Tag Archives: Tenant

COPYRIGHT LAWS

It is probably fair to say they nearly every religious service plays music or sings songs that they did not write. In today’s digital world, information can be obtained from the internet such as music, lyrics, graphics, and pictures with ease. In doing so, few if any think of the possible ramifications of infringing upon the copyrights of another. What follows is a brief synopsis of the rules of law which pertain to the use of copyrighted materials during church services and may not apply to Sunday School or other […]

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COVID-19: Places of Worship and Providers of Religious Services and Cultural Ceremonies

The following was obtained from and provided by the State of California, the California Department of Public Health and the California Department of Industrial Relations.   Purpose: This document provides guidance for places of worship and providers of religious services and cultural ceremonies (referred to collectively as “places of worship”) to support a safe, clean environment for employees, interns and trainees, volunteers, scholars, and all other types of workers (referred to collectively as “staff”) as well as congregants, worshipers, visitors, etc. (referred to collectively as “visitors” or “congregants”). This guidance […]

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600MHz Wireless Microphone Band

The FCC has issued new rules which take effect on July 13, 2020, that will require you to cease the use of wireless microphones that operate in the 600 MHz service band. This may result in some equipment changes for churches, schools, and other users of such devices. Background: To meet the increasing demand for wireless broadband services nationwide, the FCC recently auctioned spectrum that had been licensed to broadcast television stations. As a result,  the availability of spectrum for wireless microphone operation on the 600 MHz frequencies, specifically the […]

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Churches and For-Profit Tenants

It often becomes necessary for a church to seek out tenants in order to meet the financial needs of the congregation. Some are happy to open their doors to other churches, while other desire schools or other groups to make better use of their facilities. Regardless of the approach, the type of tenant sought after can make a world of difference regarding your property taxes, especially if the tenant is a for-profit organization. The following is a brief overview and the proper professional should be consulted as the laws in […]

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Residential and Commercial Eviction Limitations and Moratoriums During the COVID-19

The following information was provided by the California Business, Consumer Services, and Housing Agency. This guidance is directed to landlords regarding eviction of tenants during the COVID-19 pandemic and to local jurisdictions considering instituting restrictions or moratoriums on residential or commercial evictions as a means of offering relief to individuals or business affected by the pandemic. Background: COVID-19 is a respiratory illness caused by a novel virus that has been spreading worldwide. Community-acquired cases have now been confirmed in California. We are gaining more understanding of COVID-19’s epidemiology, clinical course, […]

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Evicting Church Tenants

Unfortunately, it sometimes becomes necessary to evict a church tenant. This may result from failing to pay rent, or otherwise not abiding by the terms and conditions of the agreement. Regardless of the reason, the steps for a contested or necessary eviction are the same and must be followed precisely. An eviction or Unlawful Detainer of a church tenant follows the statutes set forth for a commercial tenancy which varies greatly from that of a residential tenancy. Please note that in California, it is the Sheriff’s department that does the […]

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Removing Fixtures – from a church or otherwise

Tenants love to improve the facilities they rent by either painting the walls, installing new carpet, or mounting a video projector and screen for their Sunday service, or otherwise. In most instances, the landlord church has no problem with these improvements. The trouble however, arises at the end of the rental term when the tenant wants to remove their expensive video projector, but the landlord wants it to remain as a fixture attached to the property. If the rental agreement in silent in this regard, who gets the projector and […]

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Security Deposits

Unlike residential security deposits, commercial deposits held to secure a rental agreement can be negotiated between the parties. The laws governing residential property and the handling of security deposits are long and tedious. Commercial tenancies however are much more negotiable in that the parties may mutually agree on any amount to be designated as security. Security Deposit: California Civil Code Section 1950.7 establishes that a commercial landlord may use a security deposit to remedy monetary defaults, to repair damages to the premises caused by a tenant, and to clean the […]

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General Liability Insurance

Nearly all agreements which involve the use of real property require liability insurance in one form or another. Once we get through the general terms of use, most of the questions I receive come in the area of insurance. Insurance requirements are often the most misunderstood and over-looked areas of real property. What follows is a simplified explanation intended to answer to most-often asked questions relating to real property. Insurance Requirements: The simple truth is that requiring a tenant or other user of your property to have insurance serves the […]

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