Legal Updates in Real Estate

bag of money next to up arrow and a model house (inferring housing prices going up)

UPDATE: February 2025 Executive Order on Price Gouging Protections

February 9, 2025
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On February 4, 2025, Governor Gavin Newsom issued Executive Order N-17-25, modifying California’s price gouging protections in response to the Los Angeles and Ventura County wildfires. This order expands price gouging restrictions to all rental housing, regardless of lease length, closing a loophole landlords previously used to avoid these rules. Additionally, it temporarily suspends price gouging restrictions for high-value, four-bedroom single-family homes in select high-rent ZIP codes until March 8, 2025. Notably, Orange County remains fully subject to HUD-based rental calculations where applicable. Understanding these updates is critical for landlords and property managers navigating rental pricing in Newport Beach, Costa Mesa, and beyond.

Navigating Showings and Accessing Tenant-Occupied Property: A Landlord’s Guide When Selling Tenant-Occupied Property

February 4, 2025
devinlucas

Navigating showings and accessing tenant-occupied properties requires a strategic approach. Whether you’re coordinating open houses, dealing with an uncooperative tenant, or considering a cash-for-keys agreement, understanding the legal landscape and best practices can make all the difference. From providing proper notice to leveraging incentives for tenant cooperation, landlords have options to ensure a smooth sales process while staying compliant with California law.

wooden blocks with the word "fees" spelled out.

New Screening Fee Regulations for 2025: Can I Still Charge a Screening Fee or Application Fee???

January 27, 2025
devinlucas

As of January 1, 2025, Assembly Bill 2493 (AB 2493) introduces new requirements for California landlords regarding application screening fees. This law prohibits fees if no rental units are available and mandates refunds for applicants not selected, unless specific criteria are met. Landlords must provide written screening criteria, process applications in order, and issue refunds or credit reports promptly. These changes aim to enhance transparency and fairness in tenant screening. If you own property in Newport Beach or Costa Mesa, Lucas Real Estate can help you navigate these updates and stay compliant.

Navigating Fair Market Rent Calculations During California’s Price Gouging Protections

January 27, 2025
devinlucas

Under California Penal Code Section 396, rental price increases during a declared state of emergency are limited to 10%, with the base rent determined by prior rental history or fair market rent (FMR) as defined by HUD. If a property hasn’t been rented in the past year, the allowable base rent defaults to 160% of the HUD fair market rent. The choice between county-wide FMRs and Small Area FMRs (SAFMRs) depends on local market conditions, with SAFMRs providing more granular, ZIP code-specific data.

judge hammer with "2025" in blocks - new laws for 2025

2025 Landlord-Tenant Law Updates: Key Changes and Compliance Tips For California Landlords

January 19, 2025
devinlucas

New landlord-tenant laws for 2025 include critical updates on application screening fees, tenant credit reporting, security deposit requirements, and lock-change protections. Key provisions include mandatory refunds for unselected applicants, expanded photo documentation for move-in and move-out inspections, and tenant options for reporting positive rental payments to credit agencies. These changes have particular implications for landlords in Newport Beach and Costa Mesa. For expert advice and property management services tailored to help you navigate these updates, contact Lucas Real Estate.

Attention Landlords: New Photo Documentation and Security Deposit Regulations for California Landlords in 2025 (AB 2801)

January 13, 2025
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Navigating AB 2801: A New Era in Landlord Transparency

Starting April 1, 2025, AB 2801 introduces mandatory photo documentation for California landlords at key stages of tenancy, ensuring transparency in security deposit deductions. At Lucas Real Estate, we’ve long embraced this best practice, photographing properties before and after tenancies, as well as post-repair or cleaning. Whether you’re managing your own property or need expert guidance, our property management services in Newport Beach, Costa Mesa, and beyond help you stay compliant while protecting your investment.

2025 IRS Gift and Estate Tax Limits Reach Historic Highs: $13,990,000 Lifetime Exclusion and $19,000 Annual Gift Exclusion – Changes Loom in 2026

January 12, 2025
devinlucas

2025 IRS Gift and Estate Tax Limits Reach Historic Highs

The IRS has raised the lifetime gift and estate tax exclusion to a record-breaking $13,990,000 per person for 2025, with the annual gift exclusion increasing to $19,000 per recipient. These high thresholds offer a unique opportunity for substantial tax-free gifting and estate planning, but they are set to revert to much lower levels in 2026 unless Congress acts. Learn how to maximize these benefits while they last, especially if you own high-value real estate in Newport Beach, Costa Mesa, or the surrounding areas.

2025 Capital Gains Tax Guide: Key Insights for Real Estate Sellers in Coastal Orange County

January 8, 2025
devinlucas

Capital Gains Tax Rates for 2025: What Home Sellers Need to Know

Planning to sell your home in Newport Beach, Costa Mesa, or other high-value areas in 2025? Stay informed about the updated capital gains tax rates. For 2025, single filers can enjoy a 0% rate for gains up to $48,350, with higher rates applying to gains above this threshold. Married couples filing jointly benefit from a 0% rate up to $96,700. Learn how the IRS Section 121 Exclusion can save you $250,000 to $500,000 in taxable gains. Don’t overlook additional taxes like California’s income tax, which can push your total tax rate to 37.1%. Contact Lucas Real Estate for expert guidance on real estate sales and tax implications.

What Is Title Insurance and Why Is It Important?

January 6, 2025
devinlucas

Discover the importance of title insurance for your Newport Beach or Costa Mesa real estate transactions. Learn how it protects your property rights, prevents legal disputes, and ensures a smooth home-buying process. Trust Lucas Real Estate for expert guidance and peace of mind.

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When Are Sellers Exempt From Certain Disclosures in California Real Estate?

November 19, 2024
devinlucas

California law requires real estate sellers to disclose known material facts about their property, even when certain exemptions apply. While some sellers—like trustees, fiduciaries, or those involved in court-ordered sales—may be exempt from completing forms such as the Transfer Disclosure Statement (TDS), they are still obligated to disclose any defects that could impact the property’s value. Learn how exemptions work, when they apply, and why tools like the Exempt Seller Disclosure Form are essential for compliance. For trustees, explore our detailed guide to their specific disclosure requirements. Whether you’re selling in Newport Beach, Costa Mesa, or other coastal Orange County communities, Lucas Real Estate ensures your transaction is smooth, compliant, and stress-free.

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