Institute for Justice’s Post

The 14-Day Rule: Tenant Rights and Landlord Responsibilities In the landlord-tenant dynamic, the 14-day rule is a crucial aspect. Simply put, if a landlord fails to comply, the tenant is entitled to a full security deposit refund, regardless of other reasons for withholding it. Even with valid grounds, landlords must adhere to this rule, or they may be limited to suing for property damage. Willful violation? Courts can order double the security deposit refund. Know your rights and responsibilities. *Attorney Advertising Information Only. Prior results do not guarantee future success* #TenantRights #LandlordResponsibilities #RealEstateTips

The 14-Day Rule: Tenant Rights and Landlord Responsibilities In the landlord-tenant dynamic, the 14-day rule is a crucial aspect. Simply put, if a landlord fails to comply, the tenant is entitled to a full security deposit refund, regardless of other reasons for withholding it. Even with valid grounds, landlords must adhere to this rule, or they may be limited to suing for property damage. Willful violation? Courts can order double the security deposit refund. Know your rights and responsibilities. *Attorney Advertising Information Only. Prior results do not guarantee future success* #TenantRights #LandlordResponsibilities #RealEstateTips

Some thoughts on the recent decision concerning the Right of First Refusal and the importance of getting it right. #landlordandtenant #securedlending #legalupdates

Right of First Refusal: Prosecution for failing to comply The Landlord and Tenant Act 1987 (the Act) plays a crucial role in safeguarding the rights and interests of tenants in residential properties.  Among its provisions, Section 5 of the Act addresses the Right of First Refusal, a significant protection afforded to leaseholders when their landlord decides to dispose of their interest in the property. David Eder, Solicitor and Legal Director Commercial Real Estate, Secured Lending, delves into the details of Section 5 Right of First Refusal provisions, their importance, and the legal consequences, including prosecution, for landlords who fail to comply with the Act. https://lnkd.in/eaHSdSMF #LandlordsAndTenants #ResidentialProperty #RealEstateLaw

Very sad to see another CA city select a less optimal housing policy. We had actively looked at a deal 9 months ago in Concord with an attractive entry price off-market. The subject property was — and is — in need of major capex, having been built 60 years ago. The business plan called for $25k-$30k/unit of capital infusion to revitalize the property. Upon review of city council minutes discussing — but not yet enacting — rent stabilization, we had rescinded our offer. Most of the housing stock in CA was built in the middle of the last cenutry and will require massive infusion of capex. Real estate entrepreneurs will largely bear the costs, but need to be incentivized to do so. The State of California already acted in passing AB-1482, limiting rent increases to CPI + 5.00%. It will be difficult if each municipality pursues a totally separate policy. Lastly, and it’s not mentioned as often, there is a public safety aspect to strict rent control regimes. It leaves less discretion to management regarding inappproroate behavior, which on the agggregate can drastically affect crime in a neighbhood and city. The built world around us largely exists, and is maintained, due to real estate entrepreneurs + their investors willing to risk their hard earned money on an uncertain venture. Here at Prime Capital we had taken over a 25-unit building in AZ with maybe 3 functional, but obsolete, units and did a gut renovation, putting 25 fully renovated new units back into service for folks to call home. Private investment made this happen.

Check out my case comment on the Court of Appeal's recent decision on entire agreement clauses (it's not as boring as it sounds!)

Gain valuable insight into Texas eviction laws and the rights of tenants and landlords in this comprehensive guide:

Spencer had the opportunity to testify publicly for S1327 at the legislature yesterday. S1327 would update the current unlawful detainer law to allow for eviction court proceedings to be shielded after 3 years if a tenant meets all the terms of the court proceeding and the proceeding is dismissed. This will allow tenants who have successfully satisfied eviction issues to have the issue removed from their background after a reasonable 3 years and have paid any amounts owed to satisfy the unlawful detainer. This will be an opportunity for tenants who have fallen on unusual times to receive a second chance and to not have a court proceeding for an unlawful detainer follow them for the rest of their lives. This will help landlords because it gives landlords more flexibility in having certain unlawful detainers shielded and will encourage tenants who are in an eviction process to fulfill all financial obligations owed by them to have the proceedings shielded from their record. You can find more information and the bill text for S 1327 Here: https://lnkd.in/gN_Qv-QT We were happy to see this bill make it out of the Senate committee. Now it will be debated and voted on the Senate floor. #propertymanagement #business #boiserealestate #idahorealestate #idahorealtor #idahohomes #boiserealestate #boiserentals #narpm #idaholegislature #Idaholaw #landlordtenantlaws Activate to view larger image,

Cities shouldn't feel deterred from sustaining public safety and health when it comes to code enforcement and obstacles such as these. The Los Angeles Graffiti Towers (Oceanwide Plaza) has been a blight to its neighbors and are now infamous worldwide. Although this property's owner(s) filed for bankruptcy, doesn't mean cities cannot seek compliance. Bankruptcy and code enforcement are separate entities; therefore this situation is exempt from any stay under federal law. Public agencies seeking legal advice in their code enforcement units - or any other area of municipal law - can trust us to navigate you through this labyrinth of law. #codeenforcement #lagraffititowers #graffiti #losangeles #bankruptcy #publicsafety #healthandsafety #localgov #municipal 

Key Supreme Court Ruling: United States V. Dunn In United States v. Dunn, 480 U.S. 294 (1987), the United States Supreme Court established four factors to determine whether an area of property qualified as curtilage. These factors are: (1) the proximity of the land to the home;  (2) whether the area is included within enclosures surrounding the house;  (3) the nature of the use to which the area is utilized; and  (4) the steps taken by the resident to protect the land in question from observation by others Other court decisions have concluded that certain areas surrounding a home qualify as curtilage, such as garages, driveways, fenced-in backyards, patios, adjoining decks, and more. https://lnkd.in/gjsinAyZ