Companion Animals and Service Animals: What a Landlord Should Know

If a landlord or a homeowner association has a strict “no pet” policy in a lease or rules and regulations, what do you do when faced with a tenant or owner who makes a reasonable accommodation request to have a service dog or companion animal in the unit? The answer is you should consult an attorney to ensure your actions …

City Attorney Declares Short Term Rentals Not Permitted in San Diego

On March 15, 2017,San Diego City Attorney Mara Elliott issued a memorandum of law declaring that short term vacation rentals in single family residences are not permitted under the Municipal Code. The basis for her position is that the City has a “permissive zoning ordinance” which means that if a particular use is not listed, it is not permitted. Currently …

Sharing Space by Ashley M. Peterson

Article Published in January 2017 edition of Los Angeles Lawyer Magazine To counteract the impact on long-term rental availability various jurisdictions are restricting the ability of homeowners and tenants to offer short-term vacation rentals. The concept of blindly renting a room, an apartment, or an entire house to a complete and utter stranger for a day, a week, a month …

Transient Occupancy Taxes – Do I Really Have to Pay Them?

Most cities in San Diego County, and throughout California, impose something called a “transient occupancy tax” (TOT) on “transients,” or persons who occupy a hotel, RV park, campsite or short term rental property for a period of less than 30 days. This TOT applies to short term vacation rentals under Airbnb, VRBO, and other similar sites. As an Airbnb host, …

Real Property Protections for Military Families

On December 19, 2003, President Bush signed the Servicemembers’ Civil Relief Act into federal law (“Act”) which expanded legal protections for servicemembers and their families from civil court and administrative proceedings initiated during periods of active duty military service. 50 USC Title 50, Chapter 50. The protections under these laws extend to the Army, Navy, Air Force, Marine Corps, and …

What a Landlord Should Know if a Tenant is a Victim of Domestic Violence or Abuse

Effective January 1, 2016, the California Legislature amended Civil Code Section 1946.7. This code section effectively enables a tenant to break a lease agreement prematurely, without penalty, if the tenant notifies the landlord in writing that he or she is a victim of an act of domestic violence, sexual assault, human trafficking, elder abuse, or abuse of a dependent adult. …

No Assignment, Sublease…or Airbnb?

Airbnb is a new internet hosting platform being used by people worldwide to list their residential property, or a room, to short term guests or occupants in exchange for payment. What many landlords don’t know is that Airbnb does NOT restrict the use of the site to title owners of the property. This could potentially create problems for both landlords …

What Airbnb Hosts Should Know – (Podcast)

I had the privilege of being a guest on ESPN 1700 am Real Talk San Diego with host Lynette Braun on November 30, 2015. We discussed the issues facing Airbnb hosts, particularly when the host lives in a planned development governed by Homeowner Association rules and regulations. The segment of the podcast featuring this content is below. If you have …

HOAs vs Airbnb Hosts

Airbnb has become the new norm for short term and long term vacation rentals throughout the globe. In beach cities like San Diego, short term rentals under 30 days are particularly popular. Clients frequently contact me asking whether they are permitted to rent out a room in their home, or their entire home, to Airbnb guests, when they live in …