June - 2018

Rental Agreements

Rental Agreements

California most often utilizes a periodic rental agreement or lease. A periodic rental agreement is an oral or written rental contract between the landlord and the tenant for a stated length of time (whether days, weeks, or months). A periodic rental agreement that requires one rent payment each month is a month-to-month rental agreement and the tenancy is a month-to-month tenancy. California presumes that the rental period, unless otherwise agreed, is for 30 days. The landlo

Lis Pendens and Tax Liens

Lis Pendens and Tax Liens

Where a title to property is disputed in a lawsuit, either party may record a lis pendens to put others (third-parties) on notice that there is a lawsuit pending. Lis pendens in essence means lawsuit pending and does not give the parties to the action foreclosure rights. Rather, it s a buyers beware notice to lenders or buyers that the title to the property is in dispute. Tax Liens A tax lien is an involuntary financial encumbrance placed upon property as a claim for payment.

Boundary Disputes

Boundary Disputes

A boundary line or property line is a perimeter of a parcel of land separating it from adjacent parcels. Under the agreed boundary doctrine, if there is uncertainty regarding an actual boundary line, the parties may agree to one. Most boundary disputes involve backyard fences or encroachments by landscaping. Other neighbor disputes deal with trees, views or incompatible uses of the property (including pets, noise and illegal activity). Trees Owners should not allow trees and

Landlord Liability for Mold in Rental Properties

Landlord Liability for Mold in Rental Properties

California requires that hazardous conditions be disclosed and mold is the newest environmental hazard causing renters concern. Mold comes in various forms and may be hidden between walls, underneath the floor, on the ceiling and more. Moreover, mold may grow as long as moisture is present in the climate. Mold may cause serious health risks to such tenants who inhale mold spores. A landlord may be held liable for ailments caused by mold under their responsibility to provide a

Planning and Zoning Regulations

Planning and Zoning Regulations

The General Plan is the constitution for land use within a particular city or county. There are seven elements required in a General Plan: Land use Circulation Conservation Housing Noise Public safety Open space *Cities along the coast must also address coastal development and protection of natural resources. Zoning works in a similar manner as a General Plan with regard to classifications where zoning ordinances divide a city into different geographic zones, in identifying t

Quiet Enjoyment Between Neighbors

Quiet Enjoyment Between Neighbors

In all residential agreements, you are entitled to peaceful and quiet enjoyment of your home. This can include rights within the home as well as a right against outside interferences. Most often however, noise is cause for conflict among neighbors. Excessive noise may impact a person's health and well being according to the California Health and Safety Code and as such, the state has taken measures to protect its citizens against excessive noise. The California Noise Control

Subletting or Assigning a Rental Agreement

Subletting or Assigning a Rental Agreement

Unless it is prohibited in the lease, a lessee may sublease or assign his/her interest in the property to another. Sublease A sublease is an arrangement where a lessee rents his/her leasehold interest to another, called the sublessee. The sublessee is liable to the original lessee. The sublessor is liable for payment of rent to the owner under the original lease, however. Assignment Unlike a sublease, a lessee can give up all of their rights to use or possess the property thr

Habitability Issues

Habitability Issues

Where there are repair problems involving the health, safety or welfare of the tenant, the landlord has a duty to make necessary repairs under the implied warranty of habitability. The tenant should notify the landlord of the problem (preferably in writing). If after a reasonable time the landlord ignores the requests or refuses to make repairs, the tenant may: repair and deduct, abandon the rental unit, or withhold rent. Before using the above remedies, the tenant should con

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