If the landlord/manager goes to Home Depot to buy pesticide, then they must post a sign of pesticide use. The exception if is a licensed pest control operator is used then no sign is needed! This law requires a landlord or the landlord’s authorized agent to provide a...
Experienced Real Estate And Business Attorney
Month: June 2016
Mold is now the Tenant’s (initial problem)! (Civil Code §1941.7, Health and Safety Code §§17920, 17920.3)
A landlord is not obligated to repair mold problems until: 1) until he or she has notice of it or 2) if the tenant fails to keep the property clean and sanitary and thereby substantially contributes to the existence of the mold. Also, for a building, or portion...
Clotheslines allowed in tenant’s private area (Civil Code §§1940.20 and 4750.10)
Condo owners have a similar law. This law requires a landlord to permit a tenant to utilize a clothesline or drying rack approved by the landlord in the tenant’s private area. The landlord must permit a tenant to utilize a clothesline or drying rack approved by the...
Gender Pay Discrimination “big picture same pay for same work” (Labor Code §1197.5)
Labor Code §1197.5. bars employers from paying employees less than other employees of the opposite sex for substantially similar work regardless of their job titles or the location where they work. Current law prohibits an employer from paying an employee less than...
ADA/Unruh Construction Accessibility Complaints Require Warning Information (Civil Code §55.3, et seq.)
Commercial property owners must be careful of the ADA/Unruh Act access claims filed by mills seeking $5,000 to $10,000 because your slope, or sign is missing, or faded regarding parking spots. The new laws require an attorney sending a demand letter or serving a...
Clotheslines or Drying Racks May be Kept in Condo owner’s yard (Civil Code §§1940.20 and 4750.10)
Now homeowners can ignore HOA limits on use of clotheslines and drying racks. (A separate provision of this law applies to tenants. See landlord/tenant section below.) This law makes unenforceable any provision in HOA governing documents that effectively prohibit or...
Blanket bans on renting to criminals ILLEGAL!!
This is crazy. The HUD secretary Julián Castro, is expected to announce guidance interpreting of how the fair housing law applies to policies that exclude people with criminal records. The rules will say that landlords must distinguish between arrests and convictions...
Cases helping General Contractors, Developers and Property Owners to avoid liability for injuries to subcontractors
Some strong cases extending the 1993 “Privette doctrine”, Privette v. Superior Court (1993) 5 Cal.4th 689, holding that if an independent contractor’s employee is injured on the job and subject to workers’ compensation coverage, he cannot seek recovery of tort...
General Contractor’s still “generally” not liable for their sub’s employee’s injuries (“Privette Doctrine” Remains)
“ Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.” (SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 594.) This rule has been known as the “Privette...
Cases holding General Contractor and Developer Liable (“Anti Privette Doctrine”)
Privette is alive and well, but an injured sub-contractor’s employee can argue the following to try to hold the general contractor or property owner liable. These are for very bad general contractors and property owners who deserve to be nailed.Contractual safety...