"Real Estate"

February 10, 2016

Is it Legal? Listing a Property on Airbnb or VRBO in California

All too often new ideas get ahead of the law. Airbnb and VRBO are examples of just such a situation. Real estate lawyers are being inundated with calls from landlords who are receiving citations from their cities, fines from their homeowners’ association, and/or are receiving complaints from neighbors because their tenants have jumped on the Airbnb bandwagon to make some extra money. While municipal laws such as those enacted in San Francisco are emerging regarding short term rentals, the courts are starting to make rulings strictly prohibiting a tenant from making their apartment available as a short term rental. Many of you may be reading this blog because you are wondering; “Is it legal for me to list my place on Airbnb?”

In Chen v. Kraft, a California appellate court found that using an apartment as a bed and breakfast or as a transient occupancy residential structure was a violation of zoning laws. Courts and cities throughout California have addressed this issue differently. New laws are being enacted each month in different cities and counties throughout California. With all of this confusion, you should consult a real estate attorney who specializes in landlord tenant issues to find out what you can and cannot do with respect to short-term rentals.

Problems Caused By Short Stay Rentals

While it may seem like a fine idea to rent a room or your entire home out for some extra cash, problems abound when people try to circumvent many of the regulations that hotels and inns must follow. Companies such as VRBO and Airbnb do not provide legal support and often short term rentals violate local ordinances. When people list their apartments or homes, they do not pay the tourism taxes that hotels do. Most landlords do not appreciate having their residential units turned into hotels yet they have been able to use the short-term rental concept as a means of circumventing local rent control laws by taking their unit off the market for long-term housing and then offering it to visitors and tourists. Continue reading

January 2, 2013

A New Year Brings New Laws to California In 2013

by Adina T. Stern, Esq.

Practicing law in January is always challenging because with the New Year there are always changes in California law. This year is no exception. Governor Jerry Brown signed over 800 new laws that took effect in California on January 1, 2013. Some of the new laws that will be of interest to our clients in the areas of litigation, real property law, business and contract law, and privacy are listed below.

Privacy. California has joined many other states in banning employers and colleges from demanding the passwords for an employee, prospective employee or college applicant’s social media account. Employers and colleges can no longer demand or even ask for social media login information. This does not mean you can freely post whatever you want on Facebook, that information can still be the subject of discovery.

Changes in Litigation Laws. AB 1875 limits depositions to seven hours of testimony. There are a number of important exceptions to this rule but it will make it more difficult to harass witnesses and litigants by keeping them at their depositions unreasonably. AB 1631 allows out-of-state attorneys to represent a party in an arbitration proceeding in California if certain conditions are met.
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December 12, 2012

How to Remove an Improper Mechanics’ Lien

by Adina T. Stern, Esq.

Unfortunately, more often than not property owners find themselves involved in a dispute with a contractor or subcontractor whom they have hired. The property owner withholds payment for work that is not performed properly or timely and the contractor retaliates by recording a Mechanic’s Lien against the owners’ property. If the Mechanic’s Lien was not filed correctly or has grown stale, the Mechanic’s Lien can be removed or “expunged” by a court fairly quickly. It is critical in these cases to seek the assistance of an attorney who is experienced with expunging Mechanics Liens.

The California Mechanic’s Lien Law was completely revised and restructured as of July 1, 2012. The change in law means that contractors and subcontractors needed to update their forms and use slightly different procedures to enforce a Mechanics’ Lien. (See Cal. Civ. Code sections 8000 – 9566.) This created a trap for unwary contractors who used the same form they used prior to July 1, 2012.
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