All Forum Posts by: Bryan Zuetel

@Alex Shaughnessy, a month to month lease continues for each month period until terminated with a 30 day notice (or potentially 60 day notice by landlord in certain instances).  Thus, when the tenant through autopay paid the October rent, he was entitled to all the rights as a tenant of that property through the end of October.  Yes, you are entitled to the rent through the end of October, but this does not sound like the situation to fight over.  A court will not look favorably on you as the landlord in this situation.  So, I would suggest a pro rata refund to the tenant/tenant's estate.

One electrical socket not working is not worth fighting over with the tenant.  Just fix it and move on.

I would suggest that you make the check out to the deceased tenant and then allow the relatives managing his estate to address the check however they decide.

@Dan Perrott, I'm curious about your comment that some of the map is way off.  I had understood that the map was fairly updated and was broken down by neighborhood, not necessarily zip code.  What parts of the map are way off?  Thanks for your insight.

@Dallas Waldon, you have not provided us enough facts to help you with the decision. However, as to the "doing business" in California the FTB minimum $800, the link below leads to FTB examples (page 4) of how the FTB defines "doing business." Basically, you are "doing business" in California under the FTB's interpretation if you direct a management company from California, use a California address for tax filings, and/or maintain a California bank account. If you can avoid fitting into those examples or into the broad definition of "doing business," maybe you could have a Nevada LLC while being a California resident and avoid California taxes.

https://www.ftb.ca.gov/forms/misc/3556.pdf

@Bonnie Galvan, you would do better to pursue an eviction for lack of payment, rather than regain possession through abandonment.  If the tenants haven't paid the rent by the 5th, then pursue eviction for lack of payment through a three day notice.  If you still want to pursue the abandonment route, you can check out the lengthy process here: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1951.3.&lawCode=CIV.

@Abel Sanchez, non-payment of rent is still a recognized reason in California for quickly evicting a tenant from a property with a three day notice.  So, since the tenant has not vacated, you need to recover possession through an unlawful detainer action in superior court.  I suggest that you start here for the California Courts website on unlawful detainers: http://www.courts.ca.gov/27701.htm.  

@Brian Bradley, first I suggest that you don't take snippy shots ("are you even familiar with ...") at people asking probing questions and challenging your theories and underlying assumptions on a platform that is built for mutual learning. To answer your question, yes, I am familiar with Delaware Statutory Trusts to answer your question. Second, the suggestion that this was a hypothetical structuring was more for your benefit in that I'm sure you're not offering specific, direct legal advice on this forum. Third, your comment above that "The way you avoid the CA $800 franchise taxis because the DST is an ESTATE PLANNING TOOL, hence not subject to CA State Franchise Tax" appears to be incomplete when your later comment suggests a "separate operating company LLC that is set up to operate / run the business, and collect rents etc."

Now, the "separate operating company LLC that is set up to operate / run the business, and collect rents etc." would still be required to pay the California FTB all of the standard franchise fees and taxes, right?

@Brian Bradley, if there is an operating company LLC that is doing business in California (under the very broad definition of doing business per the FTB), then it seems to me that we're just back at step one with a California LLC owing the high California franchise taxes and fees. In your hypothetical structuring, is there a DST and an LLC or just the DST (with an LLC organized/formed if needed)? If the first, what is the advantage of this structure in terms of California franchise taxes and fees?

@Susie Bright, you haven't actually confirmed that they have vacated, only that they've moved out some of the stuff.  So, you don't have a vacant property to take possession of at this point.  The tenants are late on the October rent.  Provide a three day notice to pay rent or quit for the October rent.  If they confirm that they have vacated, great, you can potentially seek the lost rent from their security deposit (assuming you collected one).  If they pay rent, then issue a 60 day notice of termination of tenancy.  If they want to vacate, have them issue a 30 day notice of termination of tenancy.  This is California, so nothing is easy.

@Neil G., the "verbal acceptance" is useless and unenforceable.  The disclosure of licensee status is technically not a counteroffer, but the label is irrelevant.  You don't have an enforceable oral contract for real estate.

@Alex Young, if you have a valid contract with the seller, you should be able to enforce specific performance and require that the seller complete the sale of the property to you.  A lien is irrelevant to the issue of whether escrow should close on the property.  The lien should only affect how much the seller receives in his pocket after the close of escrow.