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 references, and finan...

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 Accom...

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...

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...