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outlier_lynn

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June 19th, 2012

outlier_lynn: (Default)
Tuesday, June 19th, 2012 09:34 am
Human beings don't seem very happy with a happy median. I look at the "conservative agenda" and I see this: Caveat Emptor. Okay, it is way more than that. It really is "Watch out for your self and leave the rest of us out of it." I am very attracted to that philosophy. In my perfect world, this would be the way of things. But my perfect world only works if we have perfect people. We don't.

When I look at the "liberal agenda" I don't quite see the opposite. The opposite would be "Everyone watch out for everybody else." But the liberals know that won't work, they are quite sure that the fish need to be protected from the sharks. Even the fish that are in no danger from the sharks.

Here at work, we are discussing how to fill a routine request from clients. We receive many calls from landlords wanting a lease form they can use. Property managers don't need that from us; they have their forms. But small time landlords want one. The problem is this: state and local governments have passed laws and regulations demanding that a lease have clauses explaining the rights of the renter. In California, a lease must have certain code sections spelled out and it varies from location to location.

There is no feasible way for us to have up to date leasing forms that comply with the jurisdictional requirements around the country. The "liberal agenda" is responsible for this. It does not actually accomplish the goal of protecting the renter, though. The average renter and the average landlord have no idea what all that legalize actually means. No concept or the wrong concept.

I was discussing with Stacey the value of a lease and the perceptions of the parties. In general, for residential leasing, the renter should want a lease and the landlord should want month-to-month rental agreements. But, mostly, I think, people have it backwards. It is a different ball of wax for commercial leasing, but for residential, it is in the landlords best interest to avoid leases and in the tenants best interest to insist.

In California, if you are in a rent control area, you might have a 8-page lease to cover all the required code sections. So many sections are required that it is nearly impossible to avoid conflicting rules and legal requirements making it impossible for the tenant or landlord to fully comply with the terms of the lease that neither party actually understands.

It is all rather amazing.