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Owning a rental property can be a lucrative business for California residents, but many do not fully realize the numerous responsibilities that come with being a landlord. These go beyond maintaining residential premises that are safe and comfortable for tenants. In fact, failing to fulfill your duties as a landlord can result in adverse legal repercussions. According to FindLaw, there are many common mistakes that landlords can make. You may find it beneficial to learn how to avoid making the same errors, which may include the following: Not disclosing problems you know about on the property to tenants, such as mold, lead paint or the proximity of known registered sex offenders Failing to make repairs when necessary or to create a safe environment for tenants to live in Asking questions that can be seen as discriminatory, such as inquiries on prospective tenants’ race, religion, disabilities or sexual orientation, or including illegal provisions in the rental contract Not keeping adequate renters’ insurance for the property Failing to return security deposits if the property was sufficiently cleaned and undamaged after the renters moved out It is in your best interests to fulfill your obligations as a landlord, not only to provide a safe and acceptable place for your tenants to live in, but to protect yourself from being sued by former residents or fined by authorities for breaching your duties. Landlord/tenant issues are often complex and difficult to represent in court. Therefore, the information in this blog is meant to educate you, but it should not replace the advice of a lawyer.

Owning a rental property can be a lucrative business for California residents, but many do not fully realize the numerous responsibilities that come with being a landlord. These go beyond maintaining residential premises that are safe and comfortable for tenants. In fact, failing to fulfill your duties as a landlord can result in adverse legal repercussions. According to FindLaw, there are many common mistakes that landlords can make. You may find it beneficial to learn how to avoid making the same errors, which may include the following: Not disclosing problems you know about on the property to tenants, such as mold, lead paint or the proximity of known registered sex offenders Failing to make repairs when necessary or to create a safe environment for tenants to live in Asking questions that can be seen as discriminatory, such as inquiries on prospective tenants’ race, religion, disabilities or sexual orientation, or including illegal provisions in the rental contract Not keeping adequate renters’ insurance for the property Failing to return security deposits if the property was sufficiently cleaned and undamaged after the renters moved out It is in your best interests to fulfill your obligations as a landlord, not only to provide a safe and acceptable place for your tenants to live in, but to protect yourself from being sued by former residents or fined by authorities for breaching your duties. Landlord/tenant issues are often complex and difficult to represent in court. Therefore, the information in this blog is meant to educate you, but it should not replace the advice of a lawyer.

When you purchase real estate in California, the seller and/or listing agent must disclose any material defects. A material defect is a problem or issue with the property that could negatively affect your decision to buy. The law requires sellers to disclose material defects to avoid misrepresentation or fraud. If you knew someone had died on the property in the past, would that make you less likely to buy it? For some people, the answer is yes. However, California law regards death on the property as a material defect only under certain circumstances. Three-year rule Under state law, a death that occurs on the property within three years of your purchase/rental offer is a material defect. As such, the seller has a responsibility to disclose it to you and other potential buyers. However, once the three-year time frame has elapsed, the seller is no longer under any obligation to voluntarily disclose information about a death that occurred previously on the property. Nevertheless, if it is important to you to know whether or not anyone has ever died on the premises, ask the seller about it specifically. Even though the law does not require the seller to volunteer the disclosure after three years, it does require the seller to tell the truth about any deaths that have occurred on the property if asked directly. If you find out that the seller has lied in response to your inquiry about deaths on the property, or failed to disclose a death that happened within the three-year time limit, you have grounds to file a lawsuit. One exception California law allows one exception to the rules regarding death disclosures in real estate transactions. A seller does not have to disclose a death that occurred within three years if the cause was acquired immune deficiency syndrome, nor does the seller have to tell you about a more remote death that occurred due to AIDS when questioned. The reason is that federal law regards such disclosures as discriminatory due to the condition’s classification as a disability.

When you purchase real estate in California, the seller and/or listing agent must disclose any material defects. A material defect is a problem or issue with the property that could negatively affect your decision to buy. The law requires sellers to disclose material defects to avoid misrepresentation or fraud. If you knew someone had died on the property in the past, would that make you less likely to buy it? For some people, the answer is yes. However, California law regards death on the property as a material defect only under certain circumstances. Three-year rule Under state law, a death that occurs on the property within three years of your purchase/rental offer is a material defect. As such, the seller has a responsibility to disclose it to you and other potential buyers. However, once the three-year time frame has elapsed, the seller is no longer under any obligation to voluntarily disclose information about a death that occurred previously on the property. Nevertheless, if it is important to you to know whether or not anyone has ever died on the premises, ask the seller about it specifically. Even though the law does not require the seller to volunteer the disclosure after three years, it does require the seller to tell the truth about any deaths that have occurred on the property if asked directly. If you find out that the seller has lied in response to your inquiry about deaths on the property, or failed to disclose a death that happened within the three-year time limit, you have grounds to file a lawsuit. One exception California law allows one exception to the rules regarding death disclosures in real estate transactions. A seller does not have to disclose a death that occurred within three years if the cause was acquired immune deficiency syndrome, nor does the seller have to tell you about a more remote death that occurred due to AIDS when questioned. The reason is that federal law regards such disclosures as discriminatory due to the condition’s classification as a disability.

Mediation is a form of alternative dispute resolution. It often gets credit for reducing the costs and time investment of litigation. However, you may not always wish to go through mediation to handle your real estate disputes in California. Unfortunately, you may not always have a choice. The California Association of Realtors explains that many real estate contracts include a clause that mandates mediation in disputes. This does not mean you cannot ever go to court. It does mean you will have to go through mediation first to try to resolve the issue before you can even think about taking things into a courtroom. This may not be what you want to happen. That is why it is important to carefully read over real estate contracts. If you find yourself with a mediation clause and you agree to it, then you are bound by it, which may mean you have to deal with issues through mediation without ever being able to go to court. This type of clause is very common in real estate contracts. It is included in the CAR residential purchase agreement as part of the standard language. You may find it in agreements of all types. Of course, just because you agreed to mediation, it does not mean you have to come out of mediation with a resolution. If this happens, then you can go to court. Agreeing to mediation does not mean you agree to reach a resolution, and some situations are best going to court instead of resolving in mediation. This information is for education and is not legal advice.

Mediation is a form of alternative dispute resolution. It often gets credit for reducing the costs and time investment of litigation. However, you may not always wish to go through mediation to handle your real estate disputes in California. Unfortunately, you may not always have a choice. The California Association of Realtors explains that many real estate contracts include a clause that mandates mediation in disputes. This does not mean you cannot ever go to court. It does mean you will have to go through mediation first to try to resolve the issue before you can even think about taking things into a courtroom. This may not be what you want to happen. That is why it is important to carefully read over real estate contracts. If you find yourself with a mediation clause and you agree to it, then you are bound by it, which may mean you have to deal with issues through mediation without ever being able to go to court. This type of clause is very common in real estate contracts. It is included in the CAR residential purchase agreement as part of the standard language. You may find it in agreements of all types. Of course, just because you agreed to mediation, it does not mean you have to come out of mediation with a resolution. If this happens, then you can go to court. Agreeing to mediation does not mean you agree to reach a resolution, and some situations are best going to court instead of resolving in mediation. This information is for education and is not legal advice.

California landlord and tenant relationships can be complicated. Most landlords want to keep the relationship as smooth as possible. The most vulnerable times for a property owner and tenant is the move in and move out times. If a tenant moves out, you need to make sure that you receive written notice. Forbes states that In California, the tenant has to give a 30-day notice if he or she plans to vacate the premises. If you are renting out a property, then you should never accept verbal notice. Always get everything in writing. This leads no room for misunderstandings. Communication is important in preserving a property owner and tenant relationship. When your tenant is moving out, you should send a list of expectations and what you expect the tenant to do to keep his or her deposit as much as possible. If you want the tenant to use a specific cleaning company to clean the unit, you can specify it in this notice. If there are any damages to the unit, then you should make a list of damages. When you have to remove any money from the deposit, it can smooth things over to have a reason. This will also make it more difficult for the tenant to dispute the charges. If you do not tell a tenant why he or she did not receive the full deposit back, he or she may take legal action. In addition to listing damages, if you are going to be returning part of the deposit, then you need to make sure that you return the deposit on time.

California landlord and tenant relationships can be complicated. Most landlords want to keep the relationship as smooth as possible. The most vulnerable times for a property owner and tenant is the move in and move out times. If a tenant moves out, you need to make sure that you receive written notice. Forbes states that In California, the tenant has to give a 30-day notice if he or she plans to vacate the premises. If you are renting out a property, then you should never accept verbal notice. Always get everything in writing. This leads no room for misunderstandings. Communication is important in preserving a property owner and tenant relationship. When your tenant is moving out, you should send a list of expectations and what you expect the tenant to do to keep his or her deposit as much as possible. If you want the tenant to use a specific cleaning company to clean the unit, you can specify it in this notice. If there are any damages to the unit, then you should make a list of damages. When you have to remove any money from the deposit, it can smooth things over to have a reason. This will also make it more difficult for the tenant to dispute the charges. If you do not tell a tenant why he or she did not receive the full deposit back, he or she may take legal action. In addition to listing damages, if you are going to be returning part of the deposit, then you need to make sure that you return the deposit on time.

If you rent a California residence, then odds are you want to feel secure in your house or apartment. You do not want to have to worry about finding a new place to live at a moment’s notice. The housing market is difficult to navigate when you have a lot of time to find the perfect place. This is worse when you do not have ample time to apartment or house hunt. If you signed a lease, can the property owner terminate it for any reason? The answer is that if you are on a proper lease, he or she cannot. In order to terminate a lease, the landlord has to navigate legal channels. He or she has to give the tenant written notice. This cannot be an e-mail or any other form of communication. It has to be in writing. The Los Angeles Times explains that when you are on a lease, the property owner cannot give terminate your lease without a reason. He or she has to give you a 60-day notice. In that 60-day notice, he or she has to explain to you why he or she is terminating the lease. The reasons for terminating a lease generally involve tenants who did not pay rent, tenants who commit illegal acts or those who break the rental agreement. A property owner cannot evict a tenant as a form of discrimination against a protected class. If your landlord terminates your lease, make sure that you have the termination in writing. Then, it is crucial that you hang onto any important documents, like your eviction.

If you rent a California residence, then odds are you want to feel secure in your house or apartment. You do not want to have to worry about finding a new place to live at a moment’s notice. The housing market is difficult to navigate when you have a lot of time to find the perfect place. This is worse when you do not have ample time to apartment or house hunt. If you signed a lease, can the property owner terminate it for any reason? The answer is that if you are on a proper lease, he or she cannot. In order to terminate a lease, the landlord has to navigate legal channels. He or she has to give the tenant written notice. This cannot be an e-mail or any other form of communication. It has to be in writing. The Los Angeles Times explains that when you are on a lease, the property owner cannot give terminate your lease without a reason. He or she has to give you a 60-day notice. In that 60-day notice, he or she has to explain to you why he or she is terminating the lease. The reasons for terminating a lease generally involve tenants who did not pay rent, tenants who commit illegal acts or those who break the rental agreement. A property owner cannot evict a tenant as a form of discrimination against a protected class. If your landlord terminates your lease, make sure that you have the termination in writing. Then, it is crucial that you hang onto any important documents, like your eviction.

The basic steps to evict a tenant in California remain the same whether that tenant is commercial or residential. As the landlord, it is essential that you follow the right steps or you could face legal issues with getting the tenant removed from the property. Luckily, the steps you must take are pretty straightforward and follow a general timeline. The California Courts explains the first step you must take is filing a notice that gives the tenant a certain number of days to vacate the property. The amount of time depends on your situation, but you can file this as soon as rent is late according to the lease. You must wait for the tenant to respond to the notice. If there is no response, you will file a complaint with the court and serve the tenant with it. At this time, you will have to provide the court with proof that you served the tenant. You will then wait the appropriate time for a response. If the tenant does not leave your property or respond via the court, then you can file a case with the court to evict the tenant. You can ask the court for a default judgment, which simply means you are asking the court to tell the tenant he or she must get out now. You may have to go to a hearing as well to show your evidence against the tenant. If the judge finds in your favor, you will then be able to get a Writ of Possession, which says you have the legal right to the property. The Sherriff will post a notice the tenant that he or she must get out of the property by a specific date. Upon that date, the sheriff can remove the tenant and you take possession of the property. This information is for education and is not legal advice.

The basic steps to evict a tenant in California remain the same whether that tenant is commercial or residential. As the landlord, it is essential that you follow the right steps or you could face legal issues with getting the tenant removed from the property. Luckily, the steps you must take are pretty straightforward and follow a general timeline. The California Courts explains the first step you must take is filing a notice that gives the tenant a certain number of days to vacate the property. The amount of time depends on your situation, but you can file this as soon as rent is late according to the lease. You must wait for the tenant to respond to the notice. If there is no response, you will file a complaint with the court and serve the tenant with it. At this time, you will have to provide the court with proof that you served the tenant. You will then wait the appropriate time for a response. If the tenant does not leave your property or respond via the court, then you can file a case with the court to evict the tenant. You can ask the court for a default judgment, which simply means you are asking the court to tell the tenant he or she must get out now. You may have to go to a hearing as well to show your evidence against the tenant. If the judge finds in your favor, you will then be able to get a Writ of Possession, which says you have the legal right to the property. The Sherriff will post a notice the tenant that he or she must get out of the property by a specific date. Upon that date, the sheriff can remove the tenant and you take possession of the property. This information is for education and is not legal advice.