Landlord-Tenant Solutions in California (Revised Edition) - Hardcover

Steven Adair MacDonald

Hardcover

ISBN 10: 0997129808 ISBN 13: 9780997129809

Publisher: Investment Publishing House, 2016

Synopsis

Landlord-Tenant Solutions in California is the landlord's guidebook on the best approaches to managing rental property. Learn how to avoid the typical obstacles that landlords face, how to resolve disputes in the most peaceful manner and how to save money on litigation.

About this title

About the Author

Steven Adair MacDonald, a real estate attorney, has handled more than 5,000 cases, representing both landlords and tenants. In addition to managing his San Francisco law firm, Mr. MacDonald has published 30 articles, served regularly as a pro tem judge, and lectured for both the State Bar of California and Bar Association of an Francisco. He served as the Co-Chair of the Landlord-Tenant Subsection of the State Bar and the Vice Chair of the Real Property Section. He is married and the extremely proud father of three children

Excerpt. © Reprinted by permission. All rights reserved.

From the Introduction: Many people in America have discovered the pleasures and rewards of moving toward their financial goals by purchasing and managing income property. Entrepreneurial consultants list rental real estate as one of the ten best investments you can make. Financial planners show that ninety percent of financially independent people have become so through real estate. Whether or not you are already financially secure or determined to become so, chances are that if you are reading this book, you have discovered the benefits of rental property as a means to achieve financial success. The last thing you want is to have your investment threatened by destructive tenants or troublesome rental situations. To overcome such threats as you may be facing now, or to prevent them before they occur, many rental property owners turn to self-help legal books such as this one.

The market in self-help legal books is filled with advice for people on one side or the other of a broad range of disputes, showing them how to gain the advantage over their adversaries. The section of the market dealing with landlord-tenant issues is no exception. Like other books addressing rental property issues, Landlord-Tenant Solutions in California speaks to readers who are grappling with issues from the landlord's or rental property owner's perspective. This book provides sound recommendations about how to handle some of the most troubling and the most common problems that a rental property owner can face: disruptive and destructive tenants, lease violations, nonpayment of rent, courtroom scenarios, and more. This book, however, is different from most of its kind in several important ways:

First, I am the only author of such a book who actually litigates in the courtroom trenches of San Francisco and throughout California, and who takes over situations when they have become severe. I handle these difficult cases in one of three possible ways. -- by going to trial, -- by dealing with technical challenges in court in which one side or the other is dismissed, or -- by reaching a court-approved settlement resolving all disputes between the parties.

Second, unlike many landlord and tenant manuals, this book is not intended to be a comprehensive how-to guide for landlords. Rather, it is a companion, a reader, for owners who are trying to avoid typical problems discussed here.

The third and most unique virtue of this book is that it demonstrates attitudes of understanding and compassion for tenants, and it suggests peaceful resolutions whenever possible. My commitment is to share with you the concrete personal, legal, and financial benefits of finding solutions to your problems based on a foundation of respect for the tenants with whom you may be struggling. This book captures the essential spirit of how I counsel owners who come to my office when situations have become severe while saving them many thousands of dollars through a creative and fair approach.

However, it is often difficult to show respect when faced with a threat to something as important to you as your rental property investment. It is natural to respond with anger and defensiveness, viewing the other person in a hostile manner. In the heat of conflict, he or she may appear to be intentionally out to harm you, and you may find yourself wanting to react aggressively to protect yourself. While all these reactions are understandable, acting on them is not in your best interest. There are better ways to handle such situations, including learning to prevent them from occurring in the first place.

Take, for example, a situation in which new tenants agree to a handsome monthly rental amount, move into a recently vacated unit on very short notice, and then are repeatedly behind in paying their rent. You may feel that the tenants are intentionally cheating you and thus may want to react by evicting them as quickly as possible, to avoid losing any more time or money. As a result of what feels like their hostile act of withholding rent, you may wish to respond in kind by threatening to eject them to save the time and expense of a judicial process. Although this may seem like the quickest way to protect your investment, it is actually dangerous and potentially harmful: --On the personal level, the emotional distress which is produced from reacting out of anger as well as the danger of inciting tenants to physical aggression can be dangerous to one's health. --On the legal level, "self-help" actions--i.e., the shortcuts taken by landlords to evict tenants--are strictly illegal in California. They can subject the income property owner to huge damage awards and negative publicity. --On the financial level, since insurance companies are not legally able to defend intentional wrongful acts, you may find yourself unprotected from tremendous monetary losses. Thus, you may have to pay the judgment yourself or have your property sold to satisfy it.

How else might one handle this situation? For one thing, a thorough screening of tenants, as pointed out in Chapter 1, might prevent the situation altogether. The proper legal remedies are described throughout the book, particularly in Chapters 17, 22-24, and 30.

In this book, I give sound legal guidance and suggestions for a peaceful, respectful, and compassionate approach that I have found results in the greatest success for both the short term and the long run. However, since landlord-tenant litigation is a very fluid area of the law, make sure you consult with an attorney before pursuing any legal action.

Edition details

• Publisher: Investment Publishing House
• Publication date: 2016
• ISBN 10: 0997129808
• ISBN 13: 9780997129809
• Binding: Hardcover
• Language: English
• Number of pages: 204