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August 2014 Archives

California's New Commercial Lease CASp Disclosure Requirement: Costs and Benefits to Owners, Landlords, and Tenants

At the end of 2012, a new law went into effect requiring all commercial leases executed on or after July 1, 2013 to contain an additional disclosure. Civil Code section 1938 requires a commercial property lessor - meaning a property owner/landlord - to disclose whether a Certified Access Specialist, referred to as a "CASp," has inspected the leased premises. CASps are trained by a State of California program to inspect and render professional opinions to property owners, landlords, and tenants, as to whether a property complies with construction-related accessibility standards under state and federal law - for example, the California Building Code and the Americans with Disabilities Act. Under Civil Code section 55.53, CASps are required to write a written report after inspecting a property that states whether it complies with all construction-related accessibility standards. If the property does not comply, the report describes what conditions need correction and provides a schedule with a "reasonable timeframe" for such corrections.

Separate and Apart, Yet Together: When financially strapped couples opt not to file for divorce right away

As the economy plunged into a deep abyss in 2011, married couples came under financial strain. Intuitively, it would seem that divorce rates would increase due to the added stress. However, just the opposite was true. According to the CDC, divorce rates declined from 2008 to 2011. Many couples decided that they simply could not afford to get divorced. Some even continued to live together, but with the understanding that they were not committed to each other anymore. Now that the economy has somewhat recovered, and people are beginning to feel optimistic about their financial futures, some of these couples are finally filing for divorce.

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