Provided by Bigger Pockets
If anything has been learned from the LA wildfires, the answer posed in the title is, yes, it is possible to protect your property against wildfires. However, the best protection probably needs to be done during construction rather than after.
Why David Steiner’s Home Was the Last One Standing
Retired Waste Management CEO David Steiner, 64, saw his neighbors’ multimillion-dollar Malibu homes burn around him while his appeared unblemished. The Houston exec’s home was built out of stone and stucco to withstand earthquakes. It also has 50-foot pilings built into the bedrock to keep it sturdy.
“To be totally honest with you, I never in a million years thought a wildfire would jump to the Pacific Coast Highway and start a fire,” Steiner told the New York Post.
“I honestly didn’t think that if we had a fire, this would be the last thing to go,” he said of the 4,200-square-foot, four-bedroom home he bought from a film producer. “The architecture is pretty nice. But the stucco and fireproof roof are real nice.”
Greg Chasen’s Common-Sense Design
Another notable home that escaped the wildfire was a brand-new house in Pacific Palisades, designed and built by architect Greg Chasen in the summer of 2024. His house, like Steiner’s, was a lone survivor amid a sea of destruction.
A photo of the house posted by the Malibu architect went viral on X, as did a thread on Reddit, as reported by Bloomberg.
Along with luck, the home employed several fire-resistant design strategies, including a front yard free of vegetation and debris, protective concrete garden walls, no eaves or overhangs, and no vents to allow sparks to get inside the roof. Additionally, the roof was made of metal with a fire-resistant underlayment. Clean lines, without multiple dormers and pop-outs, also helped.
Crucially, the walls of the house also have a one-hour fire rating. Chasen said the deck is Class A wood, as resistant to ignition as concrete or steel. Tempered glass protects the interiors. The front of the house was built with heat-treated wood, shielded from flying sparks and embers by the extruding walls and roofline.
“All of that is best practice for cutting a fire,” Chasen said.
Measures to Make Your Property More Wildfire-Resistant
For those of us who can’t afford multimillion-dollar stone and stucco residences, you can make some practical moves to make your home more fire-resistant. Most involve spending a decent amount of money, but are far cheaper than building a new home.
- Install fire-resistant siding: According to the Building America Solution Center, the following materials are rated high for fire resistance: fiber cement siding, metal siding, brick or stucco siding, and stucco. Of these options, fiber cement siding is generally the most affordable. Another option is magnesium siding.
- Install a fire-resistant roof: Clay/terra-cotta, slate, metal, or composite materials are best as fire-resistant roof materials.
- Look into fire-resistant glass for windows: This is a burgeoning business expected to reach $16.26 billion by 2033, according to market research firm Fact.MR. Although this material is largely used in commercial construction, it will undoubtedly become more widely available for residential use. This is a worthwhile investment for landlords of larger buildings in both fire-prone and colder climates.
- Remove wooden window frames and replace them with fire-resistant ones: Wood frames are elegant and stylish but not practical if you live in an area prone to wildfires.
- Get fire-resistant doors.
- NBC News covered this story about a sprinkler system hooked up to a swimming pool via a generator-powered pump, which saved the owner’s Palisades home. Take note.
- Keep dry vegetation away from the house: Ensure your defensible space, the first 100 feet around your property, is kept clear of anything flammable.
- Consider fire-resistant artificial turf, stone, or concrete instead of natural grass.
- Clear all gutters of dried leaves and debris.
- Don’t keep flammable liquids and substances around the home.
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Practical Wildfire Protection Strategies for Landlords
While a landlord might have the best fire protection protocols in mind, that doesn’t mean their tenants will. If you live in a wildfire-prone area, hiring a maintenance company is worth it to ensure a property is as fireproof as possible. This includes meticulously clearing the property from debris, litter, pool furniture, and garbage bins to enforce a defensible zone.
- Hire a contractor to enforce a hardscape and water features to prevent fire fuel breaks. Concrete interrupts a fuel source from encroaching on a fire.
- Keep the exterior of the home irrigated during wildfire season.
- Communities must work together and hold each other accountable to prevent the spread of wildfires from one property to the next.
Final Thoughts
It’s hard to say” coulda, woulda, shoulda” when people’s homes and livelihoods have been lost. Even with preventative measures against fire, there’s still no guarantee that one spark igniting a few blown leaves won’t penetrate the best defensive strategies. Luck plays a huge part.
However, property owners need to be aggressive in protecting their assets from wildfires, and incorporating these suggestions will help them accomplish that.
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By James Durr
Noisy tenants can be a real headache for landlords so here are some suggestions in 7 ways to handle noise complaints in rental housing the right way.
If you are the landlord of a property that is home to multiple tenants, or if the building you own is located close to other properties, it is possible that you will receive noise complaints. These complaints may be from members of the local community about your tenants or vice versa, or from different tenants about one another.
Let’s explore how to resolve these complaints about noisy tenants and ensure that tenants and local residents are able to enjoy a peaceful and relaxing experience in and around your rental housing.
Preventing Complaints About Noisy Tenants
Ideally, you should already have taken steps to prevent major sound bleed between and from your rental properties.
If possible, when renovating a property, extensive soundproofing should be included in the budget. You should consider installing acoustic insulation in walls, floors and ceilings, and selecting soundproof doors and windows.
It is also highly advisable to include a noisy tenants clause in any tenancy agreement you produce. This means that, upon signing the document, a tenant agrees that if they are to make excessive noise – particularly during any specified hours – they will be in breach of their contract.
What to Do if You Receive Noise Complaints: 7 Steps
1. Accept the Noise Complaints Graciously and Act Immediately
It’s important that your building is able to maintain a good reputation, and that the tenants who live there – and the residents of the local area – are able to enjoy a positive relationship.
“To this end, if someone comes to you with a noise complaint, show that you are sympathetic to their problem. You should also let them know that you will take steps to resolve the issue straight away,” comments auctioneer and fast home buyer James Durr of Property Solvers.
It may be that the individual making the complaint has already spoken to the “perpetrator.” It’s a good idea to check whether this is the case before doing so yourself. After all, this will give you a clearer idea of how they are likely to respond to you.
2. Check with Other Neighbors and Tenants
It’s best to corroborate any claims of excessive noise with others who may be affected before taking action.
If you receive a complaint, you may consider checking with other residents nearby to see if they too have been disturbed by the same incidents.
Of course, different people are affected by noise in different ways – and sound travels differently from space to space – so some individuals may be less troubled by the situation than others.
3. Look into the Cause of the Noise Complaints
If there is a specific type of sound that is causing problems, there may be a way to resolve the matter in a manner that suits all parties.
Some loud sounds, such as a baby crying or a dog barking, can be difficult to prevent. However, if it appears that the repeated noise is the result of neglect or abuse, this must be reported to the relevant authorities immediately.
In many cases of animal abuse, the owner may be prevented from keeping pets for a number of years in the future. This means that not only will the current animal be spared any further cruelty, but also that the tenant will not be permitted to replace it.
Of course, it’s extremely important that you do not make baseless claims of neglect or abuse just to resolve a noise complaint. Look into the issue as much as you can yourself before deciding to take action of this kind.
4. Ask the “Noisy” Party to Make Changes
This step is easier to take if you have already included a noise clause in your rental housing agreement, as you can remind the noisy tenant of this fact and reiterate that they are currently in breach of their contract.
Explain to them that, if this continues to be the case, you would be within your right to ask them to remove the source of the noise from the rental property. Be sure to speak politely and allow them the opportunity to explain themselves; after all, there may be another side to the story.
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5. Get in Touch with a Mediator
If the individual in question refuses to make any changes or to discuss the matter with you in a civil manner, you may need to contact a professional mediator in order to resolve the problem.
Be sure you select an established and experienced specialist, and go to the meeting with an open mind.
6. Report to Your Local Authority About Noise Complaints
By getting in touch with your local Environmental Health Department, you may be able to make a formal complaint and get a noise-abatement notice issued.
This course of action may be particularly helpful if you have neglected to include a noise clause in your tenancy agreement, but it is also applicable if your own tenants have made noise complaints about other residents of the local area.
7. Eviction
If the tenant in question is the repeated subject of noise complaints, you may be within your right to evict them.
This may only be the case, however, if you have included a noise clause in the tenancy agreement, and if you have evidence of repeated breaches of that clause.
It is worth remembering that landlords themselves are not responsible for the noise made by their tenants, so no action can be taken against you unless you are the source of the disturbance. However, in order to ensure that your rental housing is a pleasant place to live and to build positive relationships with other local residents, it is always worth doing what you can to resolve problems of this kind.
By carefully vetting tenants, including a noise clause in your tenancy agreement and soundproofing your building, you may be able to avoid any noise complaints whatsoever in your rental housing.
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By Robert Friedman
Are you concerned about the lengthy and financially burdensome probate process? Probate court proceedings can be cumbersome, often taking months or even years to resolve, adding stress to an already difficult time for family members. However, there are effective strategies to bypass probate and ensure a smoother transition of assets upon death.
HOW SOLELY OWNED ASSETS ARE DISTRIBUTED AFTER DEATH
Assets held solely in your name, without designated beneficiaries or joint owners, will be distributed
through one of the following legal processes:
Probate
If you have a valid Will or Codicil, your estate will be administered by an Executor appointed by the court
Intestacy
If you do not have a Will, your estate will be managed by an Administrator. In this case, state law determines who inherits your assets. These heirs, known as “distributees,” are assigned as follows:
- If you have children but no spouse, your children inherit everything.
- If you have living parents but no spouse or children, your parents
inherit everything. - If you have siblings but no spouse, children, or parents, your siblings
inherit everything.
ROLE OF SURROGATE’S AND PROBATE COURTS
These courts oversee:
- The probate and validation of Wills.
- The appointment of Executors to manage
estates with a valid Will. - The appointment of Administrators for estates of
individuals who die without a valid Will. - Resolving disputes related to the validity of a
Will or the administration of an estate. - THE PROBATE PROCESS: FILING, NOTIFICATION, AND APPOINTMENT OF THE EXECUTOR
Probating a Will is the first step in any estate administration. The Executor must locate the
original Will to file with the court along with the Will witnesses’ affidavits, notices of probate, and the petition for probate. State laws require that all beneficiaries and fiduciaries named in a Will, as well as all of the distributees, be notified that the Will is being submitted to probate. Distributees and any person who would be adversely affected by the probate of the Will are given an opportunity to appear in Court to object if they do not sign a waiver indicating consent to probate. If no one has any objection to the Will and the court believes that the Will is valid, it will be admitted to probate and the person named therein will be appointed as Executor. Recognizing that probate can be expensive and time-consuming, each state provides ways for a small estate to be distributed without going through the full probate process if there is no real estate. The size of the estate or the types of assets
determine which procedure should be followed.
AVOID PROBATE WITH THESE FORMS OF OWNERSHIP
The following assets do not pass through probate or estate administration. Instead, the proceeds go directly to the person named as beneficiary or joint owner of that account.
Utilizing these ownership structures can streamline the distribution of your estate and provide financial benefits to your heirs. The following forms of ownership avoid probate:
- Real Estate held as Joint Tenants with the Right of
Survivorship. - Tenants-by-the-Entirety (spouses).
- Transfer on Death Deed automatically transfers real
estate upon death to the named beneficiary. - Life Insurance unless all beneficiaries are deceased.
- An irrevocable or revocable intervivos trust (living trust)
is created for holding ownership of your assets during
your lifetime for the benefit of named beneficiaries and
distributing and/or managing those assets after your
death. The trust consists of the creator (also known as
the grantor), trustee, and beneficiary. - Corporation stock jointly owned.
- LLC member units jointly owned.
- Lifetime Gifts: Sign a power of attorney authorizing your
agent to make gifts during your lifetime if you are unable
to do so. With the annual federal gift tax exclusions, you
can make annual gifts without tax consequences. Giving
away assets will appreciate in value, such as real estate,
utilizes your exemptions and shifts the appreciation in
value to the next generation. - Uniform Transfer to Minors Act (UTMA) custodial
accounts transfer assets to minors without probate. - U.S. Savings Bonds with payable on death beneficiaries
or joint ownership. - IRAs/401(k)s: Direct beneficiaries avoid probate.
- Investment Accounts designated as Transfer on Death.
- Bank Accounts Joint designated as Payable on Death,
Transfer on Death, and in Trust. - Annuities.
- Life Estate.
- Automobiles: Some states allow family members to
transfer vehicles up to a certain value directly through
the DMV.
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BENEFITS OF AVOIDING PROBATE
- Saves time and costs by reducing court fees
and delays - Maintains privacy.
- Avoids Will contests reducing the likelihood of
legal challenges to the estate. - No Medicaid recovery.
- Avoids the need for ancillary probate if real
estate is owned in other states. - Preserves your assets from nursing home costs.
RISKS OF AVOIDING PROBATE
- Not funding your living trust.
- Not coordinating your non-probate asset
distribution with your Will. - Joint owners can be sued, file for
bankruptcy, or have an account
compromised by divorce. - Ancillary Probate: This is necessary if you
own real estate in other states. - Loss of capital gains exemptions.
CONCLUSION
Avoiding probate can significantly benefit your estate and heirs, offering privacy, efficiency, and financial savings. However, it requires careful planning and coordination to avoid potential risks. By consulting with legal and financial professionals, you can develop a comprehensive estate plan that balances probate and non-probate strategies, ensuring a smooth and secure transfer of your assets.
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