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Commercial Landlord Disclosures of Inspection by CASp

Fried and Williams LLP

1 min

Commercial Landlord Disclosures of Inspection by CASp

A commercial property landlord must state on every rental agreement, signed on or after July 1, 2013, whether the property being rented has been inspected by a Certified Access Specialist (CASp) and, if so, whether the property has been determined to meet all applicable construction-related accessibility standards under the law. Civil Code § 1938. The law doesn't require a landlord to hire a CASp. And an election not to hire a CASp is not admissible to prove that person's l

2013 New Termination Notice Language

Fried and Williams LLP

1 min

2013 New Termination Notice Language

Under State Law, a landlord may generally terminate a tenancy with a 30-day or 60-day written notice. The State Law was recently amended to require the landlord to include the following language in the notice: "State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the prop

2013 Court Budget Cuts

Fried and Williams LLP

1 min

2013 Court Budget Cuts

Recent court budget cuts have resulted in court delays. This is even impacting eviction actions, which are supposed to get trial preference. Where unlawful detainer trials are supposed to be set within three weeks of request, our firm has recently seen the court in one county set an unlawful detainer trial as far out as six weeks from the request. © 2013 by Fried & Williams LLP. All Rights Reserved. The information contained in this article is general in nature. For advi

Foreclosures

Fried and Williams LLP

1 min

Foreclosures

Effective January 1, 2013, a landlord who receives a Notice of Default must now disclose this fact to prospective tenants before a lease is signed. Failure to do so enables the tenant to void the lease and subjects the landlord to potential penalties equal to one month's rent or twice the actual damages incurred by the tenant. This new law comes from Senate Bill 1191. Effective March 1, 2013, California law will be changed to mirror the temporary Federal law by requiring at

Disclosure of New Property Owner

Fried and Williams LLP

1 min

Disclosure of New Property Owner

When a property with a tenant is sold, the new owner must disclose to the tenants the new owner's name and address where to pay rent within 15 days of the sale. Failure to do so precludes the owner from evicting for nonpayment of rent until the owner makes the disclosure. This new law comes from Assembly Bill 1953. © 2013 by Fried & Williams LLP. All Rights Reserved. The information contained in this article is general in nature. For advice on any particular matter, pleas

Rent Payments by Check

Fried and Williams LLP

1 min

Rent Payments by Check

A landlord cannot require cash or electronic funds transfer as the sole means of rent or security deposit payment. In other words, a tenant may still pay by check or money order. There is an exception if the tenant has bounced a check. This new law comes from Senate Bill 1055. © 2013 by Fried & Williams LLP. All Rights Reserved. The information contained in this article is general in nature. For advice on any particular matter, please consult with our attorneys because the

ADA (Americans with Disabilities Act)

Fried and Williams LLP

1 min

ADA (Americans with Disabilities Act)

Lawsuits are frequently filed against landlords and business owners alleging that the building fails to comply with building access requirements under the ADA. These lawsuits impose mandatory damages and attorneys' fees when the building violates these requirements. A new law bans "demand for money" letters that were frequently sent to landlords and business owners demanding payment of damages and attorneys fees in return for dropping the ADA lawsuit. Now, attorneys are requi

Elder Abuse

Fried and Williams LLP

1 min

Elder Abuse

Current law permits a tenant to terminate a tenancy where the tenant, or a household member, is or was a victim of domestic violence, sexual assault, or stalking. Effective January 1, 2013, this permission to terminate extends to abused seniors and dependent adults. This new law comes from Senate Bill 1403. © 2013 by Fried & Williams LLP. All Rights Reserved. The information contained in this article is general in nature. For advice on any particular matter, please consu

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