All Forum Posts by: Michael D.

@Bruce Park if it was me I would still use DocuSign, at a minimum. I think the first few docs are free anyways.

@Marta Perea so to be clear what is it currently titled under, the LLC, or your husband?

@Bruce Park

I’m not quite sure what kind of signing you are describing exactly, and in any event I can’t give specific legal advice but I can talk generalities. E-signed leases are enforceable generally, but one still needs to be able to attribute the signature to a particular person -the signer- and overall make sure that there is evidentiary support that the signer is indeed who they say they are, in case they try to deny it later. This is where services like DocuSign become handy because it locks the documents and tracks various attributes like where it was signed, the IP address and a lot of other info which could be used in court as evidence of who the signer was. It could cut both ways by the way: if I sign a document for my wife at home while she is at work, one could present evidence that it wasn’t her and thus the signature ineffective. So the bottom line is you have to assess your own risk tolerance.

If it was me, I would not be inclined to accept someone just typing in their name and treating it as a signature, if that’s what you are describing.

Since I'm still new here I figured I should start contributing by sharing this to the group.  A bill pending with the California legislature just came across my desk, AB 1436.  A link and a summary appear below.  It's just a proposed bill at this point, and while it may or may not become law (at least in current form), I think that it is a good indicator of where Sacramento is going towards in terms of tenant protections related to COVID-19.

http://leginfo.legislature.ca....

According to the legislative summary, the bill:

-"Prohibits a landlord from applying a security deposit or monthly rental payment for the satisfaction of an obligation other than the prospective month’s rent if the obligation accrued  between the date a state of emergency
relating to the COVID-19 pandemic was declared and either April 1, 2021, or 90 days after termination of the state of emergency, whichever is earlier (hereafter “effective time period”), unless the payment or security is specifically designated by the tenant for the obligation." 

-"Provides that a covered tenant, as defined, who failed to pay rent that accrued during that effective time period shall not be deemed to be in default and would prohibit any action for recovery of unpaid rent until 12 months after the effective time period. The bill would define “covered tenant” as a tenant who is unable to satisfy rent accrued during the effective time period due to a loss of income or increased expenses resulting from COVID-19 and who provides a written statement to that effect to their landlord, as specified. The bill would prohibit certain entities, including a housing provider, from using an alleged default in rent that accrued during the effective time period as a negative factor for the purpose of evaluating creditworthiness or for other specified purposes."

Thanks both, appreciate the welcomes and respective thoughts. I look forward to being part of the community.

Hi all. I'm new to the BP community. I'm a bank lawyer and also a broker, which license I obtained when I bought my first personal residence years ago and maintained over the years for occasional deals. Used to own a vacation rental, which I since converted to a traditional rental here in Laguna Niguel. I've never viewed myself as a pro REI however, but at least I have a good foundation to start from.
I'm ready to expand and buy a second or maybe even a third property, likely a SFR or multifamily, but in a methodical and business-like manner, so here I am starting to grow some roots in the REI community. I've already signed up for some virtual meetups and look forward to "seeing" some of you there.