Law Office of Jane E. Bednar

I get a lot of questions about landlords not returning tenant security deposits after move-out. Here's what California law says: No later than 21 days after a tenant leaves, the landlord must either refund the entire deposit OR send the balance of the deposit along with a detailed list of deductions AND copies of any receipts and estimates showing the cost of repairs or cleaning. DID YOU KNOW? A landlord can't charge a tenant for repairs caused by "ordinary wear and tear." N...or can you be charged for defects that existed when you moved in. That means a landlord can't charge to replace carpet or blinds that have reached the end of their useful life, because the landlord would have had to replace those things anyway. If a landlord fails to comply with the law, he or she may have to pay the tenant up to TWO TIMES the amount of the security deposit. A tenant can file a small claims lawsuit against the landlord to recover the deposit and any penalty authorized by law. PROTECT YOURSELF: --When moving in, take a careful inventory of any defects and immediately notify the landlord in writing. Photograph any conditions you find. --READ YOUR LEASE to find out what costs you will be responsible for at move-out. --Request a walk-through with the landlord 2 weeks before your move-out date. Before moving out, fix any issues noted during the walk-through and keep records of the repair. --Before you leave, photograph the condition of the apartment. --Make sure you provide a forwarding mailing address to your landlord. Most landlords comply with the law. But a few routinely violate the security-deposit rules. Knowledge is power! Know your rights.

This long-awaited ruling means that beneficiaries who were omitted in a wrongfully procured will or trust have the right to contest the new estate plan in Probate Court.

Memo to unmarried partners: Get it in writing!

Anyone injured by a drug dispensing error can make a claim against the pharmacy. The pressure on pharmacists by large drugstore chains is making errors far more likely. https://www.nytimes.com//pharmacists-medication-errors.htm

This important new law closes a loophole by which some caregivers were able to marry their way into inheriting from an elderly or dependent adult. Under come circumstances, the caregiver-spouse must prove by clear and convincing evidence that the marriage - or changed estate plan - was NOT the result of undue influence or fraud.

How would you feel if you had a diagnosis of a terminal illness in your later years? Would you want to know or not? Read on...

"Between 2020 and 2050, California’s population of over-65 adults will double. Those over 65 will be the fastest growing age group in the state. "In 2006, California launched a pilot for an Assisted Living Waiver (ALW) program with the goal of facilitating transition from nursing facilities to home-like and community-based settings in order to... provide the elderly with a better quality of life and care that better fits their needs. In 2009, the pilot program transitioned into a full program, requiring renewal every five years since then." The program isn't available in all counties yet, but this report outlines a pathway to full implementation. Read more: http://www.canhr.org/reports/2019/Evaluating_the_ALW.pdf

Elder financial abuse is booming, with few government resources allocated to the issue. Although California civil law provides powerful remedies for abuse occurring within the past 4 years, few attorneys take these cases. I'm flooded with calls from families seeking advice and help. Call me if you suspect financial abuse. Free initial consultation.

This issue comes up often where one of several adult children is designated as successor trustee after parents have died. Deep-seated family dynamics can make for plenty of conflict. This article suggests that petitioning to remove a hostile sibling-trustee has risks.

A must-read on a difficult subject. Most elder financial abuse is perpetrated by family members. Learn how to prevent it, spot it, and stop it.