal actions against landlords. These lawsuits are based on deficiencies with the buildings, which give rise to huge damage and attorney fee awards against owners and management companies.
Q: I have a tenant who moved into his rental unit last month. I included a provision in his lease that prohibits smoking in his unit. Now, his neighbors are complaining that cigarette smoke from his unit is seeping through their walls. When I approached the tenant he told me that he has the right…
DetailsAs the California Legislature reconvenes, Californians will hear two decidedly different messages from both politicians and political pundits about the “state of the state.” Governor Brown will surely tout the “California comeback” and argue that the state is in much better fiscal health than just a couple
Wall Street JournalSurvey of 63 Economic Forecasters The WSJ just completed its March survey of over 60 economic forecasters, and the results were a bit disappointing. The forecasters, on average, expect the surging U.S. dollar and global weakness elsewhere will keep the economy slightly below 3% growth for all of 2015.
DetailsGross Receipts Tax Passed in 2012, but didn’t begin to phase in until 2014. [We have posted on our website – www.smallprop.org) – an extensive article about the new gross receipts tax approved by the voters in 2012, which will gradually replace the Payroll Tax (which virtually no small property owner was required to pay.]
DetailsCan a tenant place a poster on his balcony that says “I support the death penalty” or other political (and perhaps inflammatory) statements? I raised this very issue with eviction Attorney Dennis Block on our weekly radio show (Landlord-Tenant Radio, Mondays at 1:00 p.m. on KTYM 1460 AM).