As a California commercial landlord, you may encounter a tenant who wishes to sublet your space for a portion of the lease term. Your tenant may not need the entire space anymore and is looking to generate income by renting some of the rental property. Conversely, your tenant may have already vacated the space but still has a good bit of time remaining on the lease. SFGate reports that there are certain guidelines you must follow when a tenant requests to sublet a commercial space. The subleasing process If your commercial tenant wishes to sublease some of the space you leased, you must give your approval first. When responding to the request, do so in writing. You maintain the right to refuse a request to sublease your space. If you fail to respond to the written request, the tenant may assume that it is acceptable to move forward with subleasing the extra space. Valid reasons for denying a sublease request You need to have a valid reason for refusing to allow a commercial tenant to sublet. If the prospective subtenant runs a business that is not well-suited for the building, this may constitute valid grounds for denial. The same holds true if you question the legality of the proposed use. You may have valid grounds to refuse a sublease request if your original tenant was unable to stay current on rent. If you refuse the request in writing, you may have legal recourse if the tenant moves forward with the sublease, anyway. Ignoring your refusal may constitute grounds for eviction.
Do you have to allow subletting as a commercial landlord?
As a California commercial landlord, you may encounter a tenant who wishes to sublet your space for a portion of the lease term. Your tenant may not need the entire space anymore and is looking to generate income by renting some of the rental property. Conversely, your tenant may have already vacated the space but still has a good bit of time remaining on the lease. SFGate reports that there are certain guidelines you must follow when a tenant requests to sublet a commercial space. The subleasing process If your commercial tenant wishes to sublease some of the space you leased, you must give your approval first. When responding to the request, do so in writing. You maintain the right to refuse a request to sublease your space. If you fail to respond to the written request, the tenant may assume that it is acceptable to move forward with subleasing the extra space. Valid reasons for denying a sublease request You need to have a valid reason for refusing to allow a commercial tenant to sublet. If the prospective subtenant runs a business that is not well-suited for the building, this may constitute valid grounds for denial. The same holds true if you question the legality of the proposed use. You may have valid grounds to refuse a sublease request if your original tenant was unable to stay current on rent. If you refuse the request in writing, you may have legal recourse if the tenant moves forward with the sublease, anyway. Ignoring your refusal may constitute grounds for eviction.
Tips to reduce tenant disputes
Being a landlord comes with its fair share of risks because there are so many regulations to follow. Because of this, it is important to take certain steps to reduce exposure to liability and tenant conflicts. Treating tenants fairly and minimizing your risks can help give you peace of mind as a landlord. Make your property somewhere you would want to live Chances are that you would not be willing to live in subpar conditions, and your tenants do not want to either. Be sure to fix unsafe conditions and make it a point to maintain your property. If a tenant calls you with a problem, respond as promptly as you can. Safety is also a big issue when it comes to desirable living conditions. According to FindLaw, you may be held liable for crimes occurring on your property. Be sure to install safety features such as motion lights and even an alarm system if necessary. Treat all tenants fairly Laws exist to prevent housing discrimination and the authorities take them very seriously. Brush up on your knowledge of these laws to ensure that you do not cross over the line by accident. In general, do not deny housing to someone based on their gender, disability, race, religion or other protected status factors. Whatever screening process you ultimately decide to use to determine tenancy requirements, be sure to use that same process for every single person. Exceptions can land you in hot water. Accommodate disabled residents Before you rent a property to anyone, make sure that it complies with the Americans with Disability Act’s requirements. If there are any additional improvements you can make to accommodate your resident, put the effort towards doing that. Complying with all laws regarding fair housing requirements and putting in a little extra effort can go a long way towards avoiding tenant disputes.
Tips to reduce tenant disputes
Being a landlord comes with its fair share of risks because there are so many regulations to follow. Because of this, it is important to take certain steps to reduce exposure to liability and tenant conflicts. Treating tenants fairly and minimizing your risks can help give you peace of mind as a landlord. Make your property somewhere you would want to live Chances are that you would not be willing to live in subpar conditions, and your tenants do not want to either. Be sure to fix unsafe conditions and make it a point to maintain your property. If a tenant calls you with a problem, respond as promptly as you can. Safety is also a big issue when it comes to desirable living conditions. According to FindLaw, you may be held liable for crimes occurring on your property. Be sure to install safety features such as motion lights and even an alarm system if necessary. Treat all tenants fairly Laws exist to prevent housing discrimination and the authorities take them very seriously. Brush up on your knowledge of these laws to ensure that you do not cross over the line by accident. In general, do not deny housing to someone based on their gender, disability, race, religion or other protected status factors. Whatever screening process you ultimately decide to use to determine tenancy requirements, be sure to use that same process for every single person. Exceptions can land you in hot water. Accommodate disabled residents Before you rent a property to anyone, make sure that it complies with the Americans with Disability Act’s requirements. If there are any additional improvements you can make to accommodate your resident, put the effort towards doing that. Complying with all laws regarding fair housing requirements and putting in a little extra effort can go a long way towards avoiding tenant disputes.
Will rent control put an end to soaring California prices?
As a landlord in California, you probably watched the past few years with bated breath. Government officials made several attempts to introduce rent control measures to make housing more affordable, but these propositions face continuous defeat. The most recent defeat you may have noticed came in November of last year when Californians voted down Proposition 21. This ballot measure aimed to give local governments the right to dictate the ceilings for rent, with some exceptions. ABC7 notes that this represents the second time in two years that voters rejected rent control measures. The last time occurred in 2018 and involved Proposition 10. Costa-Hawkins Vs Propostion 21 The Costa-Hawkins Rental Housing Act of 1995 restricts local jurisdictions from placing rent control measures on units built after 1995. The most recent proposition had hoped to change this restriction to apply only to properties 15 years or older on a rolling basis. It also hoped to restrict how much you could raise the rent by when a tenant moves out. Housing affordability crisis Housing affordability remains a top concern all across the country, in both rental and ownership markets. This problem has compelled some people to move into rural areas. Some people have also decided to pursue alternative means of homeownership, such as RVing or living in stick-built tiny homes. These markets continue to grow but have done nothing to stem the demand for traditional homes. California continues to face concerns related to homelessness and high costs of living. Because of this, another rent control proposition will likely resurface in the next few years.
Will rent control put an end to soaring California prices?
As a landlord in California, you probably watched the past few years with bated breath. Government officials made several attempts to introduce rent control measures to make housing more affordable, but these propositions face continuous defeat. The most recent defeat you may have noticed came in November of last year when Californians voted down Proposition 21. This ballot measure aimed to give local governments the right to dictate the ceilings for rent, with some exceptions. ABC7 notes that this represents the second time in two years that voters rejected rent control measures. The last time occurred in 2018 and involved Proposition 10. Costa-Hawkins Vs Propostion 21 The Costa-Hawkins Rental Housing Act of 1995 restricts local jurisdictions from placing rent control measures on units built after 1995. The most recent proposition had hoped to change this restriction to apply only to properties 15 years or older on a rolling basis. It also hoped to restrict how much you could raise the rent by when a tenant moves out. Housing affordability crisis Housing affordability remains a top concern all across the country, in both rental and ownership markets. This problem has compelled some people to move into rural areas. Some people have also decided to pursue alternative means of homeownership, such as RVing or living in stick-built tiny homes. These markets continue to grow but have done nothing to stem the demand for traditional homes. California continues to face concerns related to homelessness and high costs of living. Because of this, another rent control proposition will likely resurface in the next few years.
Maintaining a competitive edge in a saturated market
Commercial real estate investments in California encompass a range of niche markets drawing both experienced investors and green professionals looking to expand their portfolio. One of the challenges in a bustling market is the ability to stay competitive. Investors who identify personal strategies for success and strive to improve their competencies can maintain a competitive edge even with the constant influx of investors. Thinking outside the box Finding promising investment opportunities requires days and sometimes months of grueling research. Investors often have strict criteria they have identified as playing a crucial role in making any opportunity worthwhile. While they should establish some boundaries, The Motley Fool suggests that investors should think outside of the box. While a piece of commercial real estate may appear one way, investors can make more informed decisions after considering a variety of scenarios and a variety of outcomes. They may look for other opportunities looming in the shadows of obviously promising investments to identify lesser-known options that could also have a favorable outcome. Refining the management aspect How effectively investors can manage their property directly correlates with their success. The Motley Fool encourages investors to establish a consistent method for property management. Several factors impact management strategies including the following: Property size Property location Property uses Zoning requirements Some commercial real estate investors choose to manage their properties on their own. Others rely on a third-party to facilitate property upkeep and maintenance according to requested standards and timelines. Regardless of how investors choose to manage the properties in their portfolio, they should use consistent, reliable and effective methods. Keeping their properties in optimal condition can make a considerable difference in their ability to remain competitive.
Maintaining a competitive edge in a saturated market
Commercial real estate investments in California encompass a range of niche markets drawing both experienced investors and green professionals looking to expand their portfolio. One of the challenges in a bustling market is the ability to stay competitive. Investors who identify personal strategies for success and strive to improve their competencies can maintain a competitive edge even with the constant influx of investors. Thinking outside the box Finding promising investment opportunities requires days and sometimes months of grueling research. Investors often have strict criteria they have identified as playing a crucial role in making any opportunity worthwhile. While they should establish some boundaries, The Motley Fool suggests that investors should think outside of the box. While a piece of commercial real estate may appear one way, investors can make more informed decisions after considering a variety of scenarios and a variety of outcomes. They may look for other opportunities looming in the shadows of obviously promising investments to identify lesser-known options that could also have a favorable outcome. Refining the management aspect How effectively investors can manage their property directly correlates with their success. The Motley Fool encourages investors to establish a consistent method for property management. Several factors impact management strategies including the following: Property size Property location Property uses Zoning requirements Some commercial real estate investors choose to manage their properties on their own. Others rely on a third-party to facilitate property upkeep and maintenance according to requested standards and timelines. Regardless of how investors choose to manage the properties in their portfolio, they should use consistent, reliable and effective methods. Keeping their properties in optimal condition can make a considerable difference in their ability to remain competitive.
How to handle breach of contract in California
Contracts protect business interests and lower the company’s risk when entering partnerships, hiring employees or otherwise conducting major transactions. As such, a breach of contract can represent a major financial loss. Learn more about proving a breach of contract in California when a partner, supplier or contractor fails to meet the terms of an agreement. Elements of breach of contract The plaintiff in this type of case must prove that a valid contract existed. They must also show that they performed the contract and the defendant failed to do so. Finally, the plaintiff must show that financial damages resulted directly from this breach of contract. For example, if a chef at a restaurant breached a non-compete agreement and opened a cafe across the street, the plaintiff can attempt to prove that this location caused their business to decline. Available damages and remedies California does not allow punitive damages in a breach of contract case. The plaintiff can seek compensation for the business’s actual financial loss. Coverage for legal fees is available only when the company made this provision in the original contract. In lieu of monetary damages, the plaintiff can ask the court to require the defendant to perform the terms of the contract as agreed. Businesses do not necessarily have to go to court to protect their interests in a contract breach. Alternative dispute resolution methods such as mediation can help companies reach an agreement with former partners or employees. Companies that do decide to sue have four years to do so in California for a written contract. The statute of limitation for breach of an oral contract is just two years.
How to handle breach of contract in California
Contracts protect business interests and lower the company’s risk when entering partnerships, hiring employees or otherwise conducting major transactions. As such, a breach of contract can represent a major financial loss. Learn more about proving a breach of contract in California when a partner, supplier or contractor fails to meet the terms of an agreement. Elements of breach of contract The plaintiff in this type of case must prove that a valid contract existed. They must also show that they performed the contract and the defendant failed to do so. Finally, the plaintiff must show that financial damages resulted directly from this breach of contract. For example, if a chef at a restaurant breached a non-compete agreement and opened a cafe across the street, the plaintiff can attempt to prove that this location caused their business to decline. Available damages and remedies California does not allow punitive damages in a breach of contract case. The plaintiff can seek compensation for the business’s actual financial loss. Coverage for legal fees is available only when the company made this provision in the original contract. In lieu of monetary damages, the plaintiff can ask the court to require the defendant to perform the terms of the contract as agreed. Businesses do not necessarily have to go to court to protect their interests in a contract breach. Alternative dispute resolution methods such as mediation can help companies reach an agreement with former partners or employees. Companies that do decide to sue have four years to do so in California for a written contract. The statute of limitation for breach of an oral contract is just two years.
What responsibilities do you have regarding your commercial tenants?
When you own commercial property that you lease or rent to tenants, failure to live up to your responsibilities to them can result in protracted and expensive legal disputes. While the commercial leases or rental agreements you negotiate with your respective tenants likely will set forth which of you must do which things to or on the property, PekinInsurance.com advises that you, as the property owner, cannot delegate some responsibilities to your tenants. Habitable building California law requires you to provide your commercial tenants with not only their own habitable spaces, but also an overall habitable building. This means that it is your responsibility, not theirs, to abide by the rules and regulations set forth in the building codes applicable to your structure, be they state, county or city. Major repairs and maintenance Nor can you delegate your responsibility to adequately maintain and repair your building and its individual units and spaces. Consequently, you should regularly inspect and, when necessary, repair the following: Your building’s roof and paneling Its water pipes and connections Its heating and air conditioning units Its fire alarms and smoke detectors Any security devices you provide for your tenants’ doors and windows Any appliances you provide your tenants Waste removal You likewise bear responsibility for keeping your building and its common grounds and surrounding premises in a safe, clean and reasonably hazard-free condition. This includes not only regular trash removal, but also the removal of snow, ice and other debris from your building’s parking lots(s) and sidewalks. Also keep in mind that you likewise bear responsibility for making your building compliant with the Americans With Disabilities Act if it or any of its tenant-occupied spaces are open to the public.
What responsibilities do you have regarding your commercial tenants?
When you own commercial property that you lease or rent to tenants, failure to live up to your responsibilities to them can result in protracted and expensive legal disputes. While the commercial leases or rental agreements you negotiate with your respective tenants likely will set forth which of you must do which things to or on the property, PekinInsurance.com advises that you, as the property owner, cannot delegate some responsibilities to your tenants. Habitable building California law requires you to provide your commercial tenants with not only their own habitable spaces, but also an overall habitable building. This means that it is your responsibility, not theirs, to abide by the rules and regulations set forth in the building codes applicable to your structure, be they state, county or city. Major repairs and maintenance Nor can you delegate your responsibility to adequately maintain and repair your building and its individual units and spaces. Consequently, you should regularly inspect and, when necessary, repair the following: Your building’s roof and paneling Its water pipes and connections Its heating and air conditioning units Its fire alarms and smoke detectors Any security devices you provide for your tenants’ doors and windows Any appliances you provide your tenants Waste removal You likewise bear responsibility for keeping your building and its common grounds and surrounding premises in a safe, clean and reasonably hazard-free condition. This includes not only regular trash removal, but also the removal of snow, ice and other debris from your building’s parking lots(s) and sidewalks. Also keep in mind that you likewise bear responsibility for making your building compliant with the Americans With Disabilities Act if it or any of its tenant-occupied spaces are open to the public.