By Lynn Dover, Esq., Kimball, Tirey & St. John LLP

If you own or manage residential rental property, you may have had to deal with domestic violence incidents between residents.  And if you haven’t yet, chances are you will at some point. When domestic violence occurs in a rental unit, owners and managers frequently have questions. For instance, if the victim obtains a restraining order and wants her locks changed, should you change them? Or if there is no restraining order and you receive complaints from other residents about loud fighting, should you evict both the victim and the perpetrator?  What if the victim wants to terminate his or her lease?  If you let the victim out of the lease, how do you handle the security deposit when the unit is finally vacant?

Definition of Abuse

Before we look at these and other questions, let’s look at what does – and does not – constitute domestic violence. California Family Code § 6211 defines domestic violence as abuse perpetrated against someone with whom the victim has (or had) a romantic relationship such as marriage, living together, dating, engagement or having a child with the person. It is also defined as abuse against a child of one of the parties to the relationship or against a person who is related to one of the parties (such as a parent, sibling, in-law or grandparent of one of the parties). The definition does not include disputes between people who are only roommates or neighbors.

My family moved to California sometime just after World War II.  Mom’s family moved to the Westside of Los Angeles around 1948 or 1949 from Rochester, New York when she was in her early 20’s.  My grandmother, an immigrant from Eastern Europe, was a widower who had lost her husband to cancer and, at the time, was left with three children under the age of 5, including my mom who was only 3 years old and one brother that not much later died as an infant.  Following my grandfather’s and my mom’s sibling’s untimely deaths, my grandmother and her older sister, my great aunt, moved in together to care for my mom and her brother who had been inflicted with polio and suffered from its effects his entire life.  Together, these two strong women worked long and hard at often back-breaking, unskilled jobs while at the same time saving and sacrificing as much as humanly possible to put a roof over my mom’s and her handicapped brother’s heads.

A rental or lease agreement is a legal binding contract between a landlord and a tenant that describes the rules to follow for each party in their relationship. Rental agreements could be long, they could be short, they could be nicely printed on legal paper, or they could be hand typed. Whatever your case may be, you as a landlord need to be sure that you cover the basics; and more!

Rental agreements need to disclose important factors such as how much the tenant will pay a month for the property, how long the tenancy will last, and what would happen in the event that the tenant would to forcibly opt out of the contract. Along with these crucial clauses, we could also find other important business related details. Here are some of the more important clauses that you need to be sure to include in your rental agreement.

As the situation surrounding COVID-19 (coronavirus) continues to evolve, the Apartment Association of Greater Los Angeles and the producer of the Income Property Management Expo & Maintenance Mania has been committed to working closely with the City of Pasadena Public Health Department, Los Angeles County Department of Public Health and we have been monitoring guidance being communicated by the Centers for Disease Control and Prevention.

State public health experts have determined that gatherings should be postponed or canceled across the state until at least the end of March. Non-essential gatherings must be limited to no more than 250 people, while smaller events can proceed only if the organizers can implement social distancing of 6 feet per person. Gatherings of individuals who are at higher risk for severe illness from COVID-19 should be limited to no more than 10 people, while also following social distancing guidelines.

As a result, we are postponing the March 24th Income Property Management Expo until Wednesday, October 7th.  The Expo at that time will again take place at the Pasadena Convention Center. In addition, Maintenance Mania will be cancelled until further notice. Additional information regarding the event will be made available as soon as possible.

By EMILY ALPERT REYES | LATimes.com

Alarmed about people being “squeezed out” of their homes, Los Angeles City Councilman Mike Bonin wants to clamp down on rent increases for hundreds of thousands of tenants, tightening the rules under a long-standing city ordinance.

Decades ago, Los Angeles decided to limit how much rents could be hiked annually for tenants living in older buildings. Under the Rent Stabilization Ordinance, annual increases are based on the consumer price index — a typical measure of inflation — and capped at 8%.

By Nicole Seidner, Contemporary Information Corporation (CIC)

Now is the time to discuss everyone’s favorite subject, fair housing law. Such a fun topic – it’s right up there with favorite sports team, latest blockbusting movies, and that funny thing your dog did.  Fine, talking law and restrictions is barely fun for the lawyers. That doesn’t mean the conversation can or should be avoided.

One of the most dangerous things that a rental property owner or multifamily professional can do is accidentally (or intentionally) cross swords with the Fair Housing Act (FHA). One of the most defining laws of the industry, the FHA was created to ensure every person that applies for a place to live has an equal chance of getting it. In no way was the FHA the first of its kind, as the Rumford Fair Housing Act was writ just a handful of years before, and similar laws struggled their way towards change since the 1800s. However, the Fair Housing Act of 1968 was greatly different because of its success in changing the game of renting.

As a rental housing professional, you probably know the ins and outs of your property’s local eviction laws. Recently, in states, counties, and cities across the US there has been a movement to amend the eviction process in order to protect renters with minimal regard for impacts it may have on rental property owners.

Legislators and activist groups pushing for more leniency and restrictions related to the eviction process are increasingly likely to pass laws, or ordinances, that will require changes to the way you manage properties. Among the best ways to protect your investments and clients is to get a refresher on some of the most common complaints that can easily result in ending up on the wrong side of the decision in a courtroom.

From notice requirements and eviction fees – you know what to do in case a resident infringes on their lease. But, do you know when you can’t file for eviction? These are four ways your eviction could be illegal.

Numerous acronyms serve as shorthand for real estate professionals to communicate about complex financial and investment concepts:

• PMI (private mortgage insurance)
• NOI (net operating income)
• CCR (cash-on-cash return)
• MLS (multiple listing service)
• FMV (fair market value)

Private mortgage insurance, for instance, is widely known to residential lenders and borrowers as a form of protection when a down payment is below certain levels relative to the amount borrowed.

But here’s another real estate acronym that should join the lexicon of residential property owners and property managers:

A brief glance at a lease agreement usually appears as though the landlord wields all the power (which he does most of the time anyways). However, an overzealous landlord or a careless one could find himself with some serious legal liability problems if he doesn’t take caution. To save yourself from expensive mistakes, read on to learn more about landlord liabilities pitfalls to avoid.