Tuesday, July 25, 2006

Thirty years ago, custom, not law, controlled how most landlords and tenants interacted with each other. This is no longer true.

Today, whether you focus on leases and rental agreements; habitability; discrimina-tion; the amount, use and return of security deposits; how and when a landlord may enter a rental unit; or a dozen other issues, both landlord and tenant must understand their legal rights and responsibilities.

Because landlord-tenant laws vary significantly depending on where you live, remember to check your state and local laws for specifics. A list of state landlord-tenant statutes is in-cluded at the end of this chapter. You can read the state status of all but one state (Louisiana) online.

Leases and Rental Agreements It’s important to carefully read—and fully understand—the terms of your lease or rental agreement. This piece of paper is the contract that forms the legal basis for the landlord-tenant relationship.

Why is it important to sign a lease or rental agreement? The lease or rental agreement is the key document of the tenancy, setting out important issues such as:
• the length of the tenancy
• the amount of rent and deposits the tenant must pay
• the number of people who can live on the rental property
• who pays for utilities
• whether the tenant may have pets
• whether the tenant may sublet the property
• the landlord’s access to the rental property
• who pays attorney fees if there is a lawsuit.

Leases and rental agreements should always be in writing, even though oral agreements for less than a year are enforceable in most states. While oral agreements may seem easy and informal, they often lead to dis-putes. If a tenant and landlord later disagree about key agreements, such as whether or not the tenant can sub-let, the end result is all too likely to be a court argument over who said what to whom, when and in what context.

What’s the difference between a rental agreement and a lease? The biggest difference is the period of occupancy. A written rental agree-ment provides for a tenancy of a short period (often 30 days).

The tenancy is automatically renewed at the end of this period unless the tenant or land-lord ends it by giving written notice, typically 30 days. For these month-to-month rentals (meaning the rent is paid monthly), the landlord can change the terms of the agreement with proper written notice, subject to any rent control laws.

This notice is usually 30 days, but can be shorter in some states if the rent is paid weekly or bi-weekly or if the landlord and tenant agree. In some states, the rental period is longer.

A written lease, on the other hand, gives a tenant the right to occupy a rental unit for a set term—most often for six months or a year, but some-times longer—if the tenant pays the rent and complies with other lease provisions. Unlike a rental agreement, when a lease expires it does not usu-ally automatically renew itself.

A ten-ant who stays on with the landlord’s consent will generally be considered a month-to-month tenant. In addition, with a fixed-term lease, the landlord cannot raise the rent or change other terms of the ten-ancy during the lease, unless the changes are specifically provided for in the lease or the tenant agrees.

What happens if a tenant breaks a long-term lease?

As a general rule, a tenant may not legally break a lease unless the land-lord significantly violates its terms— for example, by failing to make neces-sary repairs, or by failing to comply with an important law concerning health or safety.

A few states have laws that allow tenants to break a lease because health problems or a job relocation require a permanent move. A tenant who breaks a lease with-out a legally recognized cause will be responsible for the remainder of the rent due under the lease term.

In most states, however, a landlord has a legal duty to try to find a new tenant as soon as possible—no matter what the tenant’s reason for leaving—rather than charge the tenant for the total remaining rent due under the lease. At that point, the old tenants’ respon-sibility for the rent will stop.

When can a landlord legally break a lease and end a tenancy?

Usually, a landlord may legally break a lease if a tenant significantly violates its terms or the law—for example, by paying the rent late, keeping a dog in violation of a no-pets clause in the lease, substantially damaging the property or participating in illegal activities on or near the premises, such as selling drugs.

Usually a landlord must first send the tenant a notice stating that the tenancy has been terminated. State laws set out very detailed require-ments as to how a landlord must write and deliver (serve) a termination no-tice. Depending on what the tenant has done wrong, the termination no-tice may state that the tenancy is over and warn the tenant that he or she must vacate the premises or face an eviction lawsuit.

Or, the notice may give the tenant a few days to clean up his or her act—for example, pay the rent or find a new home for the dog. If the tenant fixes the problem or leaves as directed, no one goes to court. If a tenant doesn’t comply with the termination notice, the landlord can file a lawsuit to evict the tenant.

Thursday, July 20, 2006

Credit, ATM, and Debit Cards: What To Do If They're Stolen

Many people find it easy and convenient to use credit cards and ATM or debit cards. Th e Fair Credit Billing Act (FCBA) and the Electronic Fund Transfer Act (EFTA) offer procedures for you to use if your cards are lost or stolen.

Limiting Your Financial Loss
Report the loss or theft of your credit cards and your ATM or debit cards to the card issuers as quickly as possible. Many companies have toll-free numbers and 24-hour service to deal with such emergencies. It’s a good idea to follow up your phone calls with a letter. Include your account number, when you noticed your card was missing, and the date you fi rst reported the loss. You also may want to check your homeowner’s insurance policy to see if it covers your liability for card thefts. If not, some insurance companies will allow you to change your policy to include this protection.

Credit Card Loss or Fraudulent Charges
(FCBA). Your maximum liability under federal law for unauthorized use of your credit card is $50. If you report the loss before your credit cards are used, the FCBA says the card issuer cannot hold you responsible for any unauthorized charges. If a thief uses your cards before you report them missing, the most you will owe for unauthorized charges is $50
per card. Also, if the loss involves your credit card number, but not the card itself, you have no liability for unauthorized use.

Wednesday, July 19, 2006

Save Money! Know Your Rights As A Consumer Part #3

First Mortgage Loans
Although your monthly payment may be higher, you can save tens of thousands of dollars in interest charges by shopping for the shortestterm mortgage you can afford. For each $100,000 you borrow at a 7% annual percentage rate (APR), for example, you will pay over $75,000 less in interest on a 15-year fixed rate mortgage than you would on a 30-year fixed
rate mortgage.

You can save thousands of dollars in interest charges by shopping for the lowest-rate mortgage with the fewest points. On a 15-year $100,000 fixed-rate mortgage, just lowering the APR from 7% to 6.5% can save you more than $5,000 in interest charges over the life of the loan, and paying two points instead of three would save you an additional $1,000.

Check the Internet or your local newspaper for mortgage rate surveys, then call several lenders for information about their rates (APRs), points, and fees. If you choose a mortgage broker, make certain to compare their offers with those of direct lenders.

Be aware that the interest rate on most adjustable rate mortgages (ARMs) can vary a great deal over the lifetime of the loan. An increase of several percentage points might raise payments by hundreds of dollars a month, so ask the lender what
the highest possible monthly payment might be.

Mortgage Refinancing
Consider refinancing your mortgage if you can get a rate that is lower than your existing mortgage rate and plan to keep the new mortgage for at least several years. Calculate precisely how much your new mortgage (including points, fees and closing costs) will cost and whether, in the long run, it will cost less than your current mortgage.

Home Equity Loans
Be cautious in taking out home equity loans. The loans reduce or may even eliminate the equity that you have built up in your home. (Equity is the cash you would have if you sold your house and paid off your mortgage loans.) If you are unable to make payments on home equity loans, you could lose your home.

Compare home equity loans offered by at least four reputable lending institutions. Consider the interest rate on the loan and the annual percentage rate (APR), which includes other costs, such as origination fees, discount points, mortgage
insurance, and other fees. Ask if the rate changes, and if so, how it is calculated and how frequently, as this will affect the amount of your monthly payments.

Home Purchase
You can often negotiate a lower sale price by employing a buyer broker who works for you, not the seller. If the buyer broker or the broker’s firm also lists properties, there may be a conflict of interest, so ask them to tell you if they are
showing you a property that they have listed.

Do not purchase any house until it has been examined by a home inspector that you selected. Renting a Place to Live

Do not limit your rental housing search to classified ads or referrals from friends and acquaintances. Select buildings where you would like to live and contact their building manager or owner to see if anything is available.

Remember that signing a lease probably obligates you to make all monthly payments for the term of the agreement.

Home Improvement
Home repairs often cost thousands of dollars and are the subject of frequent complaints. Select from among several well established, licensed contractors who have submitted written, fixed-price bids for the work.

Do not sign any contract that requires full payment before satisfactory completion of the work.

Home Appliances
Consult Consumer Reports, available in most public libraries, for information about specific appliance brands and models and how to evaluate them, including energy use. There are often great price and quality differences. Look for the yellow Energy Guide label on products, and especially for products that have earned the government’s ENERGYSTAR, which can save up to 50% in energy use.

Once you’ve selected a specific brand and model, check the Internet or yellow pages to learn what stores carry the brand. Call at least four of these stores to compare prices and ask if that’s the lowest price they can offer you. This comparison shopping can save you as much as $100 or more.

Heating and Cooling
A home energy audit can identify ways to save up to hundreds of dollars a year on home heating (and air conditioning). Ask your electric or gas utility if they audit homes for free or for a reasonable charge. If they do not, ask them to refer you to a qualified professional.

Enrolling in load management programs and off-hour rate programs offered by your electric utility may save you up to $100 a year in electricity costs. Call your electric utility for information about these cost-saving programs. Telephone Service

Phone Services
Once a year, review your phone bills for the previous three months to see what local, local toll, long distance, and international calls you normally make. Call several phone companies which provide service in your area (including wireless and cable), to find the cheapest calling plan that meets your needs. Consider a bundled package that offers local, local toll and long distance, and possibly other services, if you heavily use all the services in the bundle.

Check your phone bill to see if you have optional calling features or additional services, such as inside wire maintenance, that you don’t need. Each option you drop could save you $40 or more each year.

If you make very few toll or long distance calls, avoid calling plans with monthly fees or minimums. Or consider disconnecting the service altogether and use dial around services such as 10-10 numbers or prepaid phone cards for your calls. When shopping for dial around service, look for fees, call minimum, and per minute rates. Treat prepaid cards as cash and find out if there is an expiration date.

If you use a cell phone, make sure your calling plan matches the pattern of calls you typically make. Understand peak calling periods, area coverage, roaming, and termination charges. Contracts offered by most carriers will provide you with a trial period of 14 days or more. Use that time to make sure the service provides coverage in all the places you will be using the phone (home, work etc.). Prepaid wireless plans tend to have higher per minute rates and fees but may be a better option if you use the phone only occasionally.

Before making calls when away from home, compare per minute rates and surcharges for cell phones, prepaid phone cards, and calling card plans to find how to save the most money.

Dial your long distance calls directly. Using an operator to place the call can cost you up to $10 extra. To save money on information calls, look the number up on the Internet, or in the directory.

Food Purchased at Markets
You can save hundreds of dollars a year by shopping at lower-priced food stores. Convenience stores often charge the highest price.

You will spend less on food if you shop with a list, take advantage of sales, and purchase basic ingredients, rather than pre-packaged components or ready-made items.

You can save hundreds of dollars a year by comparing price-per-ounce or other unit prices on shelf labels. Stock up on those items with low per-unit costs.

Prescription Drugs
Since brand name drugs are usually much more expensive than their generic equivalents, ask your physician and pharmacist if a less expensive generic or an over the counter alternative is available.

Since pharmacies may charge widely different prices for the same medicine, call several. When taking a drug for a long time, also consider calling mail-order pharmacies, which often charge lower prices.

Funeral Arrangements
Plan ahead, making your wishes known about your funeral, memorial, or burial arrangements in writing to save your family or estate unnecessary expense.

For information about the least costly options, which may save you several thousand dollars, contact a local Funeral Consumer Alliance or memorial society, which are usually listed in the Yellow Pages under funeral services.

Before selecting a funeral home, call several and ask for prices of specific goods and services, or visit them to obtain an itemized price list. You are entitled to this information by law.

Save Money! Know Your Rights As A Consumer Part #2

Gasoline
You can save hundreds of dollars a year by comparing prices at different stations, pumping gas yourself, and using the lowest-octane called for in your owner’s manual.

You can save up to $100 a year on gas by keeping your engine tuned and your tires inflated to
their proper pressure. For most kinds of purchases, you can get valuable advice and comparisons on the Internet. Ask a librarian or friends which Internet sites they think are helpful, or you can use a search engine like Google or Yahoo. Be aware that information you find is often biased. At many websites, the only products or sellers listed are ones that pay to
advertise. Before buying anything on the Internet, check several websites and make sure you deal with reputable dealers.

Car Repairs
Consumers lose billions of dollars each year on unneeded or poorly done car repairs. The most important step that you can take to save money on these repairs is to find a skilled, honest mechanic. Before you need repairs, look for a mechanic who:
• is certified and well established;
• has done good work for someone you know; and
• communicates well about repair options and costs.

Auto Insurance
You can save several hundred dollars a year by purchasing auto insurance from a licensed, lowprice insurer. Call your state insurance department for a publication showing typical prices charged by different companies. Then call at least four of the lowest-priced, licensed insurers to learn what they would charge you for the same coverage.

Talk to your agent or insurer about raising your deductibles on collision and comprehensive coverage to at least $500 or, if you have an old car, dropping this coverage altogether. This can save you hundreds of dollars on insurance premiums.

Make certain that your new policy is in effect before dropping your old one.

Homeowner/Renter Insurance
You can save several hundred dollars a year on homeowner insurance and up to $50 a year on renter insurance by purchasing insurance from a low-price, licensed insurer. Ask your state insurance department for a publication showing typical prices charged by different licensed companies. Then call at least four of the lowest priced insurers to learn what they would charge you. If such a publication is not available, it is even more important to call at least four insurers for price quotes.

Make certain you purchase enough coverage to replace the house and its contents. “Replacement” on the house means rebuilding to its current condition.

Make certain your new policy is in effect before dropping your old one.

Life Insurance
If you want insurance protection only, and not a savings and investment product, buy a term life insurance policy.

If you want to buy a whole life, universal life, or other cash value policy, plan to hold it for at least 15 years. Canceling these policies after only a few years can more than double your life insurance costs.

Check the National Association of Insurance Commissioners website (www.naic.org/cis ) or your local library for information on the financial soundness of insurance companies.

Checking Accounts and Debit Cards
You can save more than $100 a year in fees by selecting a free checking account or one with no minimum balance requirement. Request a complete list of fees that are charged on these accounts, including ATM and debit card fees.

See if you can get free or lower cost checking through direct deposit or agreeing to ATM only use. Be aware of charges for using an ATM not associated with your financial institution.

Savings Products
Before opening a savings account, find out whether the account is insured by the federal government (FDIC for banks or NCUA for credit unions). Financial institutions offer a number of products, such as mutual funds and annuities, which are not insured.

Once you select a type of savings account, use the telephone, newspaper, and Internet to compare rates and fees offered by different financial institutions, including those outside your city. These rates can vary a lot and, over time, can significantly affect interest earnings.

To earn the highest return on savings (annual percentage yield) with little or no risk, consider certificates of deposit (CDs) or U.S. Savings Bonds (Series I or EE).

Credit Cards
To avoid late payment fees and possible interest rate increases on your credit cards, make sure you send in your payment a week to ten days before the statement due date. Late payments on one card can increase fees and interest rates on other cards.

You can avoid interest charges, which may be considerable, by paying off your entire bill each month. If you are unable to pay off a large balance, pay as much as you can. Try to shift the remaining balance to a credit card with a lower annual percentage rate (APR). You can find listings of credit card plans, rates, and terms on the Internet, in personal finance magazines, and in newspapers.

Be aware that credit cards with rebates, cash back, travel awards, or other perks may carry higher rates or fees.

Auto Loans
To save as much as several thousand dollars in finance charges, pay for the car in cash or make a large down payment. Always get the shortest term loan possible as this will lower your interest rate.

Make certain to get a rate quote (or preapproved loan) from your bank or credit union before seeking dealer financing. You can save as much as $1000 in finance charges by shopping for the cheapest loan.

Make certain to consider the dollar difference between low-rate financing and a lower sale price. Remember that getting zero or low-rate financing from a dealer may prevent you from getting the rebate.

Save Money! Know Your Rights As A Consumer Part #1

For most kinds of purchases, you can get valuable advice and comparisons on the Internet. Ask a librarian or friends which Internet sites they think are helpful, or you can use a search engine like Google or Yahoo. Be aware that information you find is often biased. At many websites, the only products or sellers listed are ones that pay to advertise. Before buying anything on the Internet, check several websites and make sure you deal with reputable dealers.

Airline Fares
Compare low-cost carriers with major carriers that fly to your destination. Remember, the best fares may not be out of the airport closest to you.

You may save by including a Saturday evening stay-over or by purchasing the ticket at least 14 days in advance. Ask which days of the week and times of the day have the lowest fare.

Even if you are using a travel agent, check airline and Internet travel sites, and look for special deals. If you call, always ask for the lowest fare to your destination.

Car Rental
Since car rental rates can vary greatly, compare total price (including taxes and surcharge) and take advantage of any special offers and membership discounts.

Rental car companies offer various insurance and waiver options. Check with your automobile insurance agent and credit card company in advance to avoid duplicating any coverage you may already have.

New Cars
You can save thousands of dollars over the lifetime of a car by selecting a model that combines a low purchase price with low depreciation, financing, insurance, gasoline, maintenance, and repair costs. Ask your local librarian for new car guides that contain this information.

Having selected a model and options you are interested in, you can save hundreds of dollars by comparison shopping. Get price quotes from several dealers (over the phone or Internet) and let each know you are contacting the others.

Remember there is no “cooling off” period on new car sales. Once you have signed a contract, you are obligated to buy the car.

Used Cars
Before buying any used car:
• Compare the seller’s asking price with the average retail price in a “bluebook” or other guide to car prices which can be found at many libraries, banks, and credit unions.
• Have a mechanic you trust check the car, especially if the car is sold “as is.”

Consider purchasing a used car from an individual you know and trust. They are more likely than other sellers to charge a lower price and point out any problems with the car.

Auto Leasing
Don’t decide to lease a car just because the payments are lower than on a traditional auto loan. The leasing payments are lower because you don’t actually own the car.

Leasing a car is very complicated. When shopping, consider the price of the car (known as the capitalized cost), your trade-in allowance, any down payment, monthly payments, various fees (excess mileage, excess “wear and tear,” end-oflease), and the cost of buying the car at the end of the lease. Avaluable source of information about auto leasing can be found in Keys to Vehicle Leasing: AConsumer Guide, which is published by the Federal Reserve Board and Federal Trade Commission.

Thursday, July 13, 2006

Red Buttons Dead

Red Buttons (born February 5, 1919 - July 13, 2006) was the stage name of American comedian and actor Aaron Chwatt. He won an Academy Award for his portrayal of Airman Joe Kelly in Sayonara (1957).
Contents
[hide]
1 Early life and career
2 Career success
3 Later life
4 Awards
4.1 Academy Awards
4.2 Golden Globe Awards
5 External link
Early life and career
Born in New York City to a Jewish family, Chwatt received the nickname as a young man, when he worked as a waiter in Dinty Moore's Tavern in The Bronx — his uniform's shiny buttons and his bright red hair caused patrons to give him the name he would later perform under.
From 1947 to 1951, he was married to actress Roxanne Arlen, who would have been only 16 if her Wikipedia year of birth (1931) is accurate. His next marriage was to Helayne McNorton, from December 8, 1949 until 1963, when they divorced.
Buttons spent years performing burlesque and doing comedy routines in the Borscht Belt.

Career success
Buttons received his own variety series on television in 1952 — The Red Buttons Show ran for three years and achieved high levels of success. His catchphrase from the show, "strange things are happening", entered the national vocabulary briefly in the mid-1950s.
After his Oscar-winning role in Sayonara, Buttons performed in numerous feature films, including Hatari!, The Longest Day, Harlow, The Poseidon Adventure, They Shoot Horses, Don't They?, and Pete's Dragon. He also made memorable TV appearances, including It's Garry Shandling's Show.
He became a nationally recognizable comedian, and his "Never Got A Dinner" sketch was a standard at the Dean Martin roasts for many years.
He is #71 on Comedy Central's list of the 100 greatest standups of all time.

Later life
His last marriage was to Alicia Pratt, from January 27, 1964, until her death in March 2001.
Buttons died of vascular disease at his home in the Century City area of Los Angeles. His spokesman says Buttons had been ill for some time and was with family members when he died.



Academy Awards
Won:
Best Supporting Actor (Sayonara, 1958)

Golden Globe Awards
Won:
Best Supporting Actor (Sayonara, 1958)
Nominated:
Best Supporting Actor (Harlow, 1966)
Best Supporting Actor (They Shoot Horses, Don't They?, 1970)

Monday, July 10, 2006

Landmark CA Car Insurance Rate Reduction Approved

LOS ANGELES (AP) - The state's fourth-largest provider of auto insurance has agreed to base its rates on safety and driving frequency rather than primarily on where a driver lives.

The plan would cut some $133 million from the annual bills of the club's nearly 1 million California policyholders. The Los-Angeles-based Automobile Club of Southern California and California Insurance Commissioner John Garamendi were expected to announce it Monday.

Passed in 1988, Proposition 103 required rates primarily be tied to a person's driving record, number of years licensed and total miles driven each year, not the ZIP Code where a vehicle is registered.

Still, the changes have been held up. Insurers argued where a driver lives is an essential factor in assessing risks and costs. They persuaded former Insurance Commissioner Chuck Quackenbush to allow ZIP Codes to remain a priority in setting rates. Quackenbush's regulations and later court rulings kept the old rules largely in place.

In December, Garamendi announced he would propose his own regulations aimed at fulfilling the mandate of Proposition 103.

``How safely you drive is more important than where you live,'' Garamendi said Friday.

Current rating systems, which rely heavily on geography, allow insurers to discriminate by charging high rates for motorists living in ZIP Codes they might not want to serve, Garamendi said.

The Auto Club's decision sends a message to other insurers that ``they can respect the wishes of the voters and make money at the same time,'' said Harvey Rosenfield of the Foundation for Taxpayer and Consumer Rights. The Santa Monica attorney wrote Proposition 103 and has been working ever since to see it fully enforced.

By voluntarily accepting Garamendi's rules before they take effect, the Auto Club is distancing itself from the combative stance taken by rival insurers.

Garamendi's proposed regulations are under review at the California Office of Administrative Law. If cleared there, the rules would take effect after July 18.

Insurers would then have two years to comply fully with the new standards.

Five major insurance companies, including No. 1 State Farm Mutual Insurance Co. and No. 2 Farmers, spent more than $2 million attacking Garamendi's rules in a television ad campaign before the June primary election. They have indicated they may sue the commissioner if he moves ahead.

Monday, June 12, 2006

How Much Will A DUI Arrest Cost You In Southern California?

How much does a DUI arrest ultimately cost someone charged with such an offense here in Southern California? A hell of a lot than most people would expect!

For most people driving the streets of Los Angeles, the idea of driving under the influence of drugs or alcohol is repugnant. Right up there with beating up your wife or girlfriend or putting your elderly parents in a rundown nursing home. The average person would probably tell, if you asked them for advise after such an arrest that you should just plead guilty and pay your debt to society.

Well, believe it or not, most people that would tell you that are likely guilty of worse lapses of judgment and moral turpitude, then that.