Hello everybody. In the August 2020 issue of this magazine, I discussed the requirements of providing on-site resident apartment managers with legally mandated meal breaks and rest periods. It was a topic that in the 39 years that I have been the legal writer for AOA, I had not previously addressed. But a further discussion…
Hello everybody. In the context of the management of apartment buildings, I thought it would be appropriate this month to review what privileges owners have to prevent others from testifying against them in any civil or criminal proceeding. That thought occurred to me as I was thinking about former President Donald Trump and the legal…
Hello everybody. At the time when interest rates on mortgages are at a near historic low, AOA members might find it surprising that I am devoting this article to a discussion of high interest rates, that is, usurious interest which exceeds the maximum rates California law allows. But interest rates are not low for everyone,…
Hello everybody. Unfortunately, this month I have terrible news to report about laundry room leases. On September 25, 2020, the California Court of Appeal ruled in favor of Dadson Washer Service, Inc. (“Dadson”) and against the apartment owner in a case which upheld the validity of Dadson’s automatic renewal clause and which extended Dadson’s initial…
“TEAR-OUT” SUMMARY Effective…
Hello everybody. Most everyone hopes that 2021 will bring about an end to the COVID-19 pandemic, landlords will be able to fill their vacancies again, and statewide rent control will be lifted. As the legal writer for the Apartment Owners Association, my hope and New Year’s Resolution wish for AOA members is more modest, but…
Hello everybody. My topic this month discusses problems with the legality of a “non-refundable” deposit provision in a real estate purchase contract, and presents possible alternatives. The Problem with Non-Refundable Deposits Often, the seller of real property wants the buyer’s deposit to be non-refundable meaning that if the buyer defaults under the contract or wrongfully…
Hello everybody. Let’s start with a multiple choice pop quiz about options: Assume that a landlord gives his tenant an option to extend the term of their lease by five years provided that the tenant exercises the option in writing on or before Sunday, July 4, 2021, i.e., Independence Day next year. If the tenant…
Hello everybody. Over the years, I have authored many articles for AOA members regarding the employment of resident managers.But two aspects I have not previously discussed are the rest periods and meal breaks the law requires owners and management companies to provide to their resident managers.It is timely to address rest and meal periods because…
Hello everybody. On July 1, 2020, resident manager laws will change in many cities throughout California. Fortunately, the on-site laws promulgated by the state of California will not change in any significant fashion until January 1, 2021.