David Schultz Real Estate Investments tries to take advantage of tenants and landlords alike...
First of all tenants take notice: It is illegal for landlords to charge late fees in California (although you should try to never pay your rent late). Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. Civil Code 3302. The following formula(s) are used to calculate late fees in a rental agreement if the landlord has suffered damages by late payment of rent, and can prove said damages: Monthly rent / 3650 x number of days late; OR 10% (LEGAL INTEREST RATE) x monthly rent / 365 days.
Also landlords must follow very strict rules to keep any portion of a tenants security deposit under California Civil Code 1950.5, and bad faith retention or claim of a tenant's security deposition can result in treble punitive damages of twice the amount of the security deposit (CC 1950.5(l)), {which can include a landlord's failure to provide an itemized list, listing why he/she is keeping any of the security deposit - CC 1950.5(g)}. Also, it is illegal for a landlord to collect rent when the unit is not habitable pursuant to California Civil Code 1942.4 (non-habitability can be anything from pests, plumbing issues, non-working windows, not having a deadbolt, not having water or heat, noise from ongoing construction etc)/ Also, it is illegal for a landlord to evict, threaten to evict, intimidate, increase rent, decrease services etc., for improper or retaliatory reasons pursuant to California Civil Code 1942.5 and common law.
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Not sure why my review got to the hidden/"not recommended section". So I am reposting my review. It seems many of the negative reviews for David Schultz Inc, become "not recommended"/not hidden.
David Schultz Real Estate Investments tries to take advantage of tenants and landlords alike...
First of all tenants take notice: It is illegal for landlords to charge late fees in California (although you should try to never pay your rent late). Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] identified late fees as "liquidated damages" within the meaning of Civil Code 1671, and declared them to be illegal and void, absent extraordinary circumstances. Civil Code 3302. The following formula(s) are used to calculate late fees in a rental agreement if the landlord has suffered damages by late payment of rent, and can prove said damages: Monthly rent / 3650 x number of days late; OR 10% (LEGAL INTEREST RATE) x monthly rent / 365 days.
Also landlords must follow very strict rules to keep any portion of a tenants security deposit under California Civil Code 1950.5, and bad faith retention or claim of a tenant's security deposition can result in treble punitive damages of twice the amount of the security deposit (CC 1950.5(l)), {which can include a landlord's failure to provide an itemized list, listing why he/she is keeping any of the security deposit - CC 1950.5(g)}. Also, it is illegal for a landlord to collect rent when the unit is not habitable pursuant to California Civil Code 1942.4 (non-habitability can be anything from pests, plumbing issues, non-working windows, not having a deadbolt, not having water or heat, noise from ongoing construction etc)/ Also, it is illegal for a landlord to evict, threaten to evict, intimidate, increase rent, decrease services etc., for improper or retaliatory reasons pursuant to California Civil Code 1942.5 and common law. read more