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 …

For Sale By Owner – Do I Really Need An Attorney?

If you are considering selling your home without using a Real Estate Agent or Broker in order to save on commissions, there are three important things you need to know. First and foremost, you absolutely need the assistance of a real estate attorney to ensure the sale is done in compliance with all California laws. Real estate agents cannot give …

State Imposes New Recording Fee for Real Estate Documents

On September 29, 2017, Governor Jerry Brown signed into law Senate Bill 2 which added section 27388.1 to the Government Code.  As of January 1, 2018, all county recorders in the State of California are required to impose a $75 fee to be paid at the time of recording for every real estate document being recorded, and for each parcel …

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 …

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, …

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 …