Monday, December 24, 2012

Alameda County Superior Court, Oaklans, CA

Untitled by TulipFleurs
Untitled, a photo by TulipFleurs on Flickr.

Oakland, CA Happy Holidays from Real Estate Mediation Services.

Monday, November 19, 2012

Arbitrator Training Jim Hildreth

Arbitrator Training by JimHildreth
Arbitrator Training, a photo by JimHildreth on Flickr.

Completion of Arbitration Training at The San Francisco Bar Association November 2012

Wednesday, October 24, 2012

I had the opportunity to work with Jim Hildreth on one of my Real Estate transactions recently in Copperopolis, CA. This transaction required Mediation Services. Mr. Hildreth was the Mediator. He followed through with every detail and the transaction closed escrow in a timely manner. 

Friday, October 12, 2012

California Landlord Tenant Dispute

As a mediator I was assigned a mediation between Landlord and Tenant, over a dispute involving the security deposit.  The landlord had taken a larger amount of the security deposit and the case ended up in court.

Legal disputes between landlords and tenants have gained a reputation for being almost and strained and emotional as divorce court.

Many disputes are unnecessary and could be avoided.

In this case, Landlord had used a property manager, and no move in or move out inspections were completed.

In the mediation it was apparent communications between all parties had broken down, including the property manager.

Questions about worn carpet, a room with no heat, a room that had been painted for a baby's room, cost that were deducted filled the room in the 2.5 hour dispute.

The lesson to be learned in this heated exchange, that if the property manager had used an initial Move In Check List and had been copied to the landlord and in the end when tenant requested a Move Out Inspection, the manager should have completed this task, much of this dispute would have been avoided.

In addition it is the wise Landlord who will invest in knowledge of Rights and Responsibilities of Landlord Tenant Law in California.

It is also prudent, that tenants know their legal rights.

One good source for both Landlords ad Tenants is the Nolo Series, you can order these online, buy them at your favorite bookstore, or often find them at your local Law Library.

For the real estate community Move In and Move Out Inspections forms are available via the California Association of Realtors.

In the end the parties reached a settlement in Mediation.

Jim W Hildreth-Mediator-Referee- Arbitrator

Monday, October 1, 2012

 California Landlord News

Landlord May Dispose Abandoned Personal Property Less Than $700: Commencing January 1, 2013, the total resale value of personal property left behind by a tenant after termination of a tenancy that the landlord must sell at a public auction (rather than dispose of or retain for his or her own use), has been increased from $300 to $700, if certain procedures are followed. This law, however, also prohibits a landlord from assessing any storage cost if the tenant reclaims personal property within 2 days of vacating the premises. The statutory notices of Right to Reclaim Abandoned Property have been revised to reflect these changes. Furthermore, a landlord’s notices of termination of tenancy and pre-move out inspection must contain specified language that former tenants may reclaim abandoned personal property left on the premises, subject to certain conditions. Assembly Bill 2303.


Jim W Hildreth-Mediator