BERYS LAW | Business, Real Estate, Wills/Trusts

The age-old question of who bears the responsibility for pest control in a rental property is a common source of disputes between landlords and tenants. Pests can be a nuisance and a health hazard, making it important to address this issue promptly. 

However, determining the party responsible for pest control largely depends on the circumstances and local laws. 

Lease Agreements and Local Laws

The first place to look when determining pest control responsibility is the lease agreement. Some leases explicitly state whether the landlord or tenant is responsible for pest control. Both parties need to thoroughly read and understand the terms of the lease before signing it.

In some regions, there are specific laws and regulations governing pest control responsibilities in rental properties. For instance, certain states in the U.S. have laws that outline who is responsible for dealing with pests. That said, tenants and landlords should familiarize themselves with the local laws in their a...

As a tenant in California, you need to know your rights and also understand the responsibilities of your landlord. California law provides a framework that outlines the obligations of landlords to make sure that rental properties are safe, habitable, and well-maintained. 

Below, we'll go over some of the things that landlords are legally responsible for under California law.

Providing a Habitable Living Space

One of the primary responsibilities of a landlord in California is to provide tenants with a habitable living space. This includes ensuring that the property is free from hazards that could affect the health or safety of occupants. It also encompasses providing adequate heating, plumbing, and electrical systems.

Maintaining Essential Services

Landlords are required to provide and maintain essential services, such as clean water, gas, electricity, and heating. Any interruption in these services must be promptly addressed by the landlord. If a landlord fails to do so, it may gi...

Tenants are generally obligated to pay rent on time. However, there are specific circumstances where they may be legally justified in withholding rent. Withholding rent refers to the act of a tenant choosing not to pay their rent to their landlord, typically due to certain issues or disputes related to the rental property. Know that this action is not taken lightly and is usually considered a last resort.

This guide discusses some of the legal reasons that may permit a tenant to withhold rent.

Violation of Habitability Standards

One of the primary legal reasons for a tenant to withhold rent is if the rental property fails to meet habitability standards. This includes providing basic amenities like heating, clean water, electricity, and a structurally sound living environment. If a landlord fails to address serious habitability issues, tenants may be legally permitted to withhold rent until the problems are resolved.

Discover: What Are Your Rights as a Tenant in California?

Repairs...

Navigating the complex world of taxes is an integral part of running a successful small business. While many entrepreneurs rely on accountants or tax software, there are situations where the expertise of a tax attorney will be needed. 

If you want to learn more about what a tax attorney does, we'll explore the various ways they can assist your small business in managing its tax obligations effectively.

Tax Planning and Strategy

A tax attorney is well-versed in tax law and can help you develop a comprehensive tax strategy for your business. They can analyze your financial situation, business structure, and long-term goals to create a plan that maximizes deductions and minimizes tax liabilities. This proactive approach can save your business money and make sure that you comply with all relevant tax laws.

Handling IRS Audits and Disputes

Facing an IRS audit can be a daunting and stressful experience for any small business owner. A tax attorney can step in and represent your interests...

Estate planning is not solely reserved for married couples. Unmarried couples can also benefit from taking proactive steps to protect their assets, provide for one another, and ensure their wishes are honored in case of incapacity or passing. 

In this post, we will discuss essential estate planning tips specifically tailored for unmarried couples.

1. Open Communication and Shared Goals

Before diving into legal documents, it's vital for unmarried couples to have open and honest conversations about their individual and shared financial goals. Discuss your wishes, expectations, and how you envision providing for one another in the future.

2. Create Wills

A will is the foundation of any estate plan. It allows you to specify how you want your assets to be distributed upon your passing. In the absence of a will, state laws may determine how your assets are divided, potentially leaving your partner without the protection you intended.

Learn more: What Is the Difference Between a Will an...

Real estate transactions involve substantial sums of money, making them an attractive target for fraudsters. As a buyer, seller, or investor, it’s essential to be aware of the various types of fraud that can occur in the real estate industry. That’s what we'll explore in today’s post. We’ll also discuss some tips on how to protect yourself from falling victim.

Mortgage Fraud

Mortgage fraud occurs when false information is provided to secure a mortgage or to influence the terms of a loan. This can involve inflating property values, providing fake employment information, or misrepresenting income. 

Solution: To avoid falling victim to mortgage fraud, work with reputable lenders, and conduct thorough due diligence on all parties involved in the transaction.

Identity Theft

In real estate, identity theft can occur when a fraudster poses as a legitimate property owner or buyer. They may forge documents or use stolen personal information to gain access to properties or manipulate transac...

As a tenant in California, you need to be aware of your rights and protections under state law. Understanding these rights empowers you to advocate for fair treatment and maintain a healthy, safe living environment.

 In this article, we'll go over the key rights that tenants have in California.

Right to a Habitable Property

One of the most fundamental tenant rights is the right to a habitable dwelling. Landlords in California are legally required to maintain the premises in a livable condition, free from hazardous or dangerous conditions that may affect your health or safety. 

Such requirement is outlined in the California Civil Code and include the following:

• The rental property must be properly weatherproofed to prevent water intrusion. This includes roofs, walls, windows, and doors.
• The property must have a functioning water supply system that provides hot and cold water. Plumbing fixtures, such as sinks, bathtubs, and toilets, must be in good working order.
• The structure o...

A business succession plan is a structured strategy that outlines how a business will be transferred, sold, or otherwise transitioned to new ownership or management when certain events happen. These could include the retirement, disability, death, or voluntary exit of the current owner(s) or key stakeholders in the business.

Creating a solid business succession plan is a proactive approach that not only safeguards the business's continuity but also ensures that the owner's hard work and investment are protected.

Here’s what you need to know about the key steps to create an effective business succession plan.

Start Early and Plan Strategically

Early planning is essential for a successful business succession. Begin by assessing your long-term goals for the business and determining the ideal timeline for the transition. Consider your retirement age, the capabilities of potential successors, and the current state of the business.

Identify Potential Successors

Identifying suitable suc...

Starting a successful business involves numerous legal considerations. From formation and contracts to compliance and intellectual property, legal matters are integral to the smooth operation of any enterprise. 

This is where the skills of a business lawyer come in. In this article, we'll explain how a lawyer can assist with planning your business and why their expertise is invaluable in safeguarding your interests. Read on. 

Choosing the Right Business Structure

When starting a business, you need to choose the appropriate legal structure, such as sole proprietorship, partnership, LLC, or corporation. Each structure has distinct legal implications regarding liability, taxation, and management. 

A lawyer can offer guidance on selecting the structure that aligns best with your business goals and protects your personal assets.

Drafting and Reviewing Contracts

Contracts are the foundation of any business operation, governing relationships with customers, vendors, partners, and employ...

Navigating the legal landscape of the workplace benefits both employers and employees. When you understand and address common legal issues, you can help maintain a healthy work environment and protect individual rights. 

Below, we will explore some of the most prevalent legal concerns in the workplace and provide insights on how to handle them effectively.

Discrimination and Harassment

Discrimination and harassment remain pervasive issues in many workplaces. They can manifest in various forms, including age, gender, race, religion, and disability discrimination. 

Employers must create a culture of inclusivity and take immediate action when such incidents occur. Some strategies include establishing clear policies, conducting regular training, and implementing robust reporting mechanisms. These are essential for preventing and addressing discrimination and harassment.

Wrongful Termination

Wrongful termination claims arise when an employee believes they were fired unfairly, often in...