Monday, December 10, 2018
Marijuana (Cannabis) Issues for the California Landlord
Does, Proposition 64 allow tenants to smoke marijuana in a rental property?
No, a lease agreement may have a "No Smoking" clause that prohibits smoking
of any substance, including tobacco and marijuana.
Proposition 64 specifically provides that landlords may prohibit
or restrict marijuana use on their property.
Jim W Hildreth Mediator
Real Estate Mediation Services
Thursday, December 6, 2018
California Landlord & Tenant Rights
12/06/2018
In California, every Landlord and Tenant have rights and responsibilities, and often we see in small claims court what goes wrong when claims are made on those Rights and Responsibilities
01. Leases and Rental Agreements
02, Security Deposits
03. Issues over maintenance & repairs.
04. 3-30-60-90- day notices.
Understanding those rights and responsibilities is key to both the Landlord and Tenant.
In hundreds of cases that I have experienced as a Mediator, these conflicts on both sides would not have occurred if the parties more fully informed about Landlord Tenant Law.
A good understanding and foundation for both the landlord and Tenant are the NOLO Series of books that are written in plain English.
Two of the books that I recommend are The California Landlord Law Book and the other California Tenant Rights,
These books can be purchased at your local bookstore, order online and are often available at your local law library.
Hint, Hint, Christmas is coming.
One dispute that comes up often is the condition of the rental unit. Damages such as torn carpet a broken appliance, window,
Before moving in complete a Move-In Inspection and when vacating a Move- Out Inspection.
Take the extra step and take photos. of your unit. Easy with a cell phone.
Often what comes up is the question is what is reasonable wear and tear?
Knowledge of deposits is a must.
My landlord advice is that you are running a business.
As a tenant, you have rights of privacy and a rental that is safe, secure and habitable. Do you have working smoke and carbon monoxide detectors? Has the landlord given you the notice about Bed Bugs?
As a Landlord, there is a duty to know the law and as a tenant, there is a duty to pay your rent and abide by your tenancy agreement.
Many California Courts us Mediation as a required first step to settle differences.
In conclusion, know your rights and responsibilities.
Be a good landlord, be a good tenant.
Jim W Hildreth is a California Real Estate Mediator and Paralegal who's. focus are issues with Real Estate.
Real Estate Mediation Services
In California, every Landlord and Tenant have rights and responsibilities, and often we see in small claims court what goes wrong when claims are made on those Rights and Responsibilities
01. Leases and Rental Agreements
02, Security Deposits
03. Issues over maintenance & repairs.
04. 3-30-60-90- day notices.
Understanding those rights and responsibilities is key to both the Landlord and Tenant.
In hundreds of cases that I have experienced as a Mediator, these conflicts on both sides would not have occurred if the parties more fully informed about Landlord Tenant Law.
A good understanding and foundation for both the landlord and Tenant are the NOLO Series of books that are written in plain English.
Two of the books that I recommend are The California Landlord Law Book and the other California Tenant Rights,
These books can be purchased at your local bookstore, order online and are often available at your local law library.
Hint, Hint, Christmas is coming.
One dispute that comes up often is the condition of the rental unit. Damages such as torn carpet a broken appliance, window,
Before moving in complete a Move-In Inspection and when vacating a Move- Out Inspection.
Take the extra step and take photos. of your unit. Easy with a cell phone.
Often what comes up is the question is what is reasonable wear and tear?
Knowledge of deposits is a must.
My landlord advice is that you are running a business.
As a tenant, you have rights of privacy and a rental that is safe, secure and habitable. Do you have working smoke and carbon monoxide detectors? Has the landlord given you the notice about Bed Bugs?
As a Landlord, there is a duty to know the law and as a tenant, there is a duty to pay your rent and abide by your tenancy agreement.
Many California Courts us Mediation as a required first step to settle differences.
In conclusion, know your rights and responsibilities.
Be a good landlord, be a good tenant.
Jim W Hildreth is a California Real Estate Mediator and Paralegal who's. focus are issues with Real Estate.
Real Estate Mediation Services
Wednesday, December 5, 2018
Don't Let The Bed Bug Bite You
There is an old saying that you may have heard.
Don't Let The Bed Bugs Bite You.
As a California Landlord, you may be interested in knowing that as a Landlord
you are required to disclose in writing, general information about Bed Bug and
along with the procedure that the tenant must follow to report suspect infestations to you.
As of July 1st, 2017 the Bed Bug disclosure was required prior to creating a new tenancy, this requirement would include single-family homes that you rent along multi-family units such as Duplex, Triplex.
Starting January 1, 2018, California Landlords were required to give the written disclosure to all your existing tenants.
Cal.Civ.Code 1954.600 et Seq.
Jim W Hildreth-Mediator Para-Legal
Real Estate Mediation Services
Sunday, November 25, 2018
Mediation Question?
As a Mediator I'm often asked if you live in Sonora, do you Mediate outside of the Gold Country?
The answer is yes, the bulk of my Mediations are in the San Francisco Bay Area and most often in Oakland.
In 2018 I have traveled to Eureka, Sacramento, San Jose, Jackson, Placerville, Vallejo and cities between.
My travel is often a plus, as a Neutral as I have no conflicts of interest.
This week I will be in Auburn and then return to Oakland
Recently I settled a dispute that had been litigated since 2011 for the City of Ione.
Yes, we will travel to your location.
Call (209) 536 1103
Using Alexa for Calls
Many of us have Alexa, many more will receive a Alexa device during the Holidays.
Mom 89 just received her 1st Amazon Dot and I will be teaching her how she can now make calls to friends in the USA free.
This same service includes Canada & Mexico.
Amazon has just announced that Alexa can link to Skype.
Yes, use your Alexa device to call family, friends.
Alexa Skype Mom.
This service includes 33 countries
This early Christmas gift is sure to please our family and global friends.
Jim W Hildreth is a Real Estate Mediator based in California and will use this technology in Online Dispute Resolution. (ODR)
Thursday, January 19, 2017
Notary Fees Increase California
January 19 2017
Notary Public Maximum Fees Effective 1/1/17 Maximum fees that can be charged by a notary public for taking a proof of deed will increase from $10 to $15. Currently, the law sets maximum fees that may be charged by a notary public for many services at $10. This new law increases the maximum permissible charge from $10 to $15 on the following services: • Taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate • Certifying a copy of a power of attorney AB 2217 codified as Government Code §8211. This law goes into effect on January 1, 2017.
Jim W Hildreth-Mediator
RealEstate Mediation Services
Notary Public Maximum Fees Effective 1/1/17 Maximum fees that can be charged by a notary public for taking a proof of deed will increase from $10 to $15. Currently, the law sets maximum fees that may be charged by a notary public for many services at $10. This new law increases the maximum permissible charge from $10 to $15 on the following services: • Taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate • Certifying a copy of a power of attorney AB 2217 codified as Government Code §8211. This law goes into effect on January 1, 2017.
Jim W Hildreth-Mediator
RealEstate Mediation Services
Saturday, January 14, 2017
New California Update Law Disclosures on Death
01/14/2017
Keeping you informed
Disclosures Death of Occupant Rule Clarified Effective 9/25/16
The existing law concerning disclosure of death of an occupant is clarified to say that the death of an occupant, or the manner of death, occurring more than three years prior to an offer to purchase is not a material fact which requires disclosure.
This law clarifies that an owner or his or her agent, or the selling agent are not required to disclose the death of an occupant upon the real property or the manner of death where it occurred more than three years prior to the offer to purchase or rent, since it is not a material fact. Previously, the law only stated that no cause of action could arise for failing to disclose such. Additionally, this law clarifies that no disclosure is required where an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications.
AB 73 codified as Civil Code § 1710.2. Urgency law to take effect September 25, 2016.
Jim W Hildreth-Mediator
Keeping you informed
Disclosures Death of Occupant Rule Clarified Effective 9/25/16
The existing law concerning disclosure of death of an occupant is clarified to say that the death of an occupant, or the manner of death, occurring more than three years prior to an offer to purchase is not a material fact which requires disclosure.
This law clarifies that an owner or his or her agent, or the selling agent are not required to disclose the death of an occupant upon the real property or the manner of death where it occurred more than three years prior to the offer to purchase or rent, since it is not a material fact. Previously, the law only stated that no cause of action could arise for failing to disclose such. Additionally, this law clarifies that no disclosure is required where an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications.
AB 73 codified as Civil Code § 1710.2. Urgency law to take effect September 25, 2016.
Jim W Hildreth-Mediator
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