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All Forum Posts by: Jeff Willis

Jeff Willis has started 5 posts and replied 212 times.

You are talking to the wrong people at Comcast. You want their business products, not their consumer products.  https://business.comcast.com/

I did this at one of my multi-family units about four years ago. I have WiFi security cameras and other monitoring. The service is in a business name. The bill comes to my business address. It was handled all over the phone. All they needed was a place to install, which was a utility room and someone to meet the installer.

FYI, in So Cal, Comcast is now Spectrum.

I have to agree with @Mitch Messer

You are not "big brother" and you do not want to get into that business.  Your liability exposure is enormous. If you control the WiFi you are responsible for everything that transpires through it. You do not have the protections of 47 U.S.C. § 230, since you are not an ISP.

 I personally know of a case where a person provided free WiFi to their short term rentals. He did not install the necessary digital protections.  The renters began streaming bootleg movies and music. About three months after they moved out, he received a Cease & Desist notice from RIAA (or similar) and a demand for $125,000 in as an offer for settlement for illegally streaming protected content, basically a violation of copyright without payment. He hired an attorney and settled for $10,000 and the attorney cost him $23,000. This was an expensive mistake.

Yes, you are responsible for what is streamed on a network you own, manage, and control. There are many court cases on this exact issue. Take it a step further - what about child porn?

How did they locate him? RIAA (or similar) serve a subpoena on the streamer and gets all logs, or the information is obtained via other means. The logs have IP addresses of who streamed what. That IP address will come back to your ISP (say Spectrum for example). The logs at spectrum will say the IP address was assigned to you at that particular time. And Spectrum will provide your name and other information. Naturally, all information will be provided pursuant to proper legal process.  

If you are going to provide WiFi, then you need the proper protections in place such as a commercial firewall with a content filter. You can set what can and can not be accessed. You also need to enable "guest WiFi" where the tenant must go through a "click-through" and actively agree to your terms and conditions to obtain access.

If you want to do it properly, I would look at the Ubiquity line of products. They are reasonably priced and will perform what you need. DO NOT use the crap provided by your internet provider.

Post: Credit for uninhabitable days

Jeff WillisPosted
  • CA & NV
  • Posts 215
  • Votes 378

You have to ask yourself; "was her displacement through no fault of her own?"  Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an "implied warranty of habitability." Some states actually codify this. 

If there is mold, it falls directly on you and is your responsibility for remediation. Mold is a big issue

Instead of worrying about crediting for the rent. I would be more concerned about the tenant suing you. There are law firms that specialize in suing landlords over mold issues

If it was me, I would give her credit for a waiver of liability.

@Anna Buffkin

Thanks. I am now more educated. Those damn lawyers have to be involved in everything (I can say that, my wife is attorney)

...and then you woke up and all was ok. This is "Murphy's Law" as defined. "Anything that can go wrong will go wrong"

On a different note and maybe because we do things differently in the West. What is this "my husband tells me he can't make the closing due to a school testing"  Do you have to appear for a closing? Out here the Escrow company sends a Notary to my office and we sigh here. I set the time I want them to arrive. Everything else is done by DocuSign.

Post: Permanent Fixtures Question

Jeff WillisPosted
  • CA & NV
  • Posts 215
  • Votes 378

I am saying NO (at least I would not consider it permanent and I would not even worry about it). It is wireless, can be removed, the Ring account is in the name of the tenant and is security based.

take a look at https://www.thebalance.com/what-is-a-fixture-1798556

I am not sure why you have to prove "I didn’t owe anything." The court did that for you based on the judgment.  Attorney fees are only recoverable for certain causes of action as allowed by statue or by the terms of an agreement.

It cost you $1,650 to set aside a $7,300 default judgment. You won, move on.

@Nathan Gesner is on point. California as NOT friendly to landlords. I (and my family) have been in the California market since the '60s. We have an exit strategy and have been slowly disposing of our inventory. All I suggest is that you be well aware of all the laws and ordinances before you do anything.

Below are a few informational links, samples, not all-inclusive.

https://www.hud.gov/states/california/renting/tenantrights

https://www.multihousingnews.com/post/5-things-to-know-about-californias-new-rent-control-law/

https://dcba.lacounty.gov/portfolio/rent-control/

There are organizations in California that will represent tenants in any landlord/tenant matter, and often at no cost to the tenant.  I have dealt with these law firms and they enjoy what they do. 

https://wclp.org/affordable-housing/?gclid=Cj0KCQjwlJfsBRDUARIsAIDHsWqi8U1Jh-yAHir8hCabDhpjChq7VhuYDL4TPtGcHc2_dacS2yuBqHgaAly8EALw_wcB

In some states, a security deposit CAN NOT be used for rent. Look at this article

https://www.rentprep.com/security-deposits/can-security-deposit-be-used-for-unpaid-rent/

Post: Need Help with Tenant Issue

Jeff WillisPosted
  • CA & NV
  • Posts 215
  • Votes 378

The first thing the attorney will ask you is who owns the fence. The easiest way to tell, though not 100% accurate, is the side of the fence that the poles or posts are on is usually the party that owns the fence. If you own the fence, then talk to your insurance and an attorney and they wil tell you to put up a new one. If it is not your fence, then the other property owner has the responsibility for the fence.

It is up to the tenant to seek redress from the neighbor. As @Russ B. mentioned. the pit bulls mak have special limitations. Call the local Animal Regulation for the answer and to file any complaints. this is not a police issue.