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All Forum Posts by: Paul T.

Paul T. has started 3 posts and replied 19 times.

Nothing herein is legal advice.

Effective July 1, 2024, California Civil Code section 1950.5 generally prohibits a landlord from collecting more than one month’s rent as security deposit, whether the rental is furnished or not. However, the statute provides for exceptions that are important for CA landlord’s to understand.

First, the statute expressly states that the one month limitation does not apply to rental agreements entered into before July 1, 2024, so if you have an existing security deposit of two or three times the monthly rent, you do not have to reduce that security deposits to comply with the new law. In addition, the statute does not prohibit you from increasing your security deposits for new tenants between now and July 1, 2024, or even for existing tenants before July 1, 2024.

Second, nothing in the statute prohibits a landlord from requiring and increase in the security deposit, each time the landlord increases the monthly rent, provided the security deposit does not exceed one month’s rent.

Third, a landlord may still require two month's rent as security deposit, after July 1, 2024, if the landlord has no more than two residential dwelling properties that include no more than four dwelling units. So if the landlord only owns one four-plex, or two duplexes, or a single and triplex, and the landlord is a natural person (not a corporation or partnership), or the landlord is an LLC in which all members are natural persons (no corporate or partnership members in the LLC), the landlord can still require two month's rent as security deposit.

So for those CA investors who invest in properties with four rentals or less, and place each rental property into its own LLC, and the LLC members are all natural persons, those investors can continue to require two month's rent as security deposit. So long as each LLC does not own more than two residential dwelling properties, or more than four dwelling units total, the LLC may require two month's rent as security deposit.

Although elsewhere I have expressed the opinion that placing each rental unit into its own LLC is maybe not necessary for limiting liability, if an investor is subject to the new security deposit limitations, the idea of limiting the number of dwelling units in any LLC to four rental units, now has an added benefit of allowing the LLC to require higher security deposits.

Below is the pertinent portion of the statute:

(4) (A) Notwithstanding paragraph (1), a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months’ rent, in addition to any rent for the first month paid on or before initial occupancy if the landlord meets both of the following requirements:

(i) The landlord is a natural person or a limited liability company in which all members are natural persons.

(ii) The landlord owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent.

Quote from @TJ Nowitzki:

Thats correct I am not an eligible bidder (I don’t see how you can be an eligible bidder if you’re flipping the property as a business). The homes I would be buying are single family homes. If you can’t find title insurance how do you go about reselling the property to a retail consumer after rehab? Do you just provide a warranty deed to the buyer?


Interestingly, the statute does not prohibit certain Eligible Bidders (C)-(G) from being in the business of flipping homes. Only (A) eligible tenant buyers and (B) prospective owner-occupants, must live in the unit for one year.

Keep in mind the intent of the Legislature was to ban investors from buying on the court house steps, so the law as written does a very good job of making it very difficult to circumvent.

And yes, if you could find a cash buyer who would except a warranty deed, that is one option. I say "cash buyer" because I'm guessing no lender would loan without title insurance, but lenders reading this can correct me if I am mistaken.

Another possible option (and nothing herein is legal advice), would be to file a quiet title action after purchase, and get a court order (assuming you were successful), vesting title solely in your name, then a title company might insure it.
Quote from @TJ Nowitzki:

Hi all,

I am about to start buying properties at foreclosure auction in California. Does anyone have a recommendation for a title company that provides title insurance once the deed is recorded and I take possession? I am going to flip the properties so I am mainly concerned with the ability to resell the property to buyers who are using conventional financing. 

I’ve talked to a few title reps and cant seem to find what I am looking for.

Thanks

From your post it is not clear what kinds of properties you you intend to purchase at foreclosure auctions (it makes a difference). Assuming you are buying 1-4 family homes and you are an "Eligible Bidder" as defined by SB 1079, or you are buying properties that are not 1-4 family homes, almost any local title company should be able to meet your needs. If you are not an "Elegible Bidder" as defined by SB 1079, and you are buying 1-4 family homes, it is unlikely you will find any title company willing to issue title insurance. The fact that you aren't finding what you need after speaking with the title companies, suggests you are not an Eligible Bidder.
Thank you @Linda Weygant and @Michael Plaks for the kind remarks.




Post: Insurance on a rental that's on my primary residence

Paul T.Posted
  • Sacramento
  • Posts 19
  • Votes 45
Quote from @Zach Shull:

I have a property with a main house and a guest house/studio that is attached with a separate entrance. The house is my primary residence. I was told that I needed to have a minimum of a $1M umbrella policy for the  unit if I'm renting it out, in addition to my main homeowners insurance (the homeowners policy includes the guest house since it's all one building). But in the event something happens to the guest house, is there any additional insurance I should maintain? I was told I could only take out a separate policy if it was a completely separate building/parcel. Just trying to learn the whole insurance world! Thanks!

Zach:

Nothing herein is legal advice.

Homeowner's insurance is sufficient as it would normally provide both hazard and liability protection. It is "recommended" that landlords have at least $1m liability coverage, but some have less, many have more. If you want liability insurance in excess of $!m, you will likely need to purchase a separate "umbrella policy." In CA, for example only, a $5m umbrella policy from the homeowner's policy insurer, can be as inexpensive as $600/year. A stand alone umbrella will normally be slightly more money.

You may want to read my post on insurance, here:
https://www.biggerpockets.com/...

Post: Collection on judgment

Paul T.Posted
  • Sacramento
  • Posts 19
  • Votes 45
Quote from @Tetiana Muraviova:

Hi ,

I am evicting tenant in one of my properties in California. I have a question if anyone uses other ways than salary garnishment and attorney/ collection agency to collect on judgment ? Can I seize tenant car ? Can I collect from state tax refund ? Also, can I request tenant current information about assets and workplace through court ?

Thanks for help 


You can find pretty much everything you could possible want to know at this link:

https://www.courts.ca.gov/part...

Quote from @Paolo Ertreo:

I am going to file my 2022 taxes as a landlord (for the first time). I have only received a form 1098 from my mortgage company. These forms have a field for "prop tax" and "insurance paid" but they both show $0 paid in 2022 (not true as I pay my taxes and insurance altogether with the mortgages).

What documentation is needed to show that I've in fact paid property taxes and insurance (and hence can deduct them from the properties' income)?

Thanks in advance

First, let’s clarify a few things.

You write that 2022 is your first year as a landlord. I am going to assume that means you (a) bought the rental property in 2022, and that you also obtained your current mortgage in 2022.

Then you state you pay your taxes and insurance with your mortgage each month. Actually, you probably pay money for your taxes and insurance, into a mortgage impound (escrow) account, each month. (It makes a difference.) That does not mean you (or the mortgage servicer) actually pay the taxes or insurance each month, only that the money goes into the impound account so the mortgage servicer has the money available, to pay your taxes and insurance, when the bills for each come due.

There are three possible reasons I can think of, why your 1098 would have -0- paid for taxes and insurance. (1) The mortgage servicer made a mistaken on your 1098, and failed to report taxes and insurance paid by the servicer. (Unlikely, but possible.) (2) The mortgage servicer did not pay your taxes or insurance when due. (Unlikely, but possible.) Or (3) as of 12/31/22, there were no taxes or insurance paid by the mortgage servicer because none had been billed or were due between the date of your home loan, and 12/31/22. (Most likely.)

Generally, if you closed on the loan within sixty days of when your property taxes were due, or your insurance payment was due, you (not the mortgage servicer) were likely required to prepay your upcoming property taxes and insurance, at the time of your loan closing. (Some lenders and/or loan programs may require prepayment greater than 60 days.) So if, for example, you closed your loan on this property on October 11, 2022 (and maybe as early as 7/1/22), or later in the year, you were probably required to deposit into escrow at the time of loan closing, the full amount of the upcoming 12/10/22 property tax payment (in CA), (less the prorated amount being paid by the seller), and the full amount of your first year’s insurance. If that happened, even though you are paying monthly into the mortgage servicer’s impound account for FUTURE taxes and insurance, the first property tax bill the mortgage servicer would normally pay would be the April 10, 2023 tax bill, and then the October 11, 2023 insurance renewal, neither of which would show up on your 2022 1098 because neither have been paid yet.

So if you think the servicer made a mistake on the 1098 and failed to report payments actually made by the servicer for taxes or insurance in 2022, contact the servicer and request an amended 1098. If you think the servicer made a mistaken and didn’t actually pay property taxes or insurance when due, and thus caused a penalty or late charge to be assessed, contact the servicer to make sure the delinquent amount has been paid and the penalty and/or late charge, was paid by the servicer (it was the servicer’s mistake) and not paid from your impound account, and obtain an amended 1098. And if you paid the initial taxes and insurance at the time of loan closing, and the 1098 accurately states the mortgage servicer has not paid anything (yet), then your “documentation” that you need will be the title/escrow company’s Final Closing Statement for the loan and it should clearly identify prepaid taxes and insurance. (And you or your tax professional will need that closing statement for that and other reasons, in order to prepare your 2022 income taxes.)

Post: Insurance for Rental Property

Paul T.Posted
  • Sacramento
  • Posts 19
  • Votes 45
Quote from @Mike Montanye:

We are under contract for an out of state turnkey rental. Trying to gather insurance quotes.

What advice could you offer?

What should I be looking for?




Nothing herein is legal advice.

If you are insuring a 1-4 family unit, and you live in one of the units, you will usually want a “HO-3 homeowner’s policy.” If you are insuring a 1-4 family unit and you don’t live in one of the units, you will usually want a “landlord policy.” Specifically, you will want a “DP-3 landlord policy.” (If the property is vacant, you may only be able to obtain the lesser, DP-1 landlord policy. It is recommended that you avoid the DP-1 and DP-2 if at all possible as they offer less coverage.) If you are insuring more than 4 units, you will likely have no choice but to obtain the generally more expensive “commercial policy.”

Always consult with an “independent insurance agent” in addition to any “name brand” insurance agents you talk to. Farmers, State Farm, Nationwide are examples of “name brand” insurance agents, and they will frequently (if not always), only be able to offer you one insurer choice. An “independent insurance agent” can offer you products across many product lines and insurers, and oftentimes (but not always) for less money than a “name brand” agent. In CA, our go to insurers are Safeco, Farmers/Foremost, and American Modern. Other states offer other insurers.

Avoid “actual cash value” insurance. Instead it is strongly recommended that you obtain “replacement cost coverage” insurance. In the event of a loss, “actual cash value” insurance ONLY pays you the depreciated value of the damaged property. DP-1 insurance, above, that you are encouraged to avoid, is generally “actual cash value.” DP-3 insurance, above, that you are encouraged to obtain, is usually “replacement cost coverage.”

It is recommended that you purchase enough insurance to pay for a total loss to the dwelling (dwelling “Coverage A”), a total loss to Other Structures (“Coverage B”), any Personal Property (“Coverage C”) of yours that is on the property (i.e., furnishings, refrigerator, washer, dryer), Loss of Use (“Coverage D”) (i.e., lost rents), Personal Liability (“Coverage E”) and Medical Payments to Others (“Coverage F”). These six coverages are common in almost every homeowners’ and landlords’ policies.

For the dwelling, if it sustains catastrophic damage, your coverage should be enough to demolish the remaining structure, dispose of the hazardous materials, and build a new structure. If you are in a location that has a risk of a large number of claims from other property owners at the same time (think: CA wildfires, midwest tornadoes, east coast hurricanes), you may want to add 20-30% to the reconstruction cost because in the event of a mass catastrophe, hundreds of other claimants will be trying to employ the same, small pool of available contractors and prices will escalate. If you do not have sufficient “replacement cost coverage” you will have to pay the shortfall to replace it, from your own pocket. If you do not have sufficient “replacement cost coverage” or enough cash available to make up the shortfall, and thus, decide not to replace the structure thinking the insurance company will just give you a check for the “replacement cost coverage” amount, you will likely be disappointed. “Replacement cost coverage” generally only applies if you actually replace the structure (or item in the case of personal property). If you don’t actually replace the structure or item, the insurer will generally only pay you the depreciated “actual cash value.” And if you have a loan on the property, the insurer will likely pay that “actual cash value” to the lender, not to you. And if the “actual cash value” is less than your loan balance, you will still be obligated to continue to make your payments on the balance of the loan, until paid in full, even though you now only own a barren lot possibly contaminated with hazardous materials.

In addition, if your dwelling is located in an area of specialized risks (i.e., CA earthquakes, flood zone), which are not normally covered by your DP-3 policy, you will want to obtain coverage for that specialized risk.

Similarly, it is recommended that your loss of use coverage (lost rents) provides sufficient coverage to replace your rents for 24 months. Twelve months coverage is an absolute minimum, but in the event of a mass catastrophe, it is very likely your rental unit will be re-built within twelve months.

For liability insurance, to protect you from lawsuits arising from insured risks, it is recommended you have a minimum of $1m coverage. $5m is better, but is usually only available with an umbrella policy. In CA, an add-on $5m umbrella can be purchased for about $500-600. A stand alone umbrella policy will likely cost a little more.

The higher the deductible you can afford, the lower your premium will be. When applying for new insurance for a new property, almost the first question that is asked by the agent/insurer is, “How many claims have you had in the past 3 (or 5) years?” Assuming the answer to that question may well determine whether or not that insurer will provide you with any coverage, let alone at what cost, many landlords take the position that the landlord will “self insure” to a certain amount, to avoid making claims except in a worse case scenario. If you take that course of action, and conclude that you are going to “self insure” to $10,000, then a deductible of $5,000 is absolutely reasonable. Only you can determine what is a “worse case” scenario for yourself, and for how much you are willing to self insure.

Post: Returning a deposit question after murder

Paul T.Posted
  • Sacramento
  • Posts 19
  • Votes 45
Quote from @Jason P.:

So I have a duplex and a tenant had 4 friends over and one of the younger ones was playing with a gun and shot his friend in the head and killed him (all early 20’s) unfortunately.   The tenant is moving out because of such a traumatic experience and I am wondering about the deposit.  The place looks clean blood was cleaned off the walls, most was on the couch he threw out.
Do I return the deposit?   I’m just wondering how to navigate renting it out again do you have to disclose a killing in the unit?    

Thanks 

What a tragedy!

As far as deducting the damage from the security deposit, you have notgiven us enough information to accurately answer your question.

The following is not legal advice. Please consult with your own attorney for legal advice.

Because you state you are in CA, I assume your rental is also in CA and that the rental is a dwelling unit for the tenant.

If you (1) notified the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection, and (2) if the tenant requested an initial inspection, and (3) if the inspection occurred, and (4) if at the inspection you gave the tenant a written itemized statement specifying repairs or cleanings that you proposed to be the basis of any deductions from the security the landlord intends to make (and all statutory notices), and (5) if the tenant had the opportunity during the period following the initial inspection to remedy the identified deficiencies, in order to avoid deductions from the security, and (6) if the tenant did not remedy the deficiencies identified in the itemized statement, then, you may withhold from the security deposit sufficient amounts to pay for damages including damage from smoking.

If you (1) notified the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection, and (2) if the tenant chooses not to request an initial inspection, then you are relieved of you obligation to provide an initial inspection, and may withhold from the security deposit sufficient amounts to pay for damages.

If you didn’t give the tenant written notice (#1, above), or if the tenant requested the initial inspection and you did
not perform the initial inspection (#3 above), or if you did not give the tenant a written itemized statement at the time of the inspection (#4 above) identifying the smoke related damages, then you may not withhold from the security deposit, deficiencies that might have been listed in the initial inspection. And that would include damage from a violent death.

Without regard to the above, you may also withhold from the security deposit, late fees, unpaid rent incurred prior to the moveout, and unpaid rent for the remainder of the lease period, to the extent you are not able to recoup that rent by using reasonable efforts to re-rent the property.

All of the above is from California Civil Code section 1950.5.

As to disclosure of the death, Civil Code Section 1710.2 is actually written in the negative. Section 1710.2 does not require disclosure, but instead states that you don't need to disclose a death at the subject property, if the death occurred more than 3 years prior.

Post: 1.94% property tax on Richmond, CA

Paul T.Posted
  • Sacramento
  • Posts 19
  • Votes 45
Quote from @Aastha Shrestha:

Hello BiggerPockets family, 
My situation: I purchased a 4plex with FHA loan on Nov 2021 at 810k on Richmond, CA(Contra Costa county). County is saying that my property tax is close to 16k(1.94% of the property value). I don't know why I am being charged 1.94% of property taxes. I always thought property tax is around 1.25% of the purchased value.
Is there a way to offset these taxes? 

I failed to answer your ultimate question: Is there a way to offset them?

The County has a number of programs to reduce property taxes for qualified property owners, including the homeowner's exemption. There are also senior exemptions for some special assessments, which have specific criteria that must be met. Your tax bill has an asterisk next to the assessments that you may qualify for an exemption.