The Cross Law Firm's Landlord Law Blog

May 29, 2013

CARE (California Alternate Rates for Energy) Issues New Income Qualification Levels

Landlord Attorney San DiegoThe California Alternate Rates for Energy, otherwise known as “CARE” has issued new income qualification levels as of June 1, 2013. These new income levels will be used to determine if an individual or household qualifies for discounted electric and gas rates.

To be eligible for the CARE discount, individuals or households must have gross income below the income stated on the CARE chart. These CARE income levels should be communicated to residents and the applicable prevailing residential gas and electric rate schedule as published by the serving utility shall be posted in a conspicuous place in the Community.

The revised income levels are as follows per number of individuals in the household:

     1 person                                $22,980
     2 persons                              $31,020
     3 persons                              $39,060
     4 persons                              $47,100
     5 persons                              $55,140
     6 persons                              $63,180
     7 persons                                     $71,220
     8 persons                              $79,260
     Each additional person             $8,040

If you have any specific questions about the new CARE levels and how to notify your community, please contact our Landlord Attorney in San Diego today.


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December 24, 2010

Landlords, Know the Towing Regulations

Towing

Image via Wikipedia

The towing requirements for landlords and mobilehome community owners can be confusing. In this blog series I will summarize the most important aspects of the towing law as it relates to landlords, with some special items related to mobilehome community owners.

Mobilehome Residency Law -Civil Code Section 798.28.5 (applying only to mobilehome communities):

The MRL allows community owners to remove a vehicle other than a mobilehome from the community if there are signs displayed at each entrance to the community.

The signs must meet the following requirements:

1.    They must be in plain view located at all the entrances and exits to the community;
2.    The signs must be at least 17 by 22 inches and one inch lettering in height;
3.    All signs must state that public parking is prohibited and that vehicles will be removed at owner’s expense;
4.    All signs must state the telephone number of the local traffic law enforcement agency;
5.    All signs must state the name and telephone number of each towing company that the owner has a written authorization agreement with
6.    All signs must state that a citation may be issued for the violation.

Please check and make sure you have these signs at each entrance and exit, they are in plain view and the signs have all of the information stated above.

* For specific inquiries regarding towing regulations, visit my California Landlord Services page.

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December 3, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Conclusion)

This is the conclusion of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

As you can see, this is just a short summary of the many differences between owner-occupied tenancies governed by the 2011 Mobilehome Residency Law (MRL) and community-owned rentals governed by general landlord-tenant law. Community owners need to be aware of these laws in order to avoid the common pitfalls and mistakes typically made in enforcing these tenancies.

Therefore, as previously mentioned, it is recommended that you consult your attorney prior to proceeding with any action against a resident of a community-owned manufactured home rental if you are not readily familiar with the general landlord-tenant laws.

Enhanced by Zemanta* For specific inquiries regarding renting out community-owned manufactured homes and complying with the landlord tenant law, you’re welcome to visit my San Diego Real Estate legal services page.

November 17, 2010

The Security Deposit

John Muir on the California commemorative quar...

Image via Wikipedia

This is part 10 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

The security deposit retention is very different between a owner-occupied tenancy and a community-owned rental. In an owner-occupied tenancy, the management must give back the full deposit when requested by a homeowner who has timely paid the rent for 12 consecutive months.

In a community-owned rental, the security deposit typically need not be returned until the tenant vacates the premises; however, there are several additional protections given to tenants of community-owned rentals. For example, within a reasonable time after notification by either party of the termination of the tenancy, the community owner is required to provide the resident with a written notice that the resident has the right to do an inspection of the premises with the landlord to notify the resident prior to move-out of the deficiencies in the premises caused by the resident. The landlord must provide the resident with an itemized list of potential deductions from the security deposit and give resident an opportunity to cure these deficiencies prior to move-out.

The security deposit must be returned within three weeks of the tenant vacating the premises or damages may incur against the landlord. The landlord must:

  1. Deliver to the resident by mail an itemized statement, including expense receipts, of the amount and basis for retaining the security deposit
  2. Return any unused portion of the security to the resident.

* For specific inquiries regarding a security deposit or other legal matter that you may have, you’re welcome to visit my California Mobilehome-RV Park Owner’s legal services page.

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October 21, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 9)

Interior of a modern single wide manufactured home
Image via Wikipedia

This is part 9 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Entry

Under the MRL, the community owner has no right to enter the homeowner’s manufactured home without prior written consent from the homeowner, unless it is an emergency. In a community-owned rental, the community owner has the right to enter the manufactured home after giving the tenant at least a 24-hour written notice, and may enter for one of the following reasons:

  1. Make necessary or agreed-upon repairs
  2. Supply necessary or agreed-upon services
  3. Show the home to a potential purchaser or tenant
  4. For an emergency.

* For specific inquiries regarding a filing a 24-hour written notice or other legal matters that you may have, you’re welcome to visit my California Mobilehome-RV Park Owner’s legal services page.

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October 15, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 8)

Modern Transportable House
Image via Wikipedia

This is part 8 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

Violation of Rules/Lease

Notices for a violation of rules and/or lease covenants are also different between owner-occupied tenancies and community-owned rentals. In an owner-occupied manufactured home, management must give the resident homeowner at least one 7-day notice of a rule violation and then a 60-day notice to terminate tenancy for the rule violation.

In a community-owned rental, if the tenant has violated a covenant in the lease, the community owner need only to provide the tenant with a 3-day notice to perform Covenants or Quit (if the violation can be cured) or a 3-day Notice to Quit (if the violation cannot be cured). An unlawful detainer action can be filed immediately after the 3 days are up if the violation is not cured and the tenant remains in possession.

* For specific inquiries regarding a filing a notice or other legal matters that you may have, you’re welcome to visit my California Mobilehome-RV Park Owner’s legal services page.

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July 21, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 3)

This is part 3 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

This blog series is intended to briefly address some differences between the typical owner-occupied manufactured home tenancies governed under the MRL and the community-owned rental tenancies governed by general landlord-tenant law. Please note that this is just a summary of some of the most common differences. Owners should consult their attorneys to ensure that they have all of the proper procedures and documents in place for both situations.

* For specific inquiries regarding a mobilehome law matter that you may have, you’re welcome to visit my California Manufactured Housing Community Owners legal services page.

June 23, 2010

Renting Out Community-Owned Manufactured Homes and Complying with The Landlord Tenant Law (Part 1)

This is part 1 of my blog series about renting out community-owned manufactured homes and complying with the landlord tenant law.

In today’s economic recession, many community owners are experiencing a larger than usual accrual of community-owned manufactured homes.  This situation is due primarily to resident homeowners abandoning their manufactured homes to the community, community owners obtaining manufactured homes through warehouseman’s lien sales, or by community owners purchasing manufactured homes from distressed homeowners who are failing to pay the rent.  In any event, the community owner is left with a larger than usual inventory of community-owned, vacant manufactured homes (hereinafter referred to as “community-owned homes”).  These homes are difficult to sell in today’s market, and community owners lose space rent every month the community-owned home does not sell.  Many community owners are finding it is economically feasible to fix up the manufactured homes and rent them to non-homeowner residents (hereinafter referred to as “community-owned rentals”).

* For specific inquiries regarding a mobilehome law matter that you may have, you’re welcome to visit my California Manufactured Housing Community Owners legal services page.

June 2, 2010

The Red Flags Rule

As of June 1, 2010, mobilehome park owners, landlords and property management companies who use consumer reports in their daily operations (i.e. to screen applicants), are required to create and implement reasonable policies and procedures to identify and assist in combating Identity Theft. The policy must include reasonable steps to be taken if the user of a consumer report receives a Notice of Address Discrepancy (“Notice”) from a consumer reporting agency. This Notice alerts the user that there is an inconsistency between the information obtained from the consumer/applicant and the information on the credit report.

This new law, called the “Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003” does not specifically state the steps the community’s policy must include, but some examples of recommended policies are 1. to ask the consumer to explain the inconsistency in the report or to produce further documentation to verify if the information is consistent with the credit report information and 2. compare documents such as notices of change of address or other third-party sources.  It is highly recommended that the community’s policy be in writing and include a requirement that all Notices received and all steps taken in compliance with the policy be documented. Make sure the community’s employees/managers understand and are familiar with the policy.

* If you would like assistance in creating your policy, you’re welcome to visit my California Manufactured Housing Community Owners legal services page.

May 27, 2010

Conclusion of Threatening and Violent Tenants Blog Series

This is the conclusion of my blog series about dealing with threatening and violent residents.

As employers, manufactured housing community and other property owners need to ensure that employees are being placed in a safe work environment and that all reasonable steps are taken to minimize and avoid known or foreseeable risks of violent and abusive residents. By taking these appropriate steps, employers not only reduce their potential liability, they help ensure the employees are placed in a less-stressful, safer environment.

* For specific inquiries regarding a threatening/violent tenant you may have, you’re welcome to visit my San Diego Landlord Lawyer legal services page.

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