All Forum Posts by: Michael Gefvert

This link should prove helpful:

https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF

A couple of points I would consider are: does your kitchen meet code requirements to be used as a commercial kitchen? and a big one, will your insurance provider cover a claim like a kitchen fire if the kitchen was being used for a commercial purpose?

Your lease is just one piece of the picture.  Your state likely has a law that deals with security deposits and if it says something different than your lease, it will control.  Most, if not all, states impose penalties on landlords who wrongfully withhold a deposit.  I would do as Alvin said and consult a RE attorney.

This is a funny story and I see the impetus to post it here, but not every funny thing that happens in your life is appropriate to put out to the world at large.  It is unprofessional to speak poorly about your client who has paid you to manage their property.  It reflects poorly on your boss or bosses who presumably did not make the decision to put this information out into the public.  If I read this while screening property management companies, it would factor in my decision.  Sometimes the things you laugh about at the office should remain the things you laugh about at the office.

/old man yelling at kids to get off his lawn

In my jurisdiction a wrongfully withheld deposit is double the amount wrongfully withheld plus attorney fees.  Not hard to find a lawyer to take your case if it has merit since the landlord will be paying the bill.  Contact your local bar association for referrals.

You need to consult an attorney in your state.  I dont think a court here would enforce the terms of a commercial lease that are contrary to our landlord tenant law for residential property but it isn't something I've ever looked into.

I'm biased but I'd listen to my lawyer :)  All three if set up and managed properly should provide protection of personal assets.  You'd have to follow-up with your attorney on why he thinks a trust is best, it may have something to do with being more difficult to "pierce the veil" if an issue arises, but I don't know MA corporation or trust law.  It may also just be a less demanding form of protection on your end as far as record keeping requirements, etc.  Again, you'd have to ask him.  

Do you have someone who handles your taxes to double-check the tax advantages of a trust over an llc or s-corp?  Is your lawyer well versed in tax issues?  Personally I prefer deferring tax advice to tax professionals and focusing my time on the liability side.    

I think you're already on the right track by hiring professionals to do this stuff for you while trying to keep abreast of it yourself.  You should follow up with them on why they think x is better than y.  They should have an answer for you, and if you don't like it you can always go somewhere else.

Caveat- I have not specifically looked into this and this is not intended to be relied upon as legal advice.

The best person to ask would be the county prosecutor in charge of environmental issues, or someone at the county board of health.  I would imagine that someone who lived in one of those properties showed evidence of lead poisoning.  I would further imagine that if you wanted to purchase one or more of these properties, that you could get a reinspection after having a professional lead abatement contractor clear up the issue.  Again, these are thoughts off the top of my head.  I'd be happy to look into this for you and get you a concrete answer on how these properties came to get this sign and how (if it is possible) to get rid of it, but I would need to be compensated for my time.  DM me if you are interested.

You may have civil or even criminal liability issues with non-functioning windows in the event of a house fire.  I would check with an attorney before deciding not to fix them. 

These are questions you should ask a California real estate attorney.  You could try your local bar association or area real estate investors meetings for recommendations.