BERYS LAW | Business, Real Estate, Wills/Trusts

As a landlord, renting out property comes with many responsibilities, including ensuring a safe living environment for tenants. However, accidents can happen, and when a tenant is injured on the premises, the question of landlord liability arises. Understanding when a landlord is legally responsible for a tenant’s injury is crucial for both property owners and renters.

General Principles of Landlord Liability

Landlords are not automatically liable for every injury that occurs on their property. Instead, their liability depends on factors such as negligence, duty of care, and adherence to landlord-tenant laws. In general, a landlord can be held responsible if the injury resulted from unsafe conditions that the landlord knew or should have known about and failed to address.

Common Situations Where a Landlord May Be Liable

Several scenarios can make a landlord legally responsible for a tenant’s injury:

Failure to Maintain the Property

Landlords have a duty to maintain the premises...

 Homeowners’ associations (HOAs) play a vital role in maintaining community standards, enforcing rules, and ensuring shared amenities are well-managed. While they provide benefits such as property value protection and neighborhood uniformity, HOAs also wield significant legal powers that can impact homeowners. Understanding these powers is essential for anyone living in an HOA-governed community.

1. Creation and Enforcement of Rules

HOAs have the authority to establish and enforce rules through governing documents, typically consisting of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents outline homeowners' obligations, restrictions on property usage, and architectural guidelines. Failure to comply can lead to fines, penalties, or other enforcement actions.

Read more: Top Mistakes Homebuyers Make When Reviewing HOA Documents

2. Collection of Fees and Assessments

HOAs rely on fees from homeowners to maintain com...

Age discrimination in housing is an often-overlooked issue that affects both seniors and young renters. While many people are aware of housing discrimination based on race, gender, or disability, age-based discrimination is equally harmful and can limit housing opportunities for individuals at both ends of the age spectrum. Understanding what constitutes age discrimination, how to recognize it, and what steps to take if you experience it is crucial for ensuring fair treatment in the housing market.

What is Age Discrimination in Housing?

Age discrimination occurs when someone is treated unfairly in housing-related transactions because of their age. While the federal Fair Housing Act (FHA) does not explicitly include age as a protected category, certain age-related discrimination cases may fall under other protected classes. For example, discrimination against seniors may intersect with disability discrimination, while discrimination against young renters may overlap with familial stat...

Housing discrimination is a pervasive issue that undermines the principles of equality and fairness. It occurs when individuals or groups are treated unfairly in housing-related transactions based on protected characteristics such as race, color, religion, sex, disability, familial status, or national origin. Recognizing and reporting housing discrimination is essential to ensuring that everyone has equal access to housing opportunities. Here’s how you can identify and address this issue effectively.

Recognizing Housing Discrimination

Housing discrimination can take many forms, some of which are subtle and difficult to detect. Here are common signs to watch for:

• Differential Treatment: If a landlord, real estate agent, or property manager treats you differently from others based on your protected characteristics, it may be discrimination. For example, being told a unit is unavailable when it is actually still on the market, or being shown fewer properties than other applicants.
• D...

Investing in rental properties can be a lucrative way to generate passive income and build long-term wealth. However, as your real estate portfolio grows, so does the need to protect your assets and plan for the future. One common strategy used by property owners is placing rental properties into a trust. But can you put a rental property in a trust? The answer is yes, and doing so can offer several benefits, including asset protection, estate planning advantages, and potential tax benefits.

What is a Trust?

A trust is a legal entity that holds assets on behalf of a beneficiary or beneficiaries. It is created by a grantor (the person who owns the assets) and managed by a trustee, who is responsible for administering the trust according to its terms. There are several types of trusts, but the most common ones used for real estate are revocable living trusts and irrevocable trusts.

Why Put a Rental Property in a Trust?

Estate Planning and Probate Avoidance

One of the primary reasons...

A real estate closing is the final step in the property transaction process, where ownership officially transfers from the seller to the buyer. This stage involves various legal, financial, and administrative tasks that require careful attention to detail. An attorney plays a crucial role in ensuring that the closing process is legally sound and that the interests of their client—whether buyer or seller—are well protected.

Reviewing and Preparing Legal Documents

One of the primary responsibilities of a real estate attorney is to review and prepare the legal documents involved in the closing process. These documents may include the purchase agreement, deed, mortgage documents, title insurance policies, and closing disclosures. An attorney ensures that all terms and conditions are clearly defined and legally enforceable, reducing the risk of future disputes.

Conducting Title Search and Resolving Issues

A critical aspect of real estate transactions is verifying the title to ensure tha...

When purchasing a home within a community governed by a homeowners' association (HOA), reviewing the HOA documents is a critical step. These documents outline the rules, regulations, and financial health of the community. However, many homebuyers make mistakes during this review process, leading to unexpected challenges after closing the deal. Understanding these common pitfalls can help buyers make more informed decisions.

1. Failing to Read the Documents Thoroughly

One of the most common mistakes is not reading the HOA documents in their entirety. These documents include covenants, conditions, and restrictions (CC&Rs), bylaws, and rules and regulations, which dictate what homeowners can and cannot do. For example, restrictions on exterior modifications, parking rules, or pet policies may affect your lifestyle. Skipping over these details can lead to conflicts with the HOA or dissatisfaction with the community rules.

Read more: Common Pitfalls in HOA Documents: What to Watch Out Fo...

Eviction is a complex process that landlords must approach carefully to ensure compliance with the law and maintain professionalism. Serving an eviction notice is a critical step in the process, and landlords must follow specific legal requirements while adopting best practices to protect their interests and the rights of tenants.

Legal Requirements

1. Understand Local Laws
   Landlord-tenant laws vary significantly by state, county, and city. Landlords must familiarize themselves with the regulations in their jurisdiction, including the types of eviction notices required, allowable grounds for eviction, and the timelines involved.
2. Valid Grounds for Eviction
   Legal grounds for eviction typically include nonpayment of rent, lease violations, illegal activities on the premises, or the expiration of a lease term without renewal. Landlords cannot evict tenants for discriminatory reasons or in retaliation for complaints about property conditions or other protected activities.
3. Proper Notice Typ...

Renting a property can be a challenging process, and unfortunately, scammers often exploit the housing market to target unsuspecting renters. Awareness of common rental scams and knowing how to avoid them can save you time, money, and stress. Here are the top five rental scams and tips to protect yourself.

1. Fake Listings

One of the most prevalent rental scams involves fake property listings. Scammers copy legitimate listings and post them on different platforms at significantly reduced prices to lure renters. When interested tenants contact them, they claim they are out of town and request payment upfront to "secure" the property.

How to Avoid:

• Verify the listing by cross-checking it on multiple rental platforms.
• Research the property address to confirm its existence and ownership.
• Never send money before seeing the property and meeting the landlord in person.

2. Phantom Rentals

In this scam, the advertised property doesn’t exist, or the scammer doesn’t have the authority...

 Effective July 1, 2025, Assembly Bill 2801 (AB 2801) will bring significant changes to California's rental laws, particularly in how security deposits are handled. Designed to increase transparency and fairness, the bill aims to address long-standing issues between landlords and tenants over deposit deductions. Here’s a detailed look at what AB 2801 entails and how it will impact both parties.

Key Changes Under AB 2801

Photographic Evidence Requirement

AB 2801 mandates that landlords provide photographic documentation when deducting costs from a tenant's security deposit. This evidence must clearly show the damage or cleaning required beyond normal wear and tear. Additionally, an itemized statement of the deductions must accompany the photos.

This new requirement benefits both parties by:

• Giving tenants visual proof of the reasons for deductions.

• Encouraging landlords to document their claims thoroughly, reducing potential disputes.

Reinforced Timeline for Deposi...