In California, a Health and Safety Receivership is an effective option to resolve code enforcement issues with residential and commercial properties. Health and Safety Receiverships commonly deal with substandard or abandoned properties when property owners fail to comply with code enforcement or when there is a threat to the health and safety of residents or the surrounding community. While receivership may not initially sound like a resource for illegally-operating marijuana facilities, the illegal sale of marijuana likely constitutes a nuisance pursuant to the California health and safety code and can be a threat to the health and safety of the surrounding community and/or businesses. The Receivership Remedy can resolve complex issues that arise with rogue marijuana dispensaries as dispensaries become more and more common and the industry continues to inflate.
Griswold Law, along with co-counsel JCL Law Firm, recently achieved a class action settlement on behalf of a class of San Diego County individuals that suffered illegal treatment as motel/apartment occupants. The class members were subject to a variation of the "28-day shuffle" policy, unlawfully utilized by some motels/apartments in California. As a part of the court-approved class action settlement, we were honored to present a $75,881.50 "cy pres" donation to Alpha Project in San Diego. We presented the check to Alpha Project at the grand opening ceremony of their beautiful new project (Alpha Square) in downtown San Diego on November 18, 2015. The building will provide 203 brand-new units for the homeless population in San Diego!!
Our final blog post in the series on security deposits will discuss a tenant’s options if he or she feels their landlord is wrongfully deducting or withholding the security deposit after move-out.
By requesting a move out inspection PRIOR to the move out, a tenant gets the chance to try and make some the repairs or do the cleaning before the landlord deducts the costs of repair/cleaning from the security deposit. Here’s how it works:
About a month ago we posted an article about Habitability Requirements for Leased Properties and Implied Warranty of Habitability, which discussed landlords’ obligation to make certain repairs in rental properties.
Once an eviction notice is served on a tenant, he or she may try contacting the landlord to ask for an extension of time to pay the rent. It’s likely that by the time the landlord has gotten around to actually starting the eviction process, the tenant is MORE than one month’s rent behind….and probably owes the landlord a substantial amount of money. A common scenario involves the tenant trying to give the landlord partial payment and promising to pay the remainder of the amount due in the future as a compromise.