Evicting Church Tenants

Church Real EstateChurch Real Estate, Commercial Tenant, Eviction, Landlord, Notice To Quit, Rental Agreement, Self-Help, Tenant, Unlawful Detainer

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 […]

Digital Signatures

Legal GuidesChurch Real Estate, Digital Signature, Electronic Signature, Statute Of Frauds, Uniform Electronic Transactions Act

First and Foremost, the use or acceptance of a digital signature shall be at the option of the parties. Under California law, certain types of contracts must be in writing in order to be enforceable. As per the Statute of Frauds and codified by California Civil Code §1624, the following must be in writing and signed by the party to be charged: (i) a contract involving the sale of goods $500 or more; (ii) consideration of marriage; (iii) Contracts by the executor of a will to pay a debt of […]

Restricted Donations

Church Formation & GovernanceAttorney General, Church Real Estate, Deduction, Donation, Fiduciary Duty, Internal Revenue Service, Restricted Donation, Tax Exempt

Churches, like all nonprofit organizations, rely upon monetary donations in order to carry out their basic functions. In particular, it is these donations that enable the church to literally keep its lights on. Similar to the article about members taking deductions for the donations they contribute; this article focuses on what the church may do with the funds it receives. Please note that this article does not address fundraising through Bingo or Raffles. Unrestricted Funds: In most instances, a member simply donates funds to be used towards the general operations […]

Removing Fixtures – from a church or otherwise

Church Real EstateAffixed To Land, Church Real Estate, Fixtures, Personal Property Tenant Improvements, Security Deposit, Tenant, Trade Fixture

When can a church tenant remove fixtures they installed? Guide to California fixture law, trade fixtures, and tenant improvements. Learn the three-part test courts use to determine if personal property has become a fixture, and how to protect your church with proper lease language.

Real Property Fraud

Legal GuidesChurch Financing, Church Real Estate, Escrow, Foreclosure, Loan Modification, Misrepresentation, Mortgage Fraud, Title Transfer, Wire Fraud, Wire Instructions

The information below pertains only to real property as opposed to personal property. As a property owner, you should be diligent in regard to your property and finances. What follows is important information provided by the FB Wire Fraud: All parties to a real estate transaction are potential targets of wire fraud and may lose hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, it is strongly […]

Church Financing California – Loans, Bonds & Funding Options

Church Real EstateChurch Bond, Church Financing, Church Real Estate, Endowment, Seller Financing, Unsecured Loans

Guide to church financing options in California. Learn why most banks won’t lend to churches, and explore alternatives including secured loans, bridge loans, seller financing, church bonds, and endowment funding. We are not loan originators or brokers.

Clouds on Title (Ownership) to Real Property

Legal GuidesChain of Title, Church Real Estate, Clear title, Deed, Grandfathered, Grantee, Joint Tenancy, Marketable Title, Right of survivorship, Tenancy in Common, title, Title Insurance

Real Property values will always fluctuate over time, but the one that is often overlooked is the marketability of the Property. Every contract for the conveyance of Real Property contains an implied warranty that the Title will be delivered reasonably free from doubt of hazards to litigation either in fact or law. Although Title need not be perfect, it must not expose the reasonable buyer to the hazards of litigation. One sure way to inhibit your ability to sell your Property is to allow a cloud on the Title to […]

Security Deposits

Church Real EstateChurch Real Estate, default, key money, Landlord, Tenant

Commercial security deposits work differently than residential ones. Learn what California Civil Code §1950.7 allows landlords to deduct, and the deadlines for returning a tenant’s deposit.

General Liability Insurance

Church Safety & ComplianceAdditional insured, Indemnity, Liability insurance, Tenant, Waiver of Subrogation, Workers' Compensation

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 […]

Churches and Nonconforming Use

Property & Land UseConditional Use Permit, Grandfathered, Nonconforming Use, zoning

Two of the most common terms that we hear when working with churches are Conditional Use Permits and Grandfathered in. Although there seems to be a basic understanding of zoning and how it relates to a use being Grandfathered in, most need further explanation as to how it will affect their church in the future as a legal nonconforming use. Zoning: All property has an underlying or specific zone wherein the City or County has set forth in its General Plan for all zones within their jurisdiction. These zones indicate […]

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