BERYS LAW | Business, Real Estate, Wills/Trusts

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...

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...

Being wrongfully evicted from a rental property can be a distressing and challenging experience for tenants. As a tenant, it's important to know that you have rights and legal protections in place to prevent unlawful eviction. If you find yourself in this situation, here’s a guide to help you navigate through it.

1. Stay Calm and Gather Evidence

If you believe you're facing a wrongful eviction, remain calm and collected. Start by documenting everything related to the eviction. This includes any notices you received, communication with your landlord, and photographic evidence of the property's condition.

2. Review Your Lease Agreement

Carefully review your lease agreement to understand the terms and conditions that govern your tenancy. Pay special attention to clauses related to eviction procedures, notice periods, and any circumstances under which eviction is allowed.

3. Check Local Laws and Regulations

Familiarize yourself with the tenant rights and landlord-tenant laws in your ...

One common concern for landlords is potential damage to their rental property. Understanding your rights as a landlord in such situations is the first step towards protecting your investment. Here’s what you need to know!

Security Deposits and Normal Wear and Tear

Most rental agreements include a security deposit collected at the start of the lease. This deposit acts as a financial cushion for landlords in case of property damage beyond normal wear and tear. It’s essential to distinguish between the two:

• Normal Wear and Tear: This includes the gradual deterioration of the property due to aging and normal use. Faded paint, minor scuffs on floors, and worn-out carpets are examples of normal wear and tear.
• Property Damage: This involves any excessive or intentional harm caused by tenants or their guests. This may include things like holes in the walls, broken appliances, or extensive stains on the carpet.

Inspecting the Property

Regular inspections of the property can help ident...

A residential real estate lawyer is a legal professional who specializes in property law, particularly in residential real estate transactions. Their primary role is to provide legal guidance and support to buyers, sellers, and lenders involved in these transactions. 

In this guide, we’ll discuss the key responsibilities and tasks of a residential real estate lawyer and whether you need one to look out for your best interests. 

Contract Review and Drafting

Residential real estate lawyers review and, if necessary, draft purchase agreements, sales contracts, lease agreements, and other legal documents related to the transaction. They ensure that these documents accurately reflect the parties' intentions and protect their legal rights.

Title Examination

One of the most critical tasks of a real estate lawyer is conducting a title search to verify the property's legal ownership and confirm that there are no outstanding liens, encumbrances, or title defects. This helps prevent potential...

A home loan modification is a financial arrangement made between a homeowner and their mortgage lender to adjust the terms of an existing mortgage in order to make it more affordable for the homeowner. 

This is typically done when the homeowner is facing financial hardship and is struggling to meet their monthly mortgage payments. A home loan modification can be a lifeline for those at risk of foreclosure, helping people keep their homes while avoiding the devastating consequences of losing their property.

Here's a closer look at what a home loan modification involves. 

The Purpose of Home Loan Modification

The primary purpose of a home loan modification is to make the monthly mortgage payments more manageable for the homeowner. This is often necessary when the homeowner faces financial challenges due to factors such as job loss, medical expenses, divorce, or other reasons. 

By modifying the loan terms, the lender aims to help the homeowner avoid defaulting on the mortgage and pot...

Homeowners associations (HOAs) help in maintaining the appearance and functionality of residential communities. They set rules and regulations, manage communal areas, and collect fees for these services. 

However, like any organization, HOAs can encounter problems. Some of these issues can be resolved amicably, but there are times when you may need a lawyer to step in. 

1. Unreasonable Rules and Regulations

HOAs are responsible for creating and enforcing rules that maintain the community's appearance and quality of life. However, some HOAs can become overly strict or arbitrary in their regulations. 

If you believe that the rules in your community are unreasonable or discriminatory, it may be time to consult an attorney. They can help you understand your rights and work with the HOA to find a fair solution.

2. Fee Disputes

HOAs rely on member dues to cover expenses such as landscaping, maintenance, and insurance. Fee disputes can arise if members believe their fees are too high or...

Renting a property is a common arrangement that provides housing solutions for millions of people around the world. However, it is not without its challenges. Landlord-tenant disputes can arise for various reasons, and they can lead to significant stress and financial burdens for both parties involved. 

Understanding the common causes of these disputes can help landlords and tenants alike navigate potential conflicts and maintain a harmonious living arrangement.

1. Rent and Payment Issues

One of the most frequent causes of disputes is related to rent and payment. Delays in rent payment, failure to pay in full, or disagreements over the amount due can quickly escalate into heated arguments. Landlords rely on timely rent payments to cover mortgage payments and property expenses, while tenants expect their homes to be adequately maintained in exchange for their rent.

To avoid such disputes, landlords should ensure that they communicate clearly about rent expectations and payment metho...