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. (**UPDATE: see blog post 6-10-19 for City of San Diego**) This TOT applies to short term vacation rentals under …
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 …
Unlawful Detainers in California – What a Landlord Should Know (Podcast)
In order to evict a tenant in California, a Landlord must follow the unlawful detainer process in the Civil Code. This can be time consuming and expensive for the landlord since tenants can essentially live rent free in the property during this time. I had the opportunity to be a radio show guest on ESPN 1700 AM Real Talk San …
The Grass Isn’t Always Greener
On September 4, 2015, Governor Jerry Brown signed Assembly Bill 349 into law which amended Civil Code Section 4735 relating to common interest developments under the Davis-Sterling Common Interest Development Act. This amendment, which became effective on September 4, 2015, and will continue to be the law until further amended, makes it unlawful for any common interest development (or homeowners …
The Reasonable Accommodation Request
The Fair Employment and Housing Act (“FEHA”) is California’s counterpart to the Federal Fair Housing Act, and prevents discrimination in housing accommodations due to race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability or genetic information. (California Government Code 12900 et seq). The term “disability” is broadly …
Airbnb – The New Era of Vacation Rentals
Airbnb is the newest online vacation rental service which connects travelers around the globe with hosts of residential properties who desire to rent out their entire property, or a single room in their home, to guests for a limited period of time. The way Airbnb works is that hosts register with the company and create a profile, complete with photos …









