BERYS LAW | Business, Real Estate, Wills/Trusts

Short-term rental platforms, such as Airbnb and VRBO, have changed the way individuals travel and seek accommodation. While the short-term rental industry offers lucrative opportunities for property owners, they still need to be careful of potential pitfalls. 

This article explores some important legal considerations for those venturing into short-term rentals.

Local Zoning and Regulations

One of the first legal considerations for short-term rentals is local zoning ordinances and regulations. Zoning laws vary widely, and some areas may have restrictions or outright bans on short-term rentals. Property owners must research and comply with these regulations to avoid legal consequences, including fines and cease-and-desist orders.

Some municipalities have specific zoning categories for short-term rentals, whereas others may require special permits. For this reason, property owners should consult with local authorities or legal professionals to ensure full compliance with these...

When entering into a residential lease agreement, tenants are not merely securing a physical space — they are also gaining certain rights and assurances that affect their quality of life. 

One important element of these rights is known as "quiet enjoyment." This term, often seen in lease agreements, goes beyond the literal interpretation of silence and encompasses a range of conditions that foster a peaceful and undisturbed living environment for tenants. 

Here, we will explore the concept of quiet enjoyment, what it entails, and how it can impact the landlord-tenant relationship.

Defining Quiet Enjoyment

Quiet enjoyment, in the context of a lease agreement, refers to the tenant's right to use and enjoy the leased premises without interference or disturbance from the landlord, other tenants, or external factors. It encompasses more than just noise control; it extends to the tranquility, privacy, and comfort that a tenant can reasonably expect while residing in the...

While being a landlord can be a rewarding venture, challenges can arise when it comes to dealing with problematic tenants. In some cases, landlords may find themselves faced with the need to navigate the eviction process. 

Understanding the legal steps involved and having a clear strategy help protect your property and uphold your rights as a landlord. Below, we’re going to explore the ways landlords can effectively navigate the eviction process.

Know Your Lease Agreement

Before initiating the eviction process, it's important to thoroughly review the lease agreement you have with your tenant. Make sure that you are well-versed in the terms and conditions outlined in the lease, including any clauses related to breaches of contract, non-payment of rent, or other violations.

Document Everything

Successful eviction cases often hinge on thorough documentation. Keep detailed records of all communication with the tenant, including emails, letters, and notices served. Document...

Property ownership is a cornerstone of stability and security, but it is not without its challenges. One common issue that homeowners may encounter is property boundary disputes. 

These conflicts can arise for various reasons, such as unclear property lines, changes in land use, or disagreements between neighbors. Understanding the legal aspects of property boundaries will help in resolving disputes and maintaining harmonious relationships within communities.

Here’s what you need to know. 

The Source of Boundary Disputes

Property boundary disputes often stem from unclear or poorly defined property lines. In some cases, these lines may not be accurately documented. This can lead to confusion about the extent of each owner's land.

Changes in land use or property development can also trigger disputes, as neighbors may have different opinions about how such changes impact their properties. Moreover, disagreements may arise when individuals inherit or purchase property...

An unlawful detainer is a legal term that strikes fear into the hearts of homeowners and tenants alike. 

In essence, it refers to a legal action initiated by a landlord to regain possession of a property when a tenant refuses to vacate despite the expiration of their lease or rental agreement. 

Facing an unlawful detainer can be a daunting and stressful experience, but knowing your rights and understanding the proper steps to take can empower you to defend yourself and your home. 

In this guide, we will explore effective strategies to shield yourself from an unlawful detainer and navigate the legal process with confidence.

Understanding Your Rights

The first step in defending yourself from an unlawful detainer is understanding your rights as a tenant. Familiarize yourself with local landlord-tenant laws, lease agreements, and any renter protections that may apply in your jurisdiction. 

Knowing your rights is a must in building a strong defense and ensuring that...

Selecting the right tenant is a huge aspect of successful property management. A thorough tenant screening process not only helps protect your property but also promotes a positive landlord-tenant relationship. 

To achieve this, you’ll need to conduct tenant screenings fairly and consistently. Here, we’re going to outline steps to help you screen tenants fairly for your rental properties.

Establish Clear Criteria

Start by defining specific criteria that potential tenants must meet. This may include a minimum credit score, a certain income threshold, rental history, and references. By establishing clear requirements, you create a transparent process that applies to all applicants.

Use a Standardized Application Form

Provide each applicant with the same standardized application form. This helps with uniformity and prevents any appearance of discrimination or bias. The form should request information on the following: employment history, rental history, personal...

Emotional support animals (ESAs) play a vital role in providing comfort and assistance to individuals dealing with mental health challenges. While they are not considered service animals under the law, ESAs are protected by certain regulations, including the Fair Housing Act (FHA). 

This raises an important question for landlords: Can they limit the number of emotional support animals in their rental property? This article explores the legal framework surrounding this issue and provides guidance for both landlords and tenants.

Fair Housing Act and Emotional Support Animals

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability. Under the FHA, landlords are required to make reasonable accommodations for individuals with disabilities, which includes allowing them to have emotional support animals, regardless of any pet policies in place.

Number of ESAs: Reasonable...

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...

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...

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?

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