Brownstein Hyatt Farber Schreck’s Post

Assembly Bill 12: Security Deposits Effective July 1st 2024, this new California bill changes the requirements for landlords receiving security deposits. Landlords will no longer be allowed to request a security deposit over the first month's rent. This bill sets out to make housing more accessible in California. However, that's not the only issue this bill addresses. AB 12 also provides protection to landlords. Through this bill, landlords keep the right to seek damages from tenants that exceed the security deposit amount. https://lnkd.in/g9FdcXqu #construction #propertymanagement #property #landlord #tenant #apartment #apartmentupdate #california #californialaw #realestate #rental #housing

We can help you develop an effective plan.

🏡 Buying property in BC? 🏡 Here is a closer look at some title issues that could hinder your ability to clear title when it comes to possession: Unresolved Liens: These are legal claims against the property due to unpaid debts or obligations. They can include unpaid taxes, contractor bills, or court judgments. Unresolved liens create clouds on the title, making it challenging to establish clear ownership and transfer the property. Easements & Rights-of-Way: Easements grant others the right to use a portion of your property for specific purposes, such as utility access or shared driveways. Rights-of-way provide passage through your property. Certain agreements can limit your property rights and may affect your ability to clear title. Restrictive Covenants: These are agreements that impose certain restrictions or obligations on how you can use the property. They may include zoning restrictions, building regulations, or architectural guidelines. Failure to comply with restrictive covenants can hinder title clearance. Encroachments: Encroachments occur when structures, such as fences or buildings, extend onto neighboring properties. They can lead to disputes with neighbors and complicate the process of clearing titles. Resolving encroachments is essential for establishing clear boundaries and ownership rights. Addressing these title issues promptly is crucial for ensuring a smooth property transaction and establishing clear ownership rights. Have any questions? Let’s chat! #PropertyTitleExplained #RealEstateInsights #BCRealEstate #HomeBuyingTips #TitleInsurance #MortgageCharges #PropertyOwnership #RealEstateEducation #HomeOwnershipJourney #NavigatingPropertyTitles #Vancouver #VancouverRealEstate #BuyandSellRealEstate #EngelVolkers #EVVancouver #EVAmericas #ResidentExperts

California Law Limiting Security Deposits Goes into Effect July 1 The Bill, which was signed last October, says regardless of whether the residential property is unfurnished or furnished, only one month’s rent can be charged in addition to any rent for the first month paid on or before initial occupancy. Small landlords are exempt According to bill author Assemblymember Matt Haney’s (D-San Francisco), 53% of California renters indicate that they are able to afford their rent but they’re unable to get an apartment because they simply can’t afford to pay the two month’s rent as a security deposit. Small landlords that own only 2 properties with a total of no more than 4 units will be exempt – they can charge up to 2 month’s rent, unless the tenant is a service member. Existing rental agreements will not be affected by the new law

A common question we receive is "do our built to rent communities qualify as multi-family housing for Florida Statute 768.0706?" For the Statute Multifamily residential property means a residential building, or group of residential buildings, such as apartments, townhouses, or condominiums, consisting of at least five dwelling units on a particular parcel, and a parcel means real property for which a distinct parcel identification number is assigned to the property by the property appraiser for the county in which the property is located. If your property meets both requirements, you can get a presumption against liability in security negligence cases. But only if you implement the requirements in the Statute. #hb837 #premisesliability #propertymanagement

Whilst unadopted and private roads can offer benefits to landowners in terms of privacy and security, there’s also liabilities which you might face if your local council decides to adopt an unadopted road adjoining their land. Charlotte Brackley explains what an unadopted road is and runs through the different scenarios. https://hubs.ly/Q025rJRl0 #RuralLaw #UnadoptedRoad #LocalCouncil

CHANGE TO SECURITY DEPOSITS Assembly Bill AB12 became effective on July 1, 2024. It changes the maximum amount that landlords can demand when renting residential property. Below is a short summary of the bill. I recommend all Real Estaters read the California Civil Code 1950.5. This section will present you with all the information about security deposits. Way more than you want to know. Just a couple tidbits, 1. No provision may say any security is "non-refundable". 2. Have a claim, go to small claims court if your claim is "small". 3. Damage must be in excess of "ordinary wear and tear". 4. Cleaning costs can be claimed to return the property to the "same level of cleanliness it was at the inception of the tenancy". 5. This law does not prohibit an advance payment of not less than six months rent if the term of the lease is six months or longer. 6. Happy reading. And for many more tidbits go to https://lnkd.in/g6RS4x5d

The city of Concord, California, has recently approved a new rent control ordinance that will take effect on April 4th, 2024. This ordinance will apply to almost half of the rental housing in the city, specifically buildings with two or more units built before February 1, 1995. Under this ordinance, rent increases will be limited to 3% annually or 60% of CPI, whichever is lower. It is important to note that single-family homes and condos will not be subject to rent regulations but will still have just-cause eviction protections. On the other hand, multi-family buildings constructed after February 1, 1995, will not be subject to local rent control but will have just-cause protections. However, they may still be subject to the statewide rules of AB-1482. Learn more at https://lnkd.in/gZWxMVU4 #APMS #AdvantagePropertyManagementServices #RentControl #ConcordCA #Landlords #RentalHousing #TenantRights #RentRegulations #JustCauseEviction #BayAreaRentals #PropertyOwners

The primary functions of the Tenancy Deposit Scheme encompass safeguarding tenants' deposits and facilitating the resolution of deposit-related disputes. Since the 6th of April 2007, landlords have been legally obligated to protect the deposits of tenants under assured shorthold tenancies or occupation contracts. Compliance with this requirement involves utilizing a government-approved scheme, such as TDS, to ensure the security of a tenant's deposit. Additionally, landlords must inform tenants about the specific location and management of the deposit. Failure to properly protect the deposit within an authorized scheme may lead to legal action. The tenant (or the deposit payer) has the right to take the landlord or agent to court. In such cases, the court may mandate the landlord or agent to safeguard or return the security deposit. Moreover, the court may order compensation for the tenant, ranging from one to three times the deposit amount. It's important to note that a landlord who neglects to appropriately protect a deposit is prohibited from serving a notice to terminate the tenancy and regain possession under Section 21 of the Housing Act 1988. Only after the deposit has been returned, or any legal proceedings regarding the deposit have concluded, can the landlord issue a "section 21 notification." contact us on 07301219706 or [email protected] #realestateagent #propertydevelopment #propertymanagement #landlordlife #landlordsuk #landlordtips #landlordtenant #residentialproperty #residentialsales #lettingagents #lettings #lettingsagency #mortgagebroker #conveyancing