BERYS LAW | Business, Real Estate, Wills/Trusts

Screening rental applicants is an essential part of a landlord's job. It helps ensure the tenant is a good fit for the property and protects the landlord’s investment. However, California has strict laws that govern what landlords can and cannot ask during the application process. By adhering to these legal guidelines, landlords can avoid discrimination claims and create a fair screening process.

Legal Questions Landlords Can Ask

Financial Stability and Income Verification

Landlords are allowed to inquire about an applicant’s financial stability to ensure they can afford the rent. Common questions include:

• What is your monthly income?
• Can you provide recent pay stubs, tax returns, or bank statements?
• Do you have other sources of income, such as government assistance or pensions?

California law prohibits discrimination based on the source of income, so landlords cannot reject an applicant solely because they receive funds like Section 8 vouchers.

Employment Status

Landlords...

Starting a corporation in California can be an excellent way to structure your business, protect your personal assets, and establish credibility. However, the process involves several legal and procedural steps, and mistakes can be costly. By understanding and avoiding common errors, you can ensure a smooth incorporation process and set your business up for success.

1. Failing to Choose the Right Business Entity

One of the most frequent mistakes is not evaluating whether a corporation is the best business structure for your needs. California offers various options, including sole proprietorships, partnerships, LLCs, and corporations, each with distinct advantages and limitations. A corporation may be the best choice if you seek limited liability protection and plan to issue stock, but it may not be ideal for small operations due to stricter compliance requirements. Consulting a business attorney or tax professional can help you make an informed decision.

Read more: How to Choose the...

The Americans with Disabilities Act (ADA) is a landmark civil rights law enacted in 1990 to ensure equal access and opportunities for individuals with disabilities. One crucial aspect of the ADA is its impact on commercial properties, mandating accessibility in facilities open to the public and places of employment. Compliance with ADA regulations is not only a legal obligation but also a step toward inclusivity and equity. This article provides an in-depth understanding of ADA compliance for commercial properties.

What Is ADA Compliance?

ADA compliance refers to adherence to the guidelines established under the ADA, particularly those outlined in Title III and Title I. Title III applies to public accommodations, including retail stores, restaurants, hotels, and offices, requiring them to be accessible to individuals with disabilities. Title I focuses on ensuring accessibility for employees with disabilities within the workplace.

Compliance encompasses the removal of architectural b...

Real estate law governs the buying, selling, leasing, and usage of land and property. While these laws generally apply to all property transactions, they vary significantly between residential and commercial real estate. These differences stem from the distinct purposes, stakeholders, and regulations that apply to each type of property. Below is a comprehensive exploration of these differences.

1. Purpose of Use

The most fundamental difference lies in the intended use of the property. Residential real estate involves properties intended for personal living, such as single-family homes, apartments, or condominiums. Commercial real estate, on the other hand, refers to properties used for business purposes, such as offices, retail spaces, warehouses, or industrial facilities.

The purpose of the property determines the applicable laws. Residential real estate laws prioritize protecting the rights of individuals and families, focusing on habitability, fair housing, and tenant rights. Com...

As the year comes to a close, businesses must take a close look at their employee benefits and ensure compliance with all relevant regulations. This process not only helps companies avoid penalties but also gives employees confidence in their benefits, boosting morale and satisfaction. Here’s a guide to understanding the key aspects of employee benefits and compliance before year-end.

1. Review Benefit Plans for Compliance

Employee benefits, especially health insurance and retirement plans, are subject to federal regulations, including the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA). Employers must ensure their benefit plans comply with these regulations:

ACA Requirements: If your company has 50 or more full-time employees, it must offer affordable health insurance coverage that meets ACA minimum standards. Be sure to check that your plans meet these criteria to avoid costly penalties.

ERISA and 401(k) Plans: Employers offering retirement plans...

The holiday season can be financially challenging for many tenants, often leading to delays in rent payments. For landlords, this time of year brings unique challenges in addressing these delays without damaging tenant relationships or breaching any legal guidelines. Handling late rent payments during the holidays requires a balance of legal compliance, empathy, and effective communication. Here’s a guide on how to manage late rent payments legally and respectfully.

1. Understand the Legal Framework

Each state has different laws governing rent collection, late fees, and eviction processes. Familiarize yourself with the tenant-landlord laws in your state or jurisdiction. Key areas to focus on include:

• Notice Requirements: Most states mandate a specific period (e.g., three to 14 days) for issuing a notice of nonpayment before taking further action.
• Late Fees: Many states regulate the maximum allowable late fees, typically a percentage of the rent. Ensure that your late fee policies...

Commercial loan agreements are essential in providing businesses with the capital they need for growth, expansion, or operational support. However, these agreements come with challenges that can complicate relationships between lenders and borrowers if not managed carefully. Understanding these common challenges and strategies for resolving them can help businesses secure financing more effectively and maintain strong lender relationships. Here’s an overview of typical issues and practical solutions.

1. Complex and Restrictive Covenants

Commercial loan agreements often include covenants that place restrictions on the borrower’s activities. These can include financial covenants, which require the borrower to maintain certain financial ratios, and operational covenants, which may restrict business activities, additional borrowing, or asset sales. While covenants are designed to protect the lender’s interests, they can sometimes constrain a business’s operational flexibility.

Solution:...

As temperatures drop and snow blankets the landscape, winter brings with it specific home maintenance challenges. Both landlords and tenants have unique legal obligations in maintaining rental properties during these colder months, which can impact safety, comfort, and property value. Understanding these obligations can help prevent disputes, unexpected expenses, and potential legal complications. Here’s a guide to some of the most common winter home maintenance responsibilities for landlords and tenants.

Landlord Responsibilities

Landlords are generally required to maintain a property in habitable condition, which includes ensuring safe and functional heating systems, maintaining weatherproofing, and handling essential repairs. Here are some specific winter obligations:

Heating System Maintenance: It’s the landlord’s responsibility to ensure that the heating system is working efficiently and safely. This often means conducting annual inspections and necessary repairs. If tenants ...

In business partnerships, disagreements are almost inevitable. While many conflicts can be resolved through communication and compromise, some issues require the intervention of legal professionals to ensure fair outcomes and protect individual rights. Knowing when to seek legal help for partner disputes is crucial to safeguarding both the partnership and the business. Here are key situations where legal assistance is beneficial:

1. Breach of Contract or Fiduciary Duty

If a partner fails to meet their contractual obligations or breaches fiduciary duties, it’s a significant red flag. Fiduciary duties include acting in the business’s best interests, avoiding conflicts of interest, and maintaining transparency. A breach may involve misappropriating funds, making unauthorized decisions, or engaging in actions that benefit a partner’s personal interests over the business. In such cases, seeking legal advice can help determine the best course of action and clarify your options for addres...

Partnerships are a popular business structure, allowing individuals to pool their resources, skills, and expertise. When well-managed, partnerships can foster innovation and business growth. However, differences in vision, values, or management approaches can lead to disputes, putting the business at risk. Understanding the common causes of partner disputes can help prevent conflict, encourage constructive dialogue, and keep the partnership strong. Here are some frequent sources of conflict in business partnerships:

1. Differences in Vision and Goals

One of the main reasons partners clash is due to divergent visions and goals for the business. At the outset, partners may appear aligned, but as the business grows, their objectives can evolve. For example, one partner might want to expand the business aggressively, while the other may prefer a conservative approach, focusing on consolidating resources. Differences in risk tolerance or growth ambitions can lead to a breakdown in communi...