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You can and should check up on those who apply to rent or lease your property. Without screening measures, you could end up with a tenant who causes problems for you and others or refuses to pay their rent. Although you may screen your tenants, you must remain within the confines of California landlord-tenant laws and avoid violating their rights. A savvy individual could call out your improper conduct if a dispute arises, potentially leading to a legal nightmare. CAN YOU ASK PERSONAL QUESTIONS ON THE APPLICATION? Like most landlords, you probably have your prospective tenants complete an application. Although this seems like a fine opportunity to conduct some prescreening, you must be careful what you ask on a rental application. Under federal law, you may not discriminate against anyone with a protected status when renting or leasing real property. If you ask questions like these, you risk violating fair housing laws: What year were you born? Are you planning to have children? Do you attend church? Are you or another tenant disabled? What faith do you follow? These questions may seem innocent to some property owners. For example, you might want to ask about disabilities to ensure proper access to the rental unit or grounds. However, such questions can appear discriminatory under the federal Fair Housing Act, especially if you decline the application. A disgruntled applicant or tenant could use these questions against you. As you can see, there are many pitfalls for landlords to avoid when dealing with tenants. An effective way to reduce legal risks and find trustworthy tenants is through legal guidance. Having a professional assist with your application and screening process can help ensure that you don’t violate any discrimination laws.

You can and should check up on those who apply to rent or lease your property. Without screening measures, you could end up with a tenant who causes problems for you and others or refuses to pay their rent. Although you may screen your tenants, you must remain within the confines of California landlord-tenant laws and avoid violating their rights. A savvy individual could call out your improper conduct if a dispute arises, potentially leading to a legal nightmare. CAN YOU ASK PERSONAL QUESTIONS ON THE APPLICATION? Like most landlords, you probably have your prospective tenants complete an application. Although this seems like a fine opportunity to conduct some prescreening, you must be careful what you ask on a rental application. Under federal law, you may not discriminate against anyone with a protected status when renting or leasing real property. If you ask questions like these, you risk violating fair housing laws: What year were you born? Are you planning to have children? Do you attend church? Are you or another tenant disabled? What faith do you follow? These questions may seem innocent to some property owners. For example, you might want to ask about disabilities to ensure proper access to the rental unit or grounds. However, such questions can appear discriminatory under the federal Fair Housing Act, especially if you decline the application. A disgruntled applicant or tenant could use these questions against you. As you can see, there are many pitfalls for landlords to avoid when dealing with tenants. An effective way to reduce legal risks and find trustworthy tenants is through legal guidance. Having a professional assist with your application and screening process can help ensure that you don’t violate any discrimination laws.

Landlords may want to use cameras as a form of security. In a lot of senses, simply having security cameras in place can act as a deterrent. If someone does break into a unit, security footage can also go a long way toward showing what happened or to helping police find the perpetrators. But it can be complicated. What rights do the tenants have to privacy? Are landlords still allowed to use cameras, or would that be a violation of the tenant’s rights? OUTDOOR CAMERAS ARE PERMITTED Outdoor security cameras are allowed to be used. However, it’s very important for landlords to understand where a tenant has an expectation of privacy. The camera can never film them in these locations. This is why cameras inside of the unit are generally prohibited. They cannot be used in bathrooms, bedrooms, closets, changing areas, living spaces or anywhere else. Interestingly, it’s even important for landlords to consider the angle of their outdoor cameras. For instance, it’s common for a security camera to include the front door of the unit in the field of view. But if someone is entering the unit and the angle means that the camera sees inside that person’s home, it’s still a violation of their privacy. The camera may be outside, but a tenant always has an expectation of privacy inside the unit. RESOLVING DISPUTES This is one area in which landlords and tenants may find themselves in a dispute, but certainly not the only one. All involved need to be sure that they know about their legal options.

Landlords may want to use cameras as a form of security. In a lot of senses, simply having security cameras in place can act as a deterrent. If someone does break into a unit, security footage can also go a long way toward showing what happened or to helping police find the perpetrators. But it can be complicated. What rights do the tenants have to privacy? Are landlords still allowed to use cameras, or would that be a violation of the tenant’s rights? OUTDOOR CAMERAS ARE PERMITTED Outdoor security cameras are allowed to be used. However, it’s very important for landlords to understand where a tenant has an expectation of privacy. The camera can never film them in these locations. This is why cameras inside of the unit are generally prohibited. They cannot be used in bathrooms, bedrooms, closets, changing areas, living spaces or anywhere else. Interestingly, it’s even important for landlords to consider the angle of their outdoor cameras. For instance, it’s common for a security camera to include the front door of the unit in the field of view. But if someone is entering the unit and the angle means that the camera sees inside that person’s home, it’s still a violation of their privacy. The camera may be outside, but a tenant always has an expectation of privacy inside the unit. RESOLVING DISPUTES This is one area in which landlords and tenants may find themselves in a dispute, but certainly not the only one. All involved need to be sure that they know about their legal options.

If someone rents a home or apartment, they may wonder how many people are allowed to live there. Specifically, they are considering how many bedrooms they have and how many individuals are allowed to share each bedroom. In California, the general rule is that there can be two people in each bedroom. The formula that is sometimes used is called the 2-plus-1 one formula. This means that two people can be in each bedroom, but you can have one additional person for the entire home. It is worth noting, however, that there can be exceptions to the rule. Generally, the authorities are focusing on health and safety. If having more people in the unit doesn’t create health and safety problems, it can be allowed. But, overall, two people are allowed in each bedroom. HOW THIS CAN CREATE PROBLEMS This can cause problems for both tenants and landlords. For instance, a landlord could find themselves facing ramifications if they are intentionally renting to people who cannot fit the space. They may be tempted to do so if they’ve been having trouble filling that rental. Additionally, tenants themselves could face legal issues if they are putting more people into the space than are permitted. With rising rent costs, people sometimes will be tempted to add extra tenants – perhaps without even telling their landlord that they are doing so. But if this creates health and safety concerns, it may be illegal. All of this can lead to a lot of legal questions and even disputes between the two parties. Those involved need to know about the options at their disposal.

If someone rents a home or apartment, they may wonder how many people are allowed to live there. Specifically, they are considering how many bedrooms they have and how many individuals are allowed to share each bedroom. In California, the general rule is that there can be two people in each bedroom. The formula that is sometimes used is called the 2-plus-1 one formula. This means that two people can be in each bedroom, but you can have one additional person for the entire home. It is worth noting, however, that there can be exceptions to the rule. Generally, the authorities are focusing on health and safety. If having more people in the unit doesn’t create health and safety problems, it can be allowed. But, overall, two people are allowed in each bedroom. HOW THIS CAN CREATE PROBLEMS This can cause problems for both tenants and landlords. For instance, a landlord could find themselves facing ramifications if they are intentionally renting to people who cannot fit the space. They may be tempted to do so if they’ve been having trouble filling that rental. Additionally, tenants themselves could face legal issues if they are putting more people into the space than are permitted. With rising rent costs, people sometimes will be tempted to add extra tenants – perhaps without even telling their landlord that they are doing so. But if this creates health and safety concerns, it may be illegal. All of this can lead to a lot of legal questions and even disputes between the two parties. Those involved need to know about the options at their disposal.

In some cases, real estate investors are not going to be able to agree on what to do with the property that they own. Maybe you and a partner started an investment firm. You purchased some property and now you want to sell. Your partner doesn’t want to sell and doesn’t believe it’s the right time. What are you supposed to do? If a case like this goes to court, the court may use a tool known as a partition action. This is done to divide real property between two individuals. There are two ways to do it, which we will examine below. SPLITTING THE PROPERTY ITSELF First and foremost, you can use a partition in kind. This divides the property itself. You end up with different ownership shares and the paperwork is adjusted to show that you both own a different portion of that property. This way, one person could sell their portion and the other person could retain theirs, dividing their investment. SPLITTING UP THE EARNINGS The other type of partition action focuses on dividing the money earned in the sale. This is done if it’s a type of property that can’t realistically be divided between two owners. The only remaining outcome is to sell the property to a third party and then split the money between the two owners. This isn’t necessarily the ideal outcome for all involved, but it might be the only one that makes sense. Either way, if you find yourself in a dispute with your investment partner, it’s important to know about all of the legal options at your disposal. You may have a lot of money on the line and you need to know what steps you can take.

In some cases, real estate investors are not going to be able to agree on what to do with the property that they own. Maybe you and a partner started an investment firm. You purchased some property and now you want to sell. Your partner doesn’t want to sell and doesn’t believe it’s the right time. What are you supposed to do? If a case like this goes to court, the court may use a tool known as a partition action. This is done to divide real property between two individuals. There are two ways to do it, which we will examine below. SPLITTING THE PROPERTY ITSELF First and foremost, you can use a partition in kind. This divides the property itself. You end up with different ownership shares and the paperwork is adjusted to show that you both own a different portion of that property. This way, one person could sell their portion and the other person could retain theirs, dividing their investment. SPLITTING UP THE EARNINGS The other type of partition action focuses on dividing the money earned in the sale. This is done if it’s a type of property that can’t realistically be divided between two owners. The only remaining outcome is to sell the property to a third party and then split the money between the two owners. This isn’t necessarily the ideal outcome for all involved, but it might be the only one that makes sense. Either way, if you find yourself in a dispute with your investment partner, it’s important to know about all of the legal options at your disposal. You may have a lot of money on the line and you need to know what steps you can take.

If you own or manage any kind of property in the Los Angeles area, you know that California has some of the strongest accessibility regulations in the country. That includes residential properties available to rent. Of course, there are federal regulations as well. These include the Americans with Disabilities Act (ADA), which became law in 1990 as well as the Fair Housing Act of 1968 and the Rehabilitation Act of 1973 California’s Fair Employment and Housing Act (FEHA) also details accessibility regulations. What if you are simply renting out a home that you bought as an investment property or a condo that you no longer use? If, like many properties in the area, it was built in the early part of the 20th century (or even a little later), it may not have the accessible features like step-free entrances or wide doorways that some people need. All disabilities don’t involve mobility. Maybe you have a potential deaf renter who needs a special doorbell that alerts them when someone is at the door. WHO IS RESPONSIBLE FOR PAYING FOR THE MODIFICATIONS? This is where the regulations around reasonable modifications come in. Renters have a right to make reasonable modifications to the property or request that the landlord make them. It’s important to know when you as a landlord are required to pay for these modifications and when the renter can be required to do so (as well as footing the bill for removing them when they move out). Typically, if a requested modification brings the property into ADA compliance, the property owner must pay for it. If it’s not required under the law, but a tenant needs it to be able to live there, they would need to show that they can pay for it (and its removal). It’s important to remember that anyone can become disabled at any point in their lives. A renter who was in perfect physical condition when they moved in could be in a devastating car crash that makes their home uninhabitable for them without modifications. This is just a brief look at what L.A. property owners and managers need to know when a potential or current renter requests accessibility modifications. It’s wise to learn more about your obligations as well as your rights under the laws to help avoid costly legal issues.

If you own or manage any kind of property in the Los Angeles area, you know that California has some of the strongest accessibility regulations in the country. That includes residential properties available to rent. Of course, there are federal regulations as well. These include the Americans with Disabilities Act (ADA), which became law in 1990 as well as the Fair Housing Act of 1968 and the Rehabilitation Act of 1973 California’s Fair Employment and Housing Act (FEHA) also details accessibility regulations. What if you are simply renting out a home that you bought as an investment property or a condo that you no longer use? If, like many properties in the area, it was built in the early part of the 20th century (or even a little later), it may not have the accessible features like step-free entrances or wide doorways that some people need. All disabilities don’t involve mobility. Maybe you have a potential deaf renter who needs a special doorbell that alerts them when someone is at the door. WHO IS RESPONSIBLE FOR PAYING FOR THE MODIFICATIONS? This is where the regulations around reasonable modifications come in. Renters have a right to make reasonable modifications to the property or request that the landlord make them. It’s important to know when you as a landlord are required to pay for these modifications and when the renter can be required to do so (as well as footing the bill for removing them when they move out). Typically, if a requested modification brings the property into ADA compliance, the property owner must pay for it. If it’s not required under the law, but a tenant needs it to be able to live there, they would need to show that they can pay for it (and its removal). It’s important to remember that anyone can become disabled at any point in their lives. A renter who was in perfect physical condition when they moved in could be in a devastating car crash that makes their home uninhabitable for them without modifications. This is just a brief look at what L.A. property owners and managers need to know when a potential or current renter requests accessibility modifications. It’s wise to learn more about your obligations as well as your rights under the laws to help avoid costly legal issues.

As a commercial real estate professional in Los Angeles, it can be hard to keep up with the ever-evolving landscape of local tax policies. Measure ULA has been garnering much attention from the industry recently, and for a good reason — it could have serious implications for the future of commercial real estate in LA. What does this new policy mean for existing businesses, potential investors and real estate developers? THE “MANSION TAX” In November 2022, Los Angeles voters approved Measure ULA, a new transfer tax on all property sales over $5 million in the city. The measure is commonly known as the “Mansion Tax” and would impose a 4% tax on the sale or transfer of properties with a value of more than $5 million. Properties valued at more than $10 million would have an additional 5.5% tax on their sale or transfer. Lawmakers expect to raise between $600 million to $1.5 billion annually. However, this has sparked some blowback from commercial real estate owners concerned about its impact on their businesses. For commercial real estate owners, Measure ULA could mean an increase in taxes that could affect their bottom line. Additionally, any funded projects of 40 units or more must be bound by a project labor agreement requiring nearly 100% union labor which could add additional costs to construction projects. Furthermore, they argue that the measure is illegal because it is a real estate transfer tax for a particular purpose, meaning the money can be used only for that purpose and not for other city services. While Measure ULA has been designed to help reduce homelessness and provide housing solutions in Los Angeles, it may also impact commercial real estate owners. It is vital for those affected by this measure to understand how it will affect them so they can make informed decisions about their businesses going forward.

As a commercial real estate professional in Los Angeles, it can be hard to keep up with the ever-evolving landscape of local tax policies. Measure ULA has been garnering much attention from the industry recently, and for a good reason — it could have serious implications for the future of commercial real estate in LA. What does this new policy mean for existing businesses, potential investors and real estate developers? THE “MANSION TAX” In November 2022, Los Angeles voters approved Measure ULA, a new transfer tax on all property sales over $5 million in the city. The measure is commonly known as the “Mansion Tax” and would impose a 4% tax on the sale or transfer of properties with a value of more than $5 million. Properties valued at more than $10 million would have an additional 5.5% tax on their sale or transfer. Lawmakers expect to raise between $600 million to $1.5 billion annually. However, this has sparked some blowback from commercial real estate owners concerned about its impact on their businesses. For commercial real estate owners, Measure ULA could mean an increase in taxes that could affect their bottom line. Additionally, any funded projects of 40 units or more must be bound by a project labor agreement requiring nearly 100% union labor which could add additional costs to construction projects. Furthermore, they argue that the measure is illegal because it is a real estate transfer tax for a particular purpose, meaning the money can be used only for that purpose and not for other city services. While Measure ULA has been designed to help reduce homelessness and provide housing solutions in Los Angeles, it may also impact commercial real estate owners. It is vital for those affected by this measure to understand how it will affect them so they can make informed decisions about their businesses going forward.