City of San Diego Going After Transient Occupancy Taxes for Month-to-Month Rentals

The City of San Diego has recently started going after property owners who are conducting month-to-month rentals claiming they owe transient occupancy taxes, and are required to obtain a transient occupancy certificate.  I have received several calls from homeowners in the last six months who are being notified by the Office of the City Treasurer that they are operating a …

Assembly Bill 1731 Threatens Short Term Rentals in San Diego County

Assembly bill 1731 is currently pending in the State legislature and could significantly impact short term rentals in San Diego County. This bill, proposed by Assemblywoman Boerner Horvath from Encinitas, if enacted, would permit short term rentals in the San Diego County coastal zones in owner-occupied residential properties only. This means, property owners in the coastal zone who want to …

City of San Diego Repeals Short Term Rental Ordinance

After several months of public upset over the recently enacted Short Term Rental Ordinance O-20977 and O-20978, the San Diego City Council held a special meeting today to determine the fate of the ordinance. The Council was put to a vote on whether the STR Ordinance should be submitted to the public for a vote in an upcoming election, or …

Introduction to 1031 Exchanges of Real Property

When you own real property, that asset will generally appreciate in value over time, particularly if you own property in San Diego. When you sell that asset, capital gains tax will be due on the sale based on the appreciated value. A 1031 exchange is the method by which a person can sell an existing investment property (“relinquished property”) and …

Coffee with Counsel: What Residential Home Buyers Should Know

Coffee with Counsel hosted by the San Diego County Bar Association Lawyer Referral Service with attorney Ashley M. Peterson of the Law Office of Ashley M. Peterson, and Seth Garrett of Allen Matkins. The attorneys discuss common issues in buying a residential property, things buyers and sellers should be aware of, and why having a team of professionals is important …

City of San Diego Votes to Restrict Short Term Rentals

After many years of indecision, the City of San Diego finally passed an ordinance to restrict short term rentals on July 16, 2018. In a 6-3 vote, short term rentals are now only permissible in primary residences, and duplexes where the owner resides in one of the units. Primary residences can be rented out for a maximum of 6 months …

Landlord’s Guide to Service and Companion Animals

NOTE: This Article was authored by Ashley Peterson and published in the American Bar Association Young Lawyers Division “TYL In Focus” Real Estate Edition for June 2018. The original publication can be found here: TYL In Focus June 2018 Recurring questions in leasing surround the landlord’s pet policy: If there is a strict no-pet policy in a lease or declaration …