Business

31 items to include in the rental form of your lease attachment

The Lease Addenda is a very, very important form for homeowners. This leasing addendum spells out in plain language all the key things we’ve learned over the years that our tenants really need to know about. This document includes, but is not limited to (actually, there are 31 items covered in this document) items such as:

  1. Deposits and last month’s rent (will not be used).
  2. Due dates and late fees for rent.
  3. Smoke Alarm Batteries Reminder
  4. Air conditioning filter reminder
  5. Landscaping responsibilities
  6. Unauthorized repairs / upgrades
  7. 30 days notice reminder
  8. Criminal activity
  9. Move-in inspection reminder (rental property condition)
  10. Sublease

You’ll want to copy and paste these elements as well as other elements that you might think make sense for your specific property in the body of the document at the bottom of this post (which is just a sample header and footer for ease of use) . So without further ado, here are the 31 items that we include in every lease addendum for every rental agreement we sign with a tenant:

  1. The tenant understands that the security / cleaning / redecoration deposit will NOT be used to pay the last month’s rent.
  2. Rentals are due on the 1st of each month and are in arrears on the 2nd. 5-day notices will be provided; There is a service fee for each advertisement, and this is charged to the tenant. The late fee is $ 35.00 per day retroactive from the 5th of the month.
  3. The tenant will take responsibility for checking the batteries in the smoke detector at least once a month and replacing them when necessary. If the smoke alarm does not work, the tenant must notify the landlord / landlord immediately.
  4. Tenants must change air conditioning filters every 30 days. Failure of the tenant to change the filters may cause the tenant to be billed for damages. The tenant must maintain the interior of the house in a clean, orderly and “serviced” manner. Failure to do so can be a cause of excessive wear and tear and can be considered a substantial breach of the terms of the lease.
  5. The tenant is responsible for maintaining lawns, desert landscaping, shrubs, trees, and other gardens, including trimming and pruning. Lack of maintenance of the exterior of the premises is a justification for withholding deposits to restore the property to pre-rental conditions.
  6. Repairs caused by the resident’s negligence or negligence will be billed to the tenant (i.e. a child’s toy causes a blockage in a toilet or sewer line, or excess hair clogs the sink or shower line). Such charges must be paid within ten (10) days of written notification from the landlord / landlord.
  7. The landlord / landlord will NOT pay for unauthorized repairs.
  8. Tenants will not work or repair vehicles on the premises; There must be no unregistered, non-operating or parked commercial vehicles on, in front of, or adjacent to the property that are visibly in view from the street.
  9. The owner / landlord only warrants the serviceability of the following appliances: air conditioner, heater, conventional water heaters, range / oven, refrigerator and dishwasher, if provided, and all other major plumbing and electrical systems. The landlord / landlord does not guarantee or repair the washer (s) and dryer (s).
  10. It is the tenant’s responsibility to purchase and maintain liability insurance if the tenant has a waterbed and / or a pet. As stated in the lease, written permission must be obtained from the landlord / landlord to install a waterbed or keep a pet on the property.
  11. The landlord / landlord is not responsible for the personal belongings of the tenants. The tenant understands that they may choose to obtain renters / renters insurance.
  12. The tenant must give written notice thirty (30) days prior to the expiration of this agreement to vacate or renew. Month to month, the termination of this lease can only coincide with the end of a calendar month, unless agreed by all parties.
  13. The tenant must allow the landlord / owner / real estate agents to show the property for lease or sale during the last thirty (30) days of the lease with proper notice. The tenant will allow the placement of a lockable safe deposit box during the last 30 days of the lease. Failure to comply may result in loss of deposits.
  14. The tenant can obtain a free copy of the AZ Residential Landlord / Tenant Act from the Secretary of State’s office.
  15. Non-refundable fees will apply to the following: cleaning / carpet cleaning / changing of property keys.
  16. The tenant acknowledges having received a move-in inspection form. It is the tenant’s responsibility to return to the landlord / landlord within ten (10) days after occupancy.
  17. Criminal Activity – The tenants or members of the tenant’s household will not allow the home to be used for or to facilitate criminal activity, including drug-related activity, regardless of whether the person participating in such activity is a member of the household or a host. Violation of this provision will be a material and irreparable violation of the lease and good cause for immediate termination of the lease. Proof of the violation will not require a criminal conviction, but will be based on the preponderance of the evidence.
  18. Indemnification: The tenants will indemnify and hold the owner harmless from any claim, liability, penalties, damages, expenses and lawsuits for injuries or accidents to people or property of any nature, regardless of the cause, that occur in or around the rented facilities. . during the term of the lease and any other period of occupancy, including costs, expenses, attorney fees incurred by the Owner in defense of such claims, whether such claims are adequately covered by insurance or not.
  19. Waiver: The waiver of either party to any breach of this lease will not be considered a waiver of such breach on a later occasion, and the failure of either party to insist on compliance with the terms, agreements and The conditions of this lease will not constitute a waiver of the right of said party from now on to enforce said term, agreement or condition, but it will remain in full force and effect. If any provision or part of it in this lease is unenforceable or illegal, the remaining terms will remain in full force and effect.
  20. Utilities – Tenants are responsible for all utilities being placed in their name prior to moving in. The tenant also agrees to pay each and every deposit (if any) as required by the utility companies.
  21. Assignment and subletting: The tenant cannot assign or sublease the premises without the express written permission of the owner / lessor. The landlord / owner will charge an application fee to cover the cost of credit and background checks.
  22. Alterations: The tenant will not make any alteration, addition or improvement to the property, either inside or outside, without the written consent of the landlord / landlord.
  23. If the property has an electric garage door opener, the remote controls will be operational upon move-in. Remotes are not guaranteed beyond move-in.
  24. Tenant agrees to return all house keys, mailbox keys, garage door openers, and any other keys upon move-in. If all keys are not returned, there will be a $ 75.00 key change fee and $ 35.00 for each garage door remote.
  25. The tenant agrees to conduct a final inspection with the landlord / landlord at the end of the lease term. The tenant agrees to have all personal property removed from the premises at the time of the final inspection. The landlord / landlord is not required to conduct a joint move-in inspection with the tenant if ARS 33-1321C applies.
  26. FIRSTNAME LASTNAME and FIRSTNAME LASTNAME own this property.
  27. The tenant understands that smoking is not allowed inside the house or garage.
  28. The tenant agrees to notify the landlord / landlord immediately of any water leaks that occur (i.e. leaks in sinks / vanities / tubs / showers / faucets / laundry appliances, ceiling stains, or any observed water penetration).
  29. Tenants are responsible for having carpets professionally cleaned before lease expires; The proof of cleaning is made by receipt.
  30. If the property is located in a homeowners association, the tenant is responsible for any fines imposed on the property for violations caused by the tenant. The two most common violations are trash cans left outside on non-collected days and weed control. Rules and regulations for homeowners are available only by written request.
  31. In the event the property is sold, the lease / rental agreement between the owner and the tenant is canceled on the date the new owner takes possession of the property. The tenant has 30 days to vacate the property or sign a new lease with the new owner at the owner’s option.

Actual.pdf and Word documents are available in the publication of this article that I made on my blog. Located here:

http://landlord.ideaboxllc.com/2010/06/31-items-to-put-in-your-lease-addenda-rental-form/

Business

Organizational structure, creativity, innovation

Organizational structure can inhibit or encourage creativity and innovation. However, the problem with organizational structure is that it is the result of many factors, including history, organic growth, strategy, operational design, product diversity, logistics, marketing, customer base, supplier base, etc. Therefore, what managers need are not recipes for complete structural change, but knowledge about the properties of development structures that can be adapted to the existing structure.

To begin with, it is helpful to analyze preferred versus less preferred structures. There are many definitions of organizational structure types, but an example is:

a) Mechanistic structures (generally not preferred): includes centralized control and authority, clearly defined tasks, vertical communication links, obedience to supervisors, rigidity and inflexibility.

b) Organizational structures (generally preferred): decentralization of authority, poorly defined tasks, horizontal communications, greater individual authority, flexible, adaptable.

Experience shows that the above can be misleading. For example, flat organizations are generally preferred and hierarchical ones are not preferred; however, even flat organizations are actually hierarchical.

It is important to note that if we have a mechanistic structure, what factors allow us to move in the right direction without a total change?

Some answers include:

a) Direct communication links with decision makers.

b) Communication and information flow between departments.

c) Tangible progression of ideas from problem to solution, from product development to marketing.

d) Creative teams that work outside but linked to the organization, whose culture, processes, etc. they diffuse into the existing structure.

These and other topics are covered in depth in the MBA thesis on Managing Creativity and Innovation, which can be purchased (along with a DIY creativity and innovation audit, Good Idea Generator software and Power Point presentation) at http : //www.managing- creativity.com

Kal Bishop, MBA

*********************************

You can reproduce this article as long as no changes are made and the author’s name and site URL are preserved.

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Business

DIY Marketing: What Works and What Doesn’t

In this age of localization, it is now possible to watch TV commercials on nationally famous shows that relate to your immediate area. These are priced affordable to the advertiser, but are also intended to drive ad revenue for local networks that might not otherwise win over advertisers targeting only a limited geographic area.

As a result of this phenomenon, some of the commercials we see are obviously self-produced, as paying for a Madison Avenue ad agency is a bit of a stretch for small advertisers, especially in this economy. In fact, these mom and dad advertisers find paying any agency too expensive.

However, these small businesses may not realize that their commercials can run in time slots where they are surrounded by elegant big city agency spaces, making the amateur nature of their presentations even more. exaggerated.

Ironically, however, radio and television commercials that often feature testimonials or dramatizations from the actual owners of the business, as well as their children, grandchildren, and occasionally their pets, tend to be outlandish enough in a comical and entertaining way that banner ads are really visible regardless of their lack of shine. The reason for this is that the people who film, record, mix and produce these spots are true professionals – technical artists behind the scenes – who ensure that the spot is successful, despite having homemade content.

Unfortunately, this is not the case for home print advertising. While TV and radio spots have excellent technical guidance from studio engineers, print ads that are created on the desk of someone with little or no experience in composition, design sophistication, or technical understanding of where to post the ad, generally fail miserably in several of areas.

First, the design falls short, and second, the failure of the message. Image resolution and text readability complete the mess, making a hobbyist’s attempt at DIY marketing a total waste of valuable funds. And with print advertising, you have the added distraction of other visual competition on the page (unless you’ve bought a magazine back cover, for example, in which case if your ad is missing in some way, it won’t). lose a second look.)

There are many parameters to consider when creating print advertising. The type of printing process, line screens, and type of paper used greatly affect print contrast, color reproduction, and registration accuracy. Will the inverted font be absorbed by the heavy surrounding color if the wrong font thickness is specified? Will font replacement occur when submitting artwork to publication art department if fonts are not embedded or outlined, leading to copy issues? Were the images sent as RGB instead of CMYK, resulting in no color or no color display? And if the RGB conversions were done without the knowledge of proper color balance, will the portrait photos look too red, yellow, or worse, green?

Newspaper ads differ dramatically from magazine ads in both resolution and readability. An error in one medium can amount to a catastrophe in another depending on the error. Combine these difficulties with the absence of professional hardware and advanced software along with professional experience and proven expertise, and you have the makings of a true fiasco every time. There is no safe haven when it comes to print advertising. And even when you have decades of experience to rely on, the quirks in the publication’s newsroom can derail even the most professional ad, let alone one produced by an amateur.

While print remains the ultimate testing ground, one of my clients produces his own television commercials with remarkable success. A consummate trial attorney by day, he has had years of experience improvising both in the courtroom and in front of film crews as the host of a television show in our region. With a rare confluence of self-confidence and personal appeal, he exudes a sincere mix of affability and sympathy both on camera and off camera, a quality not commonly found in such a forceful person before judge and jury. Clearly, he has a gift that has resulted not only in an exemplary career but in the ability to market himself through radio and television. However, he acknowledges that his skills don’t translate to print, which he admits he knows nothing about (along with websites and, until recently, computers!) And has kept me in the mix for over 20 years. years to keep you on the right track. .

Another case of television and radio advertising in our region cannot be described in such glowing terms. In fact, on the first exposure, my skin tingled as I heard the two voices deliver their youthful message in a performance of a song, tediously screeching in this listener’s sensitive, musically trained, and pitch-perfect ears. Over the years, they opened more stores and added television to their self-marketing repertoire. A highly unlikely success story, they now enjoy great renown despite their amateur marketing or, indeed, thanks to it!

Another radio ad airs annually every summer with the same blatant mispronunciation of a common word by the shop owner, showing his ignorance in all his apparel. Am I the only one listening to your mistake? Nobody mentioned it to you … not even your wife?

It turns out that, with enough repetition, the radio commercials we are embarrassed about, whether due to poor articulation, grammatical errors, artificial voice, or obvious lack of refinement of any kind, have become acceptable in their familiarity and folklore.

Sad to admit, though, DIY print ads that are repeated over and over again in an attempt to reinforce themselves with replay continue to sabotage the advertiser after all this time.

There is a common thread within this story, regardless of whether the DIY ads were made for print, radio, or television. Advertisers featured, whether for their talent as an actor and broadcaster, or their scripting, design, and composition expertise (or lack thereof), are all convinced of their self-made success and continue to invest endless funds to post. these announcements to the delight of the benefited stations and publications. Blinded by their egos at the lack of income generated in response, they justify their efforts by how much they have saved in the creative process, making use of their natural talents, instinctive genius, and brilliant business acumen.

While we are ashamed of their stupid attempts to reach Hollywood stardom, we nonetheless peruse their showrooms, purchase their merchandise, and most ironic of all, we remember their advertisements! … which proves one thing: sometimes you are lucky and even marketing goes wrong!

Business

Buying a Business in Canada: Financing a Business Purchase

Buying a business in Canada through proper acquisition financing will often involve looking beyond the numbers when it comes to ensuring that commercial purchase financing options are in place. Business loans to buy an existing business is not just about negotiating the sale price, but also about the necessary financing solutions that must be put in place to ensure the survival and profitability of the business. Let’s delve into.

Professionals, of course, call it ‘due diligence’, when it comes to considering a business investment loan and how to buy a business, as well as financing a business for sale it has to do with a fairly basic common sense premise: guarantee the Sales, inventory, accounts receivable, and accounts payable are reasonable and that projected sales volumes make long-term sense.

Bottom line: the right business purchase loan financing solutions tie together your management, mfg or servicing plans and marketing.

The essence of any business, large or small, is cash management. Working capital solutions and trade finance rates should also be considered for effective ongoing operations.

Accounts Receivable Financing / Factoring

Bank revolving lines of credit

Asset-based non-bank lines of credit

Inventory financing

Tax credit financing

Government Guaranteed Small Business Loans ($ 1 million maximum) Small business loans to buy a business can often come from the Government of Canada Small Business Loan Program

Companies that are unprofitable or have “challenged” balance sheets will not qualify for what we call “traditional” finance. These types of companies cannot meet the financial ratios and guarantees required by our Canadian authorized banks. Almost all businesses that sell on credit, large or small, need some type of business line of credit.

Indeed, there are numerous alternative financing solutions, but at the same time new owners / managers need to be able to address and speak to elements such as gross margins, operating inefficiencies, etc.

At 7 Park Avenue Financial we speak to many clients who want to purchase a franchise business. That can be achieved through various financing programs and can often include some ‘seller financing’ when it comes to an overall financial strategy. That financial assistance from the seller, in essence, is another alternative capital that can allow the buyer to successfully complete the transaction. We also note that both new and used franchises can be purchased and financed.

Financing commercial acquisitions in Canada

Buying an “all cash” business is almost never the option available to buyers. The best experts tell us that not even a third of the companies bought is done through 100% financing. Unfortunately, sellers like / want cash. Most of the time, the final structure of your transaction will be:

Owner cash

External financing

Vendor payback / Vendor financing (not always, but often)

‘ABL’ (Asset Based Loans) is often a solid solution for a business financing strategy. These types of facilities allow you to borrow heavily against inventory, accounts receivable, and equipment / fixed assets.

A legal / technical issue often becomes a critical point in acquisition financing. That’s the problem of ‘asset sales’ vs. ‘stock sales’. From a buyer’s perspective, asset sales tend to make the most sense: Sellers focus on tax and stock strategies to sell their businesses. This can often complicate financing.

We have seen that there are some critical issues that can make or break a successful business purchase financing. Those problems include:

Appropriate valuation prices

Debt burden

Challenges of financing working capital and cash flow

If you are focused on striking a winning deal and financing a business purchase, find and speak with a trusted, credible and experienced Canadian business finance advisor who can help you with your financing needs.

Business

Einstein – Definition of Insanity

Madness in the signage and graphics industry

Definition of Einstein

Albert Einstein once said, “The definition of insanity is doing the same thing over and over again and expecting different results.” Think about this quote for a second and ask yourself, does this quote apply to the way you run your business?

Have you been doing the same thing over and over again expecting different results? If so, you may want to read on. In a world where technology is becoming a key productivity tool for the success of any business, it simply comes down to whether you accept and take advantage of technology or reject it. Are you willing to change or will you do the same over and over again? T

Here are two main reasons why I ask this question. First, many store owners have trouble understanding how new technology, specifically software, can become a major benefit to their business, and second, owners have trouble measuring the profits they are losing by rejecting this technological change. Have you ever rejected technology?

“If it is not broke, do not fix it!” Mentality

Do you expect to increase profits by continuing the same business strategy year after year? If so, how long do you think the method will work?

Many store owners just don’t see the need to update or change their current method. They believe there is no need to invest in a new method when the old one still seems to work well. This is the common one: “If it ain’t broke, don’t fix it!” mentality. Well, I hate being the one to say it, but just because something isn’t “broken” doesn’t mean you can’t make it work better. When new technology, such as software, could save you a great deal of time and money, how can you not accept it?

In an industry where there is an ever-increasing level of competitiveness, store owners must take advantage of all available methods to help them reduce costs. Would a commercial printer looking to grow his business limit his shop to a single one-color press? Sure they can continue to operate with a one color press, but a two or four color press would not help expand their business to other areas more effectively. In this example, the current method works, but a technological change would help increase the growth capacity of the company.

Exploring these other areas helps companies maintain and increase their profits. By not embracing new technology, store owners greatly limit their earning potential. By using the power of technology to make their business practices more efficient, owners can continue to achieve their goals.

Are you sacrificing yourself?

Many store owners we spoke to have a hard time visualizing how much money they are losing, or actually, how much money they are giving to their competition, due to inconsistencies in the workflow process. These workshops feel that they are doing well with the system they currently have and do not see the need to switch to a new method. This lack of vision can cause homeowners to limit their future earnings.

On the opposite side, homeowners who see the need for a change begin to pay more attention to how much money it will cost to make the change rather than how much they are losing. These homeowners are feeling insecure and wondering if today’s investment will pay off tomorrow. For those homeowners, how much will it cost them not to change? Do you even know? Is it one, three, possibly five jobs a day? Do the math. How much money / time is wasted due to inefficiencies such as erroneous estimates, overpriced or underpriced jobs, or lost invoices.

Ask yourself, how long can a company continue to compete if it is not as efficient as its competition? If companies choose to stay with the same system they have been using for years and reject change, are they, in essence, choosing to sacrifice future earnings?

$ 100,000 a year

One particular company we spoke to was losing 4 orders per week to its competition. Since only one person in the store could estimate, it took days to get quotes for customers, forcing their customers to search and eventually accept offers from competing companies. When this company finally analyzed their method and applied a dollar amount to the loss, they estimated that they were losing about $ 100,000 in revenue a year. Incredible true? How much would 4 orders a week cost you? Or if you could accept 4 more orders a week, what would you do with the extra profits? How can a company like this miss a $ 100,000 opportunity? Simply put, insanity, Einstein’s definition.

It is not just an estimate

Companies are not only losing profits due to erroneous estimates; they are also losing profits due to lack of customer follow-up or management. When sending estimates to potential customers, how often do companies remember to follow up with them? With the constant chaos that store owners experience on a daily basis, this tracking process can become quickly forgotten, especially if the current estimating system does not include this integration.

How much can a company increase its “win” rate for estimates by making follow-up calls to all customers with pending estimates? Using powerful integrated business management and estimating software, such as Cyrious, the company can automatically create reminders that will tell employees who to call, when to call, and why. Keeping all customer, contact, and order information together in one place, increases the ability to save time and build customer relationships essential for business growth and expansion.

Adapt to change

By adapting to change and embracing and leveraging technology, store owners using Cyrious Software have become more efficient and profitable.

Cyrious helps homeowners resolve a variety of different frustrations. Whether you’re an owner who is frustrated with estimating because it takes too long or one who is upset that orders get lost and misplaced, Cyrious has a solution. Cyrious helps end the lack of integration by providing the power of multiple software systems in one (estimating, accounting, job tracking, client management, etc.). No company is content with losing customers due to late quotes or losing money because parts are omitted from quotes and orders.

When owners understand the amount of time and money that a different method can save them, the switch to powerful software like Cyrious is simple. Is it time for you to explore different methods to increase sales and profits and make your business more manageable?

For more information on Cyrious software, visit http://www.cyrious.net, call 1-800-552-1418 or email [email protected]

Business

An Ebay auction business with a twist

Who would have thought eBay would become such a household name? eBay is not only the largest auction site, but also the largest market in the world and its global presence is unrivaled on any other website. eBay managed to earn a reputation around the world as the place to go to find what you are looking for. Regardless of what it is, somewhere in the world someone will sell it. Along with this reputation, eBay managed to do what many early e-commerce sites ruined, which was build trust with their customers. On eBay, people are willing to spend and the confidence they have in eBay’s payment and delivery system is reflected in their sales. With this in mind, starting an eBay auction business can be a very lucrative endeavor for you.

One of the things that makes eBay the success it is, is that they offer virtually anyone the opportunity to connect with your business. By opening your own eBay store, you can get instant access to a huge customer base, which is the crux of doing business online.

Many entrepreneurs who start their own online businesses fail by not attracting enough customers to their website. Online competition can be fierce and website traffic has become a commodity. By starting your own eBay auction business, you can eliminate this problem to a great extent. Starting your own eBay store is incredibly simple and inexpensive, and you can connect to eBay’s proven payment system without any hassle or lengthy application and approval processes.

If this sounds too easy, hold up your horses. Anyone who owns and runs a store can tell you a simple truth: it’s hard work! Managing your own eBay store is no different and, along with success, it can bring many more “problems”. Dealing with customer issues, inventory, and shipping orders can quickly turn into a full-time job. Although the profit potential is great, an eBay auction business is still hard work and many online entrepreneurs are trying to escape a full-time job without sacrificing a full-time income.

However, there is a little twist on the subject, and out of the frustration of dealing with all the typical hassles that come with owning a store, many entrepreneurs turned to affiliate marketing. Affiliate marketing became popular in the mid-90s and to this day it forms a large part of online businesses and websites like Amazon are almost entirely dependent on affiliates. The fact that eBay offers a very generous affiliate commission on the sale of products opened a new avenue for those who want to benefit from eBay without the usual hassles of running an online store.

By starting your own affiliate store, you can start an eBay auction business without selling anything. Simply by promoting certain products in your ‘virtual storefront’ you can direct customers to the most appropriate products and earn a commission on the sales that result from your recommendation. Although the profit margins are much smaller than if you had your own eBay store, the amount of work is much less. In fact, you can set your eBay affiliate store on autopilot and pretty much let it run on its own while still earning commissions.

Residual income is a very powerful concept and one that the Internet absolutely allows you to connect to. Today, most people earn “minimal income,” which means they trade time for money. On the other hand, residual income means that you work once and continue to work for you and earn money for yourself. This is the kingdom of the rich and with the Internet it is at your fingertips.

However, the idea is not to be enslaved by a job you hate and to create the life you want. Regardless of your preferences, you can earn money from home and with an eBay auction business anyone can. Whether you sell your own products or other people’s products, eBay offers you the opportunity. It’s all about taking action and making it work for you.

Business

How to trick a breathalyzer

Do you want to trick a breathing machine into a low test result? Or do you make sure you’re not causing a false high reading? It’s not that difficult, says a San Diego DUI law firm and attorneys – just control your breathing.

The simple fact is, these DUI guilty or innocent breathing machines aren’t exactly the trustworthy devices law enforcement would have us believe. There are dozens of factors that can cause false test results. An example of this lack of reliability is the fact that results will vary depending on the breathing pattern of the person being tested. This has been confirmed in several scientific studies.

In one, for example, a group of men drank moderate doses of alcohol and then had their blood alcohol levels measured using a gas chromatographic analysis of their breath. Then the breathing techniques were varied. The results indicated that holding your breath for 30 seconds before exhaling increased blood alcohol level by 15.7%. Hyperventilation for 20 seconds immediately before breath tests, on the other hand, lowered the level by 10.6%. Keeping the mouth closed for five minutes and using shallow nasal breathing resulted in an increase in blood alcohol level by 7.3%, and the test after a slow exhale of 20 seconds increased the levels by 2%. (“How Breathing Techniques Can Influence Breath Alcohol Test Results”, 22 (4) Medical Science and Law 275.)

Dr. Michael Hlastala, professor of physiology, biophysics, and medicine at the University of Washington, went further and concluded:

“By far the most overlooked error in breathalyzer tests is the breathing pattern … Alcohol concentration changes considerably during breathing … The first part of the breath, after ruling out dead space , has an alcohol concentration much lower than the equivalent BAC (blood alcohol concentration) Whereas, the last part of the breath has a much higher alcohol concentration than the equivalent BAC The last part of the breath can be more than 50 % above the alcohol level … Therefore, a breath meter reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%. ” 9 (6) Champion 16 (1985).

Many cops know. They also know that if the machine contradicts their judgment that the person they arrested is drunk, they won’t look good. So when the arrested person is told to blow into the mouthpiece of the machine, they will yell at him: “Keep breathing! Breathe harder! Louder!” As Professor Hlastala has discovered, this ensures that the breath captured by the machine will come from the bottom of the lungs, near the alveolar bags, which will be the richest in alcohol. With the higher alcohol concentration, the machine will give a higher, but inaccurate reading.

Business

All about disclosures, exhibits, and notices for owners

As a real estate investor and renting to tenants, it is important that you know the paperwork, laws, and regulations that govern the way you do business. The regulations established by each governing agency provide guidance on what necessary disclosures should be made to each tenant who moves into one of their properties. Ignorance of the law is no excuse and if you do it incorrectly you can find yourself in many legal and financial problems.

There are different disclosures for different areas, but there are some that apply across the country. We will discuss these below:

Hazardous Materials Notice

This is not required in all municipalities, but it is common in California. Informs tenants of any hazardous materials that may have been used in the construction or rehabilitation of the property.

Lead Based Disclosures

This is a federal disclosure and must be disclosed to tenants. To comply with this disclosure, you need to know when your home was built, specifically prior to 1978. If your home was built prior to 1978, you will need to provide a brochure provided on the federal governments website stating that your home has been exposed to lead. paint. You will also need tenants to sign the form stating that they know there may be lead-based paint in the home.

Mold notification

Mold has received a lot of attention lately and can cause a great liability to homeowners. You can get mold disclosures at many landlord form sites scattered across the Internet.

In many cases, these notifications do not necessarily mean that there is a problem with your home or unit. It is simply informing the tenant and complying with federal, state, and local laws governing notifications and disclosures.

Roommate amendendum

This really comes into play for us since we live in a college town. The person signing the lease does not abide by the terms of the lease and the roommate claims to be ignorant of the whole situation. This amendment makes the roommate liable for damage to the property and the lease. It is important to know who lives on your property. I always get a list of all the people who will be the person’s roommates and ask them to sign the lease as well.

Pet Ammendum

This amendment is very important if you decide to allow pets on your rental property. Allowing pets can be a niche market, as many do not allow it. We have specific units that allow pets. These units typically have hardwood floors, so we don’t have to worry about pets destroying the carpet. Be aware that pets can also destroy laminate flooring. Don’t make the mistake of thinking you have hardwood flooring in a unit when you actually have laminate flooring. Damaged laminate flooring from pets can often be worse than the damage they cause to carpet. Also be careful about the type of pet you allow on the property. If a tenant has an aggressive pet that bites someone, you could be held liable. Be sure to clearly state what type of pet they are allowed and be very specific. If you allow pets, it is a good idea to request an additional deposit for the property. Pets can cause a lot of damage to property, as we have learned over the years. Cats in particular, if not cleaned afterwards, can leave an odor that is very difficult to remove, especially on the carpet.

Business

How to dissolve an LLC

In these tough economic times, I get as many inquiries about the dissolution of LLCs as the initial organization. Some business owners find it somewhat surprising when presented with the steps required to legally dissolve their US-based LLC.First, the basic steps for dissolution of the LLC:

  1. Members vote to dissolve;
  2. Adoption of the dissolution plan;
  3. Real liquidation of the business;
  4. Obtain a tax clearance letter from your state tax authority and
  5. File a certificate of dissolution with the Secretary of State’s office (for the state where your LLC is organized).

Step 1 seems simple enough at first glance, but what if fewer than all the LLC members agree to dissolve? First, check the LLC’s operating agreement to see what percentage of member votes it requires for dissolution. Typing “Sample LLC Operating Agreement” into Google (TM) will return a list of sample agreements that must contain language for the dissolution of the LLC. If your operating agreement is silent on the subject, then LLC state law controls. Most require the unanimous consent of the members to voluntarily dissolve the LLC with the notable exception of California. See Cali. Corp. Section 17350 (b) of the Code (“majority vote in the interests of the members”). If the unanimous consent of the members is required in the operating agreement, is there still a way to dissolve the LLC with less than unanimous consent? Yes. Most states allow legal action by dissident members to dissolve an LLC when they have reached a management standoff. It’s costly and time-consuming to go to court on such an issue, so try to resolve it with your peers before going down that road.

The dissolution plan basically sets out the methodology under which the LLC’s business operations will be suspended, assets will be sold, creditors will be paid, and what will happen to the remaining funds. If the LLC is insolent (meaning its assets are less than its liabilities), then the plan must address the allocation of the LLC’s assets among creditors. One suggestion on this front: pay all government tax authorities before private creditors, if possible. The plan must be adopted by the members of the LLC. After the adoption of the plan, the next step is the actual liquidation of business affairs. The law requires that the LLC’s creditors be notified that a dissolution plan has been adopted. Once the LLC’s business affairs have been settled, the LLC requests a tax settlement letter from the appropriate state tax authority. Once purchased, the tax settlement letter is filed with the certificate (or notice) of dissolution at the Secretary of State’s office. In most cases, you can find a pre-printed Certificate of Dissolution form on the Secretary of State’s website. I suggest obtaining this form at the beginning of the dissolution process and reading the instructions carefully. The instructions should list all steps for dissolution in your state.

There is a simplified procedure for dissolving an LLC that has not yet started business operations. Better yet, the website of the secretary of state (or equivalent office that makes incorporations) often has a pre-printed form to use in dissolving LLCs that have not yet started business.

Business

Buying an ice cream truck – make things work for little money!

Hi, my name is Tim and for the past two years I have made a living as an ice cream vendor in Boston. I remember when I first had the idea of ​​running an ice cream truck business, I was put off by the mistaken belief that the upfront costs involved – the truck, equipment, and inventory – would make it unfeasible for my budget. However, after doing some research on the different options available, I found that this was not the case; in fact, there are many options available that make getting started easy and affordable. Here are two things anyone thinking of buying an ice cream truck should know:

First of all, you don’t have to buy your truck outright; To be honest, I wouldn’t suggest buying a vehicle unless you’re committed to making this a long-term business venture. If you want to buy your truck, a good place to start is Craigslist. With a little research and persistence, you can find some really incredible deals by searching the site from your local area. If you keep going like this, you should be able to find a truck that will cost you no more than $ 3000- $ 5000.

The second mistake many people often make is thinking that ice cream trucks are made for a purpose. The truth is that very few of these trucks were built to sell ice cream. Most of them, including mine, are just pickup trucks and pickup trucks. Converting a truck or van is a relatively simple process, all you really need is a side window and your freezer bolted to the vehicle’s body and you’re good to go. It’s probably best to have a professional do the conversion for you, but if you’re mechanically inclined and have the right tools, it’s definitely a do-it-yourself project. If you search hard enough, you should be able to find a used truck for less than $ 1,000. Estimate another $ 1,000 at least for a cold plate freezer (I have some tips on my site for making a cheap freezer if you don’t want to get a cold plate) and another hundreds to install your service window and buy paint to paint your truck. Make sure you buy thick Plexiglass for your service window (I got 1/4-inch from Home Depot) and note the size of the Plexiglass you can buy before cutting the window hole so that you only have to buy one piece (what will). it will probably cost around $ 100).