BERYS LAW | Business, Real Estate, Wills/Trusts

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?

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...

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...

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...

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...

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...