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Kimball, Tirey & St. John LLP. KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. LearnMore.
VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door. SATELLITE DISHES FOR RESIDENTIAL LANDLORDS December 2019 FCC regulations limit a landlord’s ability to restrict residential tenants from installing certain types of satellite dishes (and video antenna) inside rental units. Landlords who want to include enforceable provisions in their lease regarding satellite dishes (and video antenna) can use the following: Satellite Dishes and Antenna. Landlord will permit Resident toWENDY ST. JOHN
Wendy St. John has practiced law with Kimball, Tirey & St. John LLP since 1983 and has been a Senior Partner at KTS since 1990. She specializes in litigation, and has tried thousands of cases. Her litigation experience also includes arbitration, mediation, and jury trials. She has expertise in evictions after foreclosure, commercialevictions and
HOW DOES A FIRE AFFECT A TENANCY? Robert Thorn, Esq. and Jamie Sternberg, Esq. Reviewed December 2008 Property owners and managers frequently call Kimball, Tirey & St. John for advice regarding their rights and obligations after a rental property fire. Do you know what to do after a fire? 1. Document and investigate the damage. Because the landlord, tenant and any insurancecarriers’
ELECTRIC VEHICLE CHARGING STATIONS FOR CALIFORNIA Jamie Sternberg, Esq. Updated October, 2019 California law provides a framework for California tenants to request permission from their landlords to install electric vehicle charging stations. Those laws are found at Civil Code §1947.6 (residential tenancies) and Civil Code §1952.7 (commercial tenancies). Laws regarding electric vehicle charging stations in homeowner’s associations are PROPERTY MANAGEMENT COMPANY LICENSING IN CALIFORNIA Jamie Sternberg, Esq. Updated June 2020 Property management companies must comply with the California Business and Professions Code (B & P) and California Bureau of Real Estate (BRE) regulations. The following is a summary of some of the significant licensing laws affecting California property managers. License Requirement. Generally a real estate license is necessary to ABANDONED PERSONAL PROPERTY LEFT BY A FORMER COMMERCIAL Robert Thorn, Esq. Updated November 2018 Sometimes commercial tenants leave personal property behind when they vacate. To avoid potential claims that the landlord wrongfully disposed of the abandoned personal property, commercial landlords should follow the steps described in California Civil Code §1993 et. seq.. The process described in California Civil Code §1993 et. seq. is not HOW TO CHANGE THE TERMS OF A CALIFORNIA RESIDENTIAL Updated March 2020 A landlord’s ability to change the terms of a tenancy depends on the tenant’s cooperation level, tenancy type, the terms of the tenant’s lease or rental agreement, and the nature of the change. Month to Month Tenants.Generally, a landlord can change a the terms of a month-to- month tenancy by giving a written 30 day notice of change of terms of tenancy. WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person HOME - KIMBALL TIREY & ST. JOHN LLPEDUCATIONRESOURCESABOUTPRACTICEAREASATTORNEYSSHOP
Kimball, Tirey & St. John LLP. KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. LearnMore.
VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door. SATELLITE DISHES FOR RESIDENTIAL LANDLORDS December 2019 FCC regulations limit a landlord’s ability to restrict residential tenants from installing certain types of satellite dishes (and video antenna) inside rental units. Landlords who want to include enforceable provisions in their lease regarding satellite dishes (and video antenna) can use the following: Satellite Dishes and Antenna. Landlord will permit Resident toWENDY ST. JOHN
Wendy St. John has practiced law with Kimball, Tirey & St. John LLP since 1983 and has been a Senior Partner at KTS since 1990. She specializes in litigation, and has tried thousands of cases. Her litigation experience also includes arbitration, mediation, and jury trials. She has expertise in evictions after foreclosure, commercialevictions and
HOW DOES A FIRE AFFECT A TENANCY? Robert Thorn, Esq. and Jamie Sternberg, Esq. Reviewed December 2008 Property owners and managers frequently call Kimball, Tirey & St. John for advice regarding their rights and obligations after a rental property fire. Do you know what to do after a fire? 1. Document and investigate the damage. Because the landlord, tenant and any insurancecarriers’
ELECTRIC VEHICLE CHARGING STATIONS FOR CALIFORNIA Jamie Sternberg, Esq. Updated October, 2019 California law provides a framework for California tenants to request permission from their landlords to install electric vehicle charging stations. Those laws are found at Civil Code §1947.6 (residential tenancies) and Civil Code §1952.7 (commercial tenancies). Laws regarding electric vehicle charging stations in homeowner’s associations are PROPERTY MANAGEMENT COMPANY LICENSING IN CALIFORNIA Jamie Sternberg, Esq. Updated June 2020 Property management companies must comply with the California Business and Professions Code (B & P) and California Bureau of Real Estate (BRE) regulations. The following is a summary of some of the significant licensing laws affecting California property managers. License Requirement. Generally a real estate license is necessary to ABANDONED PERSONAL PROPERTY LEFT BY A FORMER COMMERCIAL Robert Thorn, Esq. Updated November 2018 Sometimes commercial tenants leave personal property behind when they vacate. To avoid potential claims that the landlord wrongfully disposed of the abandoned personal property, commercial landlords should follow the steps described in California Civil Code §1993 et. seq.. The process described in California Civil Code §1993 et. seq. is not HOW TO CHANGE THE TERMS OF A CALIFORNIA RESIDENTIAL Updated March 2020 A landlord’s ability to change the terms of a tenancy depends on the tenant’s cooperation level, tenancy type, the terms of the tenant’s lease or rental agreement, and the nature of the change. Month to Month Tenants.Generally, a landlord can change a the terms of a month-to- month tenancy by giving a written 30 day notice of change of terms of tenancy. WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person HOME - KIMBALL TIREY & ST. JOHN LLP Kimball, Tirey & St. John LLP. KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. LearnMore.
ABANDONED PERSONAL PROPERTY Jamie Sternberg, Esq. Revised January 2015 Tenants frequently leave personal property behind when they move out. It may be as simple as a box of trash or as complex as a house full of belongings. California law establishes a specific procedure for landlords to follow to avoid liability in connection with abandoned personal property. PROPERTY CO-OWNERSHIP DISPUTES Jamie Sternberg, Esq. and Taylor Bauman, Esq. Revised October, 2013 When property is owned by more than one owner, and the owners disagree, how is the parties’ dispute resolved? Disputes between co-owners may involve any of the following issues (or others): • One owner has sole possession of the property but refuses to pay COLLECTING FROM UNCOOPERATIVE FORMER TENANTS Patrick O’Laughlin, Esq. November 2017 Collecting from an uncooperative tenant is difficult even when you are as persistent and persuasive as possible. The task becomes even more difficult once the tenant is gone since the tenant’s incentive to remain in the property no longer exists. This is particularly true when the tenantis unconcerned
MAY 2021 LANDLORD/TENANT QUESTIONS & ANSWERS Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit. However, some rent control ordinances and/or other local ordinances do require interest to be paid. 4. Question: There is a very loud tenant in the apartment building across the alley from our rental.WENDY ST. JOHN
Wendy St. John has practiced law with Kimball, Tirey & St. John LLP since 1983 and has been a Senior Partner at KTS since 1990. She specializes in litigation, and has tried thousands of cases. Her litigation experience also includes arbitration, mediation, and jury trials. She has expertise in evictions after foreclosure, commercialevictions and
PREJUDGMENT CLAIMS: WHAT ARE THEY AND WHEN SHOULD THEY BE A prejudgment claim of right of possession form alerts all unnamed occupants of the property that an eviction action has been filed, and that they have the right to be heard and to defend against the eviction. An unnamed occupant who wants to fight the eviction must complete the prejudgment claim form and file it with the court. TOWING: REMOVING UNAUTHORIZED VEHICLES FROM PRIVATE Ted Kimball, Esq. Revised January 2013 Unauthorized and abandoned vehicles parked on private property are a common problem for property owners and their agents. California Vehicle Code §22658 authorizes property owners and managers to remove unauthorized or abandoned vehicles from private property if specific conditions exist and certain procedures are followed. A property owner or WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person DIRECT THREAT VS. REASONABLE ACCOMMODATION Under both federal and state fair housing laws, housing providers must make reasonable accommodations for disabled persons when an accommodation is necessary to afford a disabled person full and equal use and enjoyment of the rental property. However, there is an exemption to coverage under fair housing laws known as the “directthreat
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Kimball, Tirey & St. John LLP. KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. LearnMore.
SATELLITE DISHES FOR RESIDENTIAL LANDLORDS December 2019 FCC regulations limit a landlord’s ability to restrict residential tenants from installing certain types of satellite dishes (and video antenna) inside rental units. Landlords who want to include enforceable provisions in their lease regarding satellite dishes (and video antenna) can use the following: Satellite Dishes and Antenna. Landlord will permit Resident to VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door. APP FOR KTS ONLINE TRAINING COURSE App for KTS Online Training Course. KTS offers an online course “Fair Housing Fundamentals.”. This 3 hour course, covering both California and federal fair housing laws, is a must for new employees and a great update for all team members. Learners can now take this course on the go, anytime, anywhere with the LearnUpon app. MAY 2021 LANDLORD/TENANT QUESTIONS & ANSWERS Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit. However, some rent control ordinances and/or other local ordinances do require interest to be paid. 4. Question: There is a very loud tenant in the apartment building across the alley from our rental.CHARLES SCOTT
Charles Scott was a Partner with Barwick, Rutherford & Scott until late 2001, when Mr. Scott merged his practice with Kimball, Tirey & St. John LLP. He has many decades of experience in all aspects of trust law and litigation, and has been certified for over 20 years as a specialist in Estate Planning, Trust TRANSFER ON DEATH DEEDS Kimball, Tirey & St. John LLP’s estate planning attorneys can help you identify and implement the best estate planning options – whether transfer on death deeds, living trusts, and/or other options – at an affordable price. Feel free to contact us with any questions at (800) 574-5587. Kimball, Tirey & St. John LLP is a full servicereal
ABANDONED PERSONAL PROPERTY LEFT BY A FORMER COMMERCIAL Robert Thorn, Esq. Updated November 2018 Sometimes commercial tenants leave personal property behind when they vacate. To avoid potential claims that the landlord wrongfully disposed of the abandoned personal property, commercial landlords should follow the steps described in California Civil Code §1993 et. seq.. The process described in California Civil Code §1993 et. seq. is not DIRECT THREAT VS. REASONABLE ACCOMMODATION Under both federal and state fair housing laws, housing providers must make reasonable accommodations for disabled persons when an accommodation is necessary to afford a disabled person full and equal use and enjoyment of the rental property. However, there is an exemption to coverage under fair housing laws known as the “directthreat
THE COMMERCIAL SECURITY DEPOSIT: DO'S AND DON'TS Robert C. Thorn, Esq. July 2009 The differences between commercial and residential security deposit collection, retention and disposition are significant. Unlike the near “contracts of adhesion” residential tenancy agreement provisions connote, commercial property owners have far greater freedom to negotiate security deposit provisions. Courts and legislation consider big bad old HOME - KIMBALL TIREY & ST. JOHN LLPEDUCATIONRESOURCESABOUTPRACTICEAREASATTORNEYSSHOP
Kimball, Tirey & St. John LLP. KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. LearnMore.
SATELLITE DISHES FOR RESIDENTIAL LANDLORDS December 2019 FCC regulations limit a landlord’s ability to restrict residential tenants from installing certain types of satellite dishes (and video antenna) inside rental units. Landlords who want to include enforceable provisions in their lease regarding satellite dishes (and video antenna) can use the following: Satellite Dishes and Antenna. Landlord will permit Resident to VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door. APP FOR KTS ONLINE TRAINING COURSE App for KTS Online Training Course. KTS offers an online course “Fair Housing Fundamentals.”. This 3 hour course, covering both California and federal fair housing laws, is a must for new employees and a great update for all team members. Learners can now take this course on the go, anytime, anywhere with the LearnUpon app. MAY 2021 LANDLORD/TENANT QUESTIONS & ANSWERS Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit. However, some rent control ordinances and/or other local ordinances do require interest to be paid. 4. Question: There is a very loud tenant in the apartment building across the alley from our rental.CHARLES SCOTT
Charles Scott was a Partner with Barwick, Rutherford & Scott until late 2001, when Mr. Scott merged his practice with Kimball, Tirey & St. John LLP. He has many decades of experience in all aspects of trust law and litigation, and has been certified for over 20 years as a specialist in Estate Planning, Trust TRANSFER ON DEATH DEEDS Kimball, Tirey & St. John LLP’s estate planning attorneys can help you identify and implement the best estate planning options – whether transfer on death deeds, living trusts, and/or other options – at an affordable price. Feel free to contact us with any questions at (800) 574-5587. Kimball, Tirey & St. John LLP is a full servicereal
ABANDONED PERSONAL PROPERTY LEFT BY A FORMER COMMERCIAL Robert Thorn, Esq. Updated November 2018 Sometimes commercial tenants leave personal property behind when they vacate. To avoid potential claims that the landlord wrongfully disposed of the abandoned personal property, commercial landlords should follow the steps described in California Civil Code §1993 et. seq.. The process described in California Civil Code §1993 et. seq. is not DIRECT THREAT VS. REASONABLE ACCOMMODATION Under both federal and state fair housing laws, housing providers must make reasonable accommodations for disabled persons when an accommodation is necessary to afford a disabled person full and equal use and enjoyment of the rental property. However, there is an exemption to coverage under fair housing laws known as the “directthreat
THE COMMERCIAL SECURITY DEPOSIT: DO'S AND DON'TS Robert C. Thorn, Esq. July 2009 The differences between commercial and residential security deposit collection, retention and disposition are significant. Unlike the near “contracts of adhesion” residential tenancy agreement provisions connote, commercial property owners have far greater freedom to negotiate security deposit provisions. Courts and legislation consider big bad old HOW TO SERVE A NOTICE ON A RESIDENTIAL TENANT The tenant must be given “reasonable notice”. The law presumes twenty-four hours is reasonable. However, the law also allows a notice to enter to be served by mail. If the notice is only mailed, the law presumes that six days’ notice of intended entry is reasonable. The only exceptions are in cases of an emergency or when the tenant hasCOLLECTION DIVISION
Kimball, Tirey & St. John LLP is a law firm, not a collection agency. As such, we execute on judgment debt utilizing formal legal procedures to recover your money. Some options include bank levies, wage garnishments and drilling safety deposit boxes. The Kimball, Tirey & St. John LLP team is assertive, professional and extremely effective. PROPERTY CO-OWNERSHIP DISPUTES Jamie Sternberg, Esq. and Taylor Bauman, Esq. Revised October, 2013 When property is owned by more than one owner, and the owners disagree, how is the parties’ dispute resolved? Disputes between co-owners may involve any of the following issues (or others): • One owner has sole possession of the property but refuses to pay MAY 2021 LANDLORD/TENANT QUESTIONS & ANSWERS Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit. However, some rent control ordinances and/or other local ordinances do require interest to be paid. 4. Question: There is a very loud tenant in the apartment building across the alley from our rental. JUDICIAL COUNCIL RESCINDS RULE 1 ON SEPTEMBER 1, 2020 August 18, 2020. On August 13, 2020, the Judicial Council voted to end Emergency Rule 1 as of midnight on September 1, 2020.The Judicial Council’s circulating order modifying Emergency Rule 1 allows new evictions to be filed beginning September 2, 2020.. Emergency Rule 1 was originally adopted on April 6, 2020. It prohibits courts throughout the state (until September 2, 2020) from issuing a THE HOMELESS AND CALIFORNIA PROPERTY OWNERS Jamie Sternberg, Esq. January, 2019 The homeless can create issues for both residential and commercial California property owners. Loitering, camping, trash, the accumulation of personal effects, theft, vandalism, or using property facilities and amenities without authorization are some of the issues facing property owners. When the homeless are mentally ill, and their behavior is illogical,LYNN N. DOVER
Lynn Dover is the Managing Partner of the Fair Housing Practice Group at Kimball, Tirey & St. John LLP. She specializes in fair housing consultation, letters, legal opinions, lease and document reviews for fair housing compliance and training on fair housing and landlord/tenant issues. She is also an experienced trial attorney, having handled residential unlawful KIMBALL, TIREY & ST JOHN, LLP Kimball, Tirey & St John, LLP - Client Portal. Look up case status for eviction matters. To view the latest status of your Eviction case, please enter both the KTS Matter ID and the last name of one of thetenants.
WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person KIMBALL TIREY & ST. JOHN LLP JURSIDICTION Last Updated (after 9/25/2020) RES./ COMM. ORDINANCE 2nd link 3rd link 4th link START DATE END DATE RESTRICTIONS TIME IN WHICHA TENANT MUST
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KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. ABANDONED PERSONAL PROPERTY Jamie Sternberg, Esq. Revised January 2015 Tenants frequently leave personal property behind when they move out. It may be as simple as a box of trash or as complex as a house full of belongings. California law establishes a specific procedure for landlords to follow to avoid liability in connection with abandoned personal property. VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door.LIS PENDENS
Eli A. Gordon, Esq. October 2019 INTRODUCTION A notice of pendency of action, commonly referred to by the latin phrase “lis pendens”, is a written document, recorded with the county recorder, which provides constructive notice of a pending court action (i.e. a lawsuit) affecting title to, or possession of, real property. This article willprovide
WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person THE HOMELESS AND CALIFORNIA PROPERTY OWNERS Jamie Sternberg, Esq. January, 2019 The homeless can create issues for both residential and commercial California property owners. Loitering, camping, trash, the accumulation of personal effects, theft, vandalism, or using property facilities and amenities without authorization are some of the issues facing property owners. When the homeless are mentally ill, and their behavior is illogical, DIRECT THREAT VS. REASONABLE ACCOMMODATION Lynn Dover, Esq. September 2011 One of your residents, who you suspect suffers from a mental disability, has verbally threatened to harm other residents and/or on-site staff members on numerous occasions. Your residents and staff members are frightened of the resident and are demanding that you take action, so you serve the resident THE COMMERCIAL SECURITY DEPOSIT: DO'S AND DON'TS Robert C. Thorn, Esq. July 2009 The differences between commercial and residential security deposit collection, retention and disposition are significant. Unlike the near “contracts of adhesion” residential tenancy agreement provisions connote, commercial property owners have far greater freedom to negotiate security deposit provisions. Courts and legislation consider big bad old CAN UNDERAGE PEOPLE LIVE IN SENIOR HOUSING? Lynn Dover, Esq. Revised March 2011 This is one of the questions most frequently asked by clients who operate senior housing in California. As with so many questions, the answer is: it depends. The first question that needs to be asked is whether the property is a 55 and older property, or a 62 and HUD FINAL RULE: VAWA IMPLEMENTATION IN HUD HOUSING Updated November 2019 Published on November 16, 2016, and effective as of December 16, 2016, HUD’s Final Rule, 5720-F-03, updates the Code of Federal Regulations in order to implement the requirements of the Federal Violence Against Women Act (VAWA) as reauthorized in 2013. This new rule creates several specific notification and documentation requirements which will HOME - KIMBALL TIREY & ST. JOHN LLPEDUCATIONRESOURCESABOUTPRACTICEAREASATTORNEYSSHOP
KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. ABANDONED PERSONAL PROPERTY Jamie Sternberg, Esq. Revised January 2015 Tenants frequently leave personal property behind when they move out. It may be as simple as a box of trash or as complex as a house full of belongings. California law establishes a specific procedure for landlords to follow to avoid liability in connection with abandoned personal property. VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door.LIS PENDENS
Eli A. Gordon, Esq. October 2019 INTRODUCTION A notice of pendency of action, commonly referred to by the latin phrase “lis pendens”, is a written document, recorded with the county recorder, which provides constructive notice of a pending court action (i.e. a lawsuit) affecting title to, or possession of, real property. This article willprovide
WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person THE HOMELESS AND CALIFORNIA PROPERTY OWNERS Jamie Sternberg, Esq. January, 2019 The homeless can create issues for both residential and commercial California property owners. Loitering, camping, trash, the accumulation of personal effects, theft, vandalism, or using property facilities and amenities without authorization are some of the issues facing property owners. When the homeless are mentally ill, and their behavior is illogical, DIRECT THREAT VS. REASONABLE ACCOMMODATION Lynn Dover, Esq. September 2011 One of your residents, who you suspect suffers from a mental disability, has verbally threatened to harm other residents and/or on-site staff members on numerous occasions. Your residents and staff members are frightened of the resident and are demanding that you take action, so you serve the resident THE COMMERCIAL SECURITY DEPOSIT: DO'S AND DON'TS Robert C. Thorn, Esq. July 2009 The differences between commercial and residential security deposit collection, retention and disposition are significant. Unlike the near “contracts of adhesion” residential tenancy agreement provisions connote, commercial property owners have far greater freedom to negotiate security deposit provisions. Courts and legislation consider big bad old CAN UNDERAGE PEOPLE LIVE IN SENIOR HOUSING? Lynn Dover, Esq. Revised March 2011 This is one of the questions most frequently asked by clients who operate senior housing in California. As with so many questions, the answer is: it depends. The first question that needs to be asked is whether the property is a 55 and older property, or a 62 and HUD FINAL RULE: VAWA IMPLEMENTATION IN HUD HOUSING Updated November 2019 Published on November 16, 2016, and effective as of December 16, 2016, HUD’s Final Rule, 5720-F-03, updates the Code of Federal Regulations in order to implement the requirements of the Federal Violence Against Women Act (VAWA) as reauthorized in 2013. This new rule creates several specific notification and documentation requirements which will CONTACT - KIMBALL TIREY & ST. JOHN LLP Get In Touch We have offices located throughout the state of California. If you are interested in retaining our services, please contact our offices. Our Client Care Team is always available to answer questions and provide support. The material on www.kts-law.com is for general informational purposes only and is not legal advice. Anything sent to anyoneATTORNEYS ARCHIVE
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ABANDONED PERSONAL PROPERTY Jamie Sternberg, Esq. Revised January 2015 Tenants frequently leave personal property behind when they move out. It may be as simple as a box of trash or as complex as a house full of belongings. California law establishes a specific procedure for landlords to follow to avoid liability in connection with abandoned personal property. PROPERTY CO-OWNERSHIP DISPUTES Jamie Sternberg, Esq. and Taylor Bauman, Esq. Revised October, 2013 When property is owned by more than one owner, and the owners disagree, how is the parties’ dispute resolved? Disputes between co-owners may involve any of the following issues (or others): • One owner has sole possession of the property but refuses to pay SATELLITE DISHES FOR RESIDENTIAL LANDLORDS December 2019 FCC regulations limit a landlord’s ability to restrict residential tenants from installing certain types of satellite dishes (and video antenna) inside rental units. Landlords who want to include enforceable provisions in their lease regarding satellite dishes (and video antenna) can use the following: Satellite Dishes and Antenna. Landlord will permit Resident to APP FOR KTS ONLINE TRAINING COURSE KTS offers an online course “Fair Housing Fundamentals.” This 3 hour course, covering both California and federal fair housing laws, is a must for new employees and a great update for all team members. Learners can now take this course on the go, anytime, anywhere with the LearnUpon app. The app is available on the GOVERNMENT AGENCIES AND PRIVATE INDIVIDUALS RIGHTS TO Ted Kimball, Esq. , Jamie Sternberg, Esq. and Craig McMahon, Esq. Revised September 2019 Introduction Third parties may ask a property owner or manager to provide information about a tenant, or access to a tenant’s unit. For example: a police officer may request access to a unit or a copy of a tenant lease; a DISABLED PARKING REQUIREMENTS Lynn N. Dover, Esq. Revised December 2015 How do owners and managers of residential rental properties comply with all the applicable laws regarding parking for the disabled? There are federal laws, state laws and sometimes local laws which may conflict with one another, and may apply to different areas of the property or different HOW TO SERVE A NOTICE ON A RESIDENTIAL TENANT Updated October 2019 Generally, California law requires that residential tenants be served nonpayment of rent and failure to perform a condition or covenant of the lease notices by: personal service; or substituted service by delivery to someone of suitable age and discretion and mailing a second copy to the residence, normal mailthe same
ABANDONED PERSONAL PROPERTY LEFT BY A FORMER COMMERCIAL Robert Thorn, Esq. Updated November 2018 Sometimes commercial tenants leave personal property behind when they vacate. To avoid potential claims that the landlord wrongfully disposed of the abandoned personal property, commercial landlords should follow the steps described in California Civil Code §1993 et. seq.. The process described in California Civil Code §1993 et. seq. is not HOME - KIMBALL TIREY & ST. JOHN LLPEDUCATIONRESOURCESABOUTPRACTICEAREASATTORNEYSSHOP
Kimball, Tirey & St. John LLP. KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. LearnMore.
SATELLITE DISHES FOR RESIDENTIAL LANDLORDS December 2019 FCC regulations limit a landlord’s ability to restrict residential tenants from installing certain types of satellite dishes (and video antenna) inside rental units. Landlords who want to include enforceable provisions in their lease regarding satellite dishes (and video antenna) can use the following: Satellite Dishes and Antenna. Landlord will permit Resident to MAY 2021 LANDLORD/TENANT QUESTIONS & ANSWERS Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit. However, some rent control ordinances and/or other local ordinances do require interest to be paid. 4. Question: There is a very loud tenant in the apartment building across the alley from our rental. VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door. KIMBALL, TIREY & ST JOHN, LLP Kimball, Tirey & St John, LLP - Client Portal. I Would Like To: Check the status of my eviction case. Pay my invoices online. Start a new eviction case. Return to the Kimball, Tirey & St. John, LLP website. Collection clients log in here to submit a new account, view your collection reports or upload documents for an existing collectionaccount.
APP FOR KTS ONLINE TRAINING COURSE App for KTS Online Training Course. KTS offers an online course “Fair Housing Fundamentals.”. This 3 hour course, covering both California and federal fair housing laws, is a must for new employees and a great update for all team members. Learners can now take this course on the go, anytime, anywhere with the LearnUpon app. HOW DOES A FIRE AFFECT A TENANCY? Robert Thorn, Esq. and Jamie Sternberg, Esq. Reviewed December 2008 Property owners and managers frequently call Kimball, Tirey & St. John for advice regarding their rights and obligations after a rental property fire. Do you know what to do after a fire? 1. Document and investigate the damage. Because the landlord, tenant and any insurancecarriers’
CHRISTINE M. RELPH
Christine Relph counsels clients in both transactional and litigation matters. She has extensive experience representing owners, landlords, investors, financial institutions, property managers, homeowners associations, receivers and creditors in business and real estate litigation matters including breach of lease, mold disputes, boundary disputes, residential and commercial unlawful detainers KIMBALL, TIREY & ST JOHN, LLP Kimball, Tirey & St John, LLP - Client Portal. Look up case status for eviction matters. To view the latest status of your Eviction case, please enter both the KTS Matter ID and the last name of one of thetenants.
WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person HOME - KIMBALL TIREY & ST. JOHN LLPEDUCATIONRESOURCESABOUTPRACTICEAREASATTORNEYSSHOP
Kimball, Tirey & St. John LLP. KTS provides exceptional legal representation in a wide range of business and real estate matters. As a California law firm, we consistently deliver professional legal solutions to help clients achieve their business objectives. LearnMore.
SATELLITE DISHES FOR RESIDENTIAL LANDLORDS December 2019 FCC regulations limit a landlord’s ability to restrict residential tenants from installing certain types of satellite dishes (and video antenna) inside rental units. Landlords who want to include enforceable provisions in their lease regarding satellite dishes (and video antenna) can use the following: Satellite Dishes and Antenna. Landlord will permit Resident to MAY 2021 LANDLORD/TENANT QUESTIONS & ANSWERS Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit. However, some rent control ordinances and/or other local ordinances do require interest to be paid. 4. Question: There is a very loud tenant in the apartment building across the alley from our rental. VIDEO DOORBELLS FOR RESIDENTIAL LANDLORDS Jamie Sternberg, Esq. March 2019 Video doorbells are new technology creating new challenges for residential landlords. Ring, Nest and other manufacturers offer different types of video doorbells. Available features include still photographs, video, audio recording, and different types of data storage. They are installed outside a unit, typically on a wall near the front door. KIMBALL, TIREY & ST JOHN, LLP Kimball, Tirey & St John, LLP - Client Portal. I Would Like To: Check the status of my eviction case. Pay my invoices online. Start a new eviction case. Return to the Kimball, Tirey & St. John, LLP website. Collection clients log in here to submit a new account, view your collection reports or upload documents for an existing collectionaccount.
APP FOR KTS ONLINE TRAINING COURSE App for KTS Online Training Course. KTS offers an online course “Fair Housing Fundamentals.”. This 3 hour course, covering both California and federal fair housing laws, is a must for new employees and a great update for all team members. Learners can now take this course on the go, anytime, anywhere with the LearnUpon app. HOW DOES A FIRE AFFECT A TENANCY? Robert Thorn, Esq. and Jamie Sternberg, Esq. Reviewed December 2008 Property owners and managers frequently call Kimball, Tirey & St. John for advice regarding their rights and obligations after a rental property fire. Do you know what to do after a fire? 1. Document and investigate the damage. Because the landlord, tenant and any insurancecarriers’
CHRISTINE M. RELPH
Christine Relph counsels clients in both transactional and litigation matters. She has extensive experience representing owners, landlords, investors, financial institutions, property managers, homeowners associations, receivers and creditors in business and real estate litigation matters including breach of lease, mold disputes, boundary disputes, residential and commercial unlawful detainers KIMBALL, TIREY & ST JOHN, LLP Kimball, Tirey & St John, LLP - Client Portal. Look up case status for eviction matters. To view the latest status of your Eviction case, please enter both the KTS Matter ID and the last name of one of thetenants.
WHAT HAPPENS WHEN ELDERLY RESIDENTS CAN NO LONGER CARE FOR Lynn Dover, Esq. November 2008 What are a housing provider’s duties and rights when it becomes apparent that an elderly resident can no longer care for him or herself? This is a frequently asked question and, unfortunately, one that has no simple answers. Often, management becomes aware of the situation because a maintenance person CONTACT - KIMBALL TIREY & ST. JOHN LLP 9401 E. Stockton Blvd, Suite 140. Elk Grove, CA 95624. Phone: 844-586-7745. Directions. The material on www.kts-law.com is for general informational purposes only and is not legal advice. Anything sent to anyone at Kimball, Tirey & St. John LLP will not beconfidential or
COLLECTION DIVISION
Kimball, Tirey & St. John LLP is a law firm, not a collection agency. As such, we execute on judgment debt utilizing formal legal procedures to recover your money. Some options include bank levies, wage garnishments and drilling safety deposit boxes. The Kimball, Tirey & St. John LLP team is assertive, professional and extremely effective. PROPERTY CO-OWNERSHIP DISPUTES Jamie Sternberg, Esq. and Taylor Bauman, Esq. Revised October, 2013 When property is owned by more than one owner, and the owners disagree, how is the parties’ dispute resolved? Disputes between co-owners may involve any of the following issues (or others): • One owner has sole possession of the property but refuses to payLIS PENDENS
Eli A. Gordon, Esq. October 2019 INTRODUCTION A notice of pendency of action, commonly referred to by the latin phrase “lis pendens”, is a written document, recorded with the county recorder, which provides constructive notice of a pending court action (i.e. a lawsuit) affecting title to, or possession of, real property. This article willprovide
WENDY ST. JOHN
Wendy St. John has practiced law with Kimball, Tirey & St. John LLP since 1983 and has been a Senior Partner at KTS since 1990. She specializes in litigation, and has tried thousands of cases. Her litigation experience also includes arbitration, mediation, and jury trials. She has expertise in evictions after foreclosure, commercialevictions and
CHRISTOPHER S. PIRRONE Christopher S. Pirrone. Associate. 2300 Clayton Road, Suite 1350 Concord, CA 94520 800-525-1690. Contact. Christopher Pirrone is an attorney in our Concord office. Prior to joining Kimball, Tirey & St. John LLP, Mr. Pirrone was a Partner in The Law Offices of Pirrone & Pirrone, LLP. His practice areas include residential and commerciallandlord
PREJUDGMENT CLAIMS: WHAT ARE THEY AND WHEN SHOULD THEY BE A prejudgment claim of right of possession form alerts all unnamed occupants of the property that an eviction action has been filed, and that they have the right to be heard and to defend against the eviction. An unnamed occupant who wants to fight the eviction must complete the prejudgment claim form and file it with the court. HOW TO PREPARE FOR (AND WIN!) YOUR SMALL CLAIMS COURT CASE Kimball, Tirey & St. John LLP can assist you with services in any location and has offices in San Diego (619) 234-1690, Irvine (949) 476-5585, Los Angeles (213) 337-0050, and Concord (925) 469-1690. Ask the Small Claims Court Clerk to serve it for you by certified mail. THE COMMERCIAL SECURITY DEPOSIT: DO'S AND DON'TS Robert C. Thorn, Esq. July 2009 The differences between commercial and residential security deposit collection, retention and disposition are significant. Unlike the near “contracts of adhesion” residential tenancy agreement provisions connote, commercial property owners have far greater freedom to negotiate security deposit provisions. Courts and legislation consider big bad old CAN UNDERAGE PEOPLE LIVE IN SENIOR HOUSING? Lynn Dover, Esq. Revised March 2011 This is one of the questions most frequently asked by clients who operate senior housing in California. As with so many questions, the answer is: it depends. The first question that needs to be asked is whether the property is a 55 and older property, or a 62 andSkip to content
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LATEST NEWS & SEMINARS Tuesday, March 17 Articles STATUS OF COURT CLOSURES: (COVID-19) UPDATE March 17, 2020 As a valued client, we will continue to keep you apprised of court closures, moratoriums on evictions,… Tuesday, March 10 Questions & Answers MARCH 2020 LANDLORD/TENANT QUESTIONS & ANSWERS Ted Kimball, Esq. 1. Question: My tenant has some damage to the outside window to the house I rent to… Monday, March 9 Announcements APP FOR KTS ONLINE TRAINING COURSE KTS offers an online course "Fair Housing Fundamentals." This 3 hour course, covering both California and federal fair housing laws,… Kimball Tirey & St. John LLP* Education
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