All Forum Posts by: Dina Harleth

Neighbors violating noise code, police refuse to enforce the code - do I have to disclose to tenants/buyers? 

I own the home that I live in. Three years ago a house adjacent to mine was purchased by a family with several kids. The family makes a lot of noise in the form of shouting, shrieking, etc. I looked up my city's noise code, spoke with Code Enforcement, and purchased the decibel meter used by them. I was able to determine that the neighbors are violating the noise code but despite the code's stating that police must measure noise and enforce the code, the police refuse to do anything about the situation.

I understand that this noise may not bother some, but I have PTSD as well as a severe chronic health/pain condition and the random loud shrieks cause a startle reaction as well as increased pain, etc. The adults also violate the code due to their very loud shouting.

The police lieutenant I've been in contact with said that since the noise is caused by children, they don't want to enforce the code. The code does explicitly state that it covers human voices, however. 

I have several questions:

1) Do I have any viable options for remedying the situation - i.e. getting the neighbors to reduce the noise?

2) If I were to rent or sell the house, would I need to disclose to potential tenants or buyers things as they currently stand?

3) If so, would I need to disclose anything if the noise were reduced to a level where it were no longer violating the code? I am assuming that if the neighbors were to move, I also would not have to disclose anything.

Thank you! 

I have heard it's possible to form an LLC out of state in order to hold a property held in CA. I would want to form the LLC in a state that doesn't require the publishing of owners. Is this possible and does it have any legal or tax consequences down the line? I'm planning on doing a 1031/121 combined exchange/exclusion in a couple years.

@Katie L. Thank you for all the really helpful information. Do you happen to know if it's possible to form an LLC in a different state, one that doesn't require the publishing of owners, such as NM, in order to increase privacy?

Also, when taking measures to protect against having the corporate veil be pierced, is there a checklist somewhere that lists all this? 

I'm assuming the following should all be in the name of the LLC and not me as an individual:

-contract with property manager

-insurance policy on house

-any utilities I continue to pay for (so, for instance, checks to the gardeners / pool guy should come from the LLC)

Anything else I might be forgetting? Thank you very much for your knowledge! 

@Mindy Jensen @Peter MacKercher @Aaron K. Thanks, I really appreciate the responses. I feel better about going with this particular PM. What about the arbitration clause? Is that something to not worry about? My attorney said I should try to have that removed... 

I'm a first time landlord with a SFH that needs rehab. I prefer not to overlook the rehab process myself, so I was thinking of just leaving and handing over the house to a PM I've met with. She'd get estimates, and while I'm abroad I'd agree to whatever work I want to have done. Then she'd oversee the work.

I am nervous about this, though, since I will be so far away. Do I have any legal recourse if things go wrong?  I got a bit of a bad feeling when I suggested waiting a year to have the ceilings scraped and she said, "It's best to do them now, before having the flooring replaced, because *something* always gets messed up when ceilings are scraped." I was thinking, "Isn't it your job as a good PM to make sure things *don't* get messed up?" Similarly, when discussing whether to leave the washer/dryer, she said, "Well, if you leave the ones that are already in the house, that'll reduce dings on the walls from the tenants moving theirs." Again, I don't know if I'm dealing with a "slacker" PM here, or if this is standard for PMs. I don't yet have a contract with her and could choose someone else.

Also, I'm in CA, where arbitration clauses seem to be included in the standard contract. Does anyone have experience with PMs being open to having that clause removed? 

Does this depend on the area? It's a SFH located in a pretty wealthy neighborhood where homes cost ~1 million. I want to do dark carpet because there's a chance I may need to move back into the house and I personally prefer carpet to hard floors

Thanks @Ken Teng. Do you know if it matters whether these are done over a period of several months prior to moving out? I have a chronic pain condition that causes me to have to take things very slowly, though these would certainly be done to prepare the house for rental, not for my personal enjoyment. 

I'm currently living in a house that I want to convert to a rental.  I've been told by a couple accountants that I can have repairs done while I'm living here and still deduct them - that I can justify that these were done in order to "prepare the house for renting."  Is this true or should I have moved completely out before starting repairs?  Also, is replacing carpet that’s extremely stained and ripped up in some areas  considered a repair or still an improvement?  (Not sure whether to replace yet with carpet, or tile, or laminate, if it makes a difference.) 

Thank you! 

I was gifted a house by my father and am unfortunately not in contact with him.  I have no deed of sale and no idea how much he originally paid for the house.  This info is imoprtant because I may wish to sell the house and need to know what his (which is also my) cost basis is/was. I did go to the county recorder's office and get the "document transfer tax." Is this all I need to determine how much he bought the house for? 

I'm living in a house that I want to convert to a rental. If I need to come back to make repairs such as new flooring, is it ok to stay a few nights on the property itself while choosing flooring, overseeing minor repairs, etc?  Or, for tax purposes, should I simply stay elsewhere (i.e. hotel)?