Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

Under the Fair Housing Act, property owners cannot discriminate against you based on your disability. Most often, when people think about the Fair Housing Act, they think about it in reference to being offered or declined housing. For instance, if you meet with your landlord in person and he or she suddenly has a change of heart about allowing you to rent, it could be a case of discrimination. What if you already have a place? Can you still suffer discrimination? Can a landlord refuse your need for accommodations? What are reasonable accommodations? An accommodation is a change to the policies or rules that a landlord has for his or her property. Reasonable accommodations are changes that provide the tenant with the ability to enjoy the dwelling and the common spaces equal to others. In some cases, a landlord may even provide reasonable modifications. These are structural modifications so that a person can enjoy the housing and facilities. Can landlords refuse reasonable accommodations? If a landlord refuses your reasonable accommodations, then this is an example of discrimination. Some reasonable accommodations might include a ramp or grab bar installation. If you have a service animal, you may require a waived pet deposit fee. If there is a strict no pets policy, the property owner cannot say no based on your animal or have your pet kicked out. You should never have to face additional fees or extra rent based on these accommodations. The law states that the property owner has to provide what is necessary for you to enjoy the property in its entirety.

No landlord looks forward to evicting a tenant. The legal process associated with eviction costs both money and time, especially if the tenant disputes your claims. You will also need to find a new tenant to occupy the property, and it can take time to find an ideal candidate. However, there are times when eviction is unavoidable. If you are not making any headway with tenant relations and losing money on your investment in the process, it is important to pursue eviction in the appropriate manner. Here are a few things to keep in mind when dealing with a tenant dispute. Reasons for eviction in California According to the Judicial Branch of California, certain situations permit a landlord to legally pursue the eviction process. Illegal activities on the property are a pretty obvious violation of one’s lease agreement, but there are also lesser actions that violate the lease. For example, keeping pets on the property when prohibited can result in an eviction. Causing damage or making major renovations may also be considered a violation depending on what is contained within the lease. Late or missed rent payments are another common reason that landlords seek eviction. Steps to take when pursuing an eviction The tenant must be notified prior to legal action being taken. The notice should be detailed as to the reason you are pursuing eviction. Next, paperwork must be filed at the appropriate court for your jurisdiction. The tenant will have a certain period of time in which he or she can respond or vacate the property. If your claims are disputed or the tenant fails to respond, you can then request a court date. At court, the judge will hear both sides of the case and render a decision. If the decision is in your favor and the tenant still refuses to move, a sheriff will assist you.

No landlord looks forward to evicting a tenant. The legal process associated with eviction costs both money and time, especially if the tenant disputes your claims. You will also need to find a new tenant to occupy the property, and it can take time to find an ideal candidate. However, there are times when eviction is unavoidable. If you are not making any headway with tenant relations and losing money on your investment in the process, it is important to pursue eviction in the appropriate manner. Here are a few things to keep in mind when dealing with a tenant dispute. Reasons for eviction in California According to the Judicial Branch of California, certain situations permit a landlord to legally pursue the eviction process. Illegal activities on the property are a pretty obvious violation of one’s lease agreement, but there are also lesser actions that violate the lease. For example, keeping pets on the property when prohibited can result in an eviction. Causing damage or making major renovations may also be considered a violation depending on what is contained within the lease. Late or missed rent payments are another common reason that landlords seek eviction. Steps to take when pursuing an eviction The tenant must be notified prior to legal action being taken. The notice should be detailed as to the reason you are pursuing eviction. Next, paperwork must be filed at the appropriate court for your jurisdiction. The tenant will have a certain period of time in which he or she can respond or vacate the property. If your claims are disputed or the tenant fails to respond, you can then request a court date. At court, the judge will hear both sides of the case and render a decision. If the decision is in your favor and the tenant still refuses to move, a sheriff will assist you.

Whether renting office spaces or apartments, property owners have an obligation to ensure the safety of their properties for tenants’ use. While they may easily identify and resolve some potential hazards, such as a stairwell in ill-repair, property owners may not spot other dangers as effectively. To protect themselves and their tenants, it may help for property owners to understand the danger posed by asbestos and their liability for any adverse health effects exposure to asbestos in their buildings may cause. What is asbestos? According to the National Cancer Institute, asbestos refers to a group of minerals occurring naturally as bundles of fibers. These minerals have been put to use commercially and industrially in the manufacture of construction, shipbuilding and automotive materials. For instance, prior to the U.S. Environmental Protection Agency’s ban on the new use of asbestos, these fibers were used in cement, roofing, floor tiles, paints and insulation products. What are the health effects of asbestos exposure? When inhaled, asbestos fibers may accumulate and cause inflammation and scarring in the lungs. People may experience symptoms such as shortness of breath, a persistent cough, difficulty swallowing, loss of appetite, and swelling of the face or neck, among other effects. Additionally, asbestos exposure may contribute to the development of certain types of cancer, as well as asbestosis and mesothelioma. Often, people may not experience symptoms or notice the effects of asbestos for years after their exposure. Can renters take legal action? According to FindLaw.com, people who believe they were exposed to asbestos in their homes and as a result became ill may have grounds for legal action. In order to recover compensation for asbestos exposure based on property owner negligence, people must show that the owner knew about and had a duty to disclose the presence of asbestos in the home but failed to do so. Further, they must prove that their illness was caused by asbestos exposure. Tenants in such cases may pursue compensation for the damages resulting from their illnesses, including pain and suffering, current medical expenses and the costs of future medical care, lost income and reduced earning capacity.

Whether renting office spaces or apartments, property owners have an obligation to ensure the safety of their properties for tenants’ use. While they may easily identify and resolve some potential hazards, such as a stairwell in ill-repair, property owners may not spot other dangers as effectively. To protect themselves and their tenants, it may help for property owners to understand the danger posed by asbestos and their liability for any adverse health effects exposure to asbestos in their buildings may cause. What is asbestos? According to the National Cancer Institute, asbestos refers to a group of minerals occurring naturally as bundles of fibers. These minerals have been put to use commercially and industrially in the manufacture of construction, shipbuilding and automotive materials. For instance, prior to the U.S. Environmental Protection Agency’s ban on the new use of asbestos, these fibers were used in cement, roofing, floor tiles, paints and insulation products. What are the health effects of asbestos exposure? When inhaled, asbestos fibers may accumulate and cause inflammation and scarring in the lungs. People may experience symptoms such as shortness of breath, a persistent cough, difficulty swallowing, loss of appetite, and swelling of the face or neck, among other effects. Additionally, asbestos exposure may contribute to the development of certain types of cancer, as well as asbestosis and mesothelioma. Often, people may not experience symptoms or notice the effects of asbestos for years after their exposure. Can renters take legal action? According to FindLaw.com, people who believe they were exposed to asbestos in their homes and as a result became ill may have grounds for legal action. In order to recover compensation for asbestos exposure based on property owner negligence, people must show that the owner knew about and had a duty to disclose the presence of asbestos in the home but failed to do so. Further, they must prove that their illness was caused by asbestos exposure. Tenants in such cases may pursue compensation for the damages resulting from their illnesses, including pain and suffering, current medical expenses and the costs of future medical care, lost income and reduced earning capacity.

When you own commercial apartment or home rentals, you are responsible for following state, local and federal laws for tenant screening. Failure to do so can result in an expensive lawsuit. These are the key regulations for fair tenant screening in Los Angeles. Discriminatory questions In a rental application, you may ask a tenant to provide: His or her monthly income Employment information Financial information to prove he or she can pay the monthly rent The number of family members who will live in the unit Federal law prohibits landlords from asking questions about: Race, ethnicity or religion Gender or sexual orientation Ancestry or national origin Marital or familial status Source of monthly income Disability or health status Age of individuals who will live in the household Citizenship or immigration status Deciding not to rent to a tenant based on any of these factors constitutes discrimination. Application fees California law limits landlords to a set amount per adult for a tenant application fee. The state updates the maximum fee to adjust for cost of living each year. If two adults want to rent a unit, you can charge twice the limit on the application fee to cover the cost of credit and background checks for both. If you decide not to rent to potential tenants based on their credit, you must give them a copy of the report you used. Landlords must provide a receipt for the cost of credit and background checks plus reasonable time spent to obtain these items. Required application elements If you plan to perform background checks on potential tenants, you must get explicit permission to do so in writing. Ask this question as part of the rental application and require the applicant to sign that section. Using a tenant screening application that does not comply with state law can result in federal fines and potential discrimination lawsuits. A legal review can ensure that your screening process complies with Los Angeles and California law.

When you own commercial apartment or home rentals, you are responsible for following state, local and federal laws for tenant screening. Failure to do so can result in an expensive lawsuit. These are the key regulations for fair tenant screening in Los Angeles. Discriminatory questions In a rental application, you may ask a tenant to provide: His or her monthly income Employment information Financial information to prove he or she can pay the monthly rent The number of family members who will live in the unit Federal law prohibits landlords from asking questions about: Race, ethnicity or religion Gender or sexual orientation Ancestry or national origin Marital or familial status Source of monthly income Disability or health status Age of individuals who will live in the household Citizenship or immigration status Deciding not to rent to a tenant based on any of these factors constitutes discrimination. Application fees California law limits landlords to a set amount per adult for a tenant application fee. The state updates the maximum fee to adjust for cost of living each year. If two adults want to rent a unit, you can charge twice the limit on the application fee to cover the cost of credit and background checks for both. If you decide not to rent to potential tenants based on their credit, you must give them a copy of the report you used. Landlords must provide a receipt for the cost of credit and background checks plus reasonable time spent to obtain these items. Required application elements If you plan to perform background checks on potential tenants, you must get explicit permission to do so in writing. Ask this question as part of the rental application and require the applicant to sign that section. Using a tenant screening application that does not comply with state law can result in federal fines and potential discrimination lawsuits. A legal review can ensure that your screening process complies with Los Angeles and California law.

In California, tenants and landlords across the board must have a working relationship. It is important for both parties to coexist in peace. Unfortunately, as humans, disputes are an inevitable part of life. But because you have a dispute with a tenant, that does not mean you must take it to court right away. Today we will look at some alternative dispute resolution methods. You may find one of them useful in solving your own disputes. Deciding if you can avoid litigation It is important to note first that some situations do need litigation. Sometimes an argument becomes too vitriolic. Sometimes a tenant refuses to budge or even becomes aggressive. In situations where this happens, you may have no choice but to take them to court. Preparing for this possibility can help. Utilizing mediation tactics In other cases, you can settle matters through communication. Sometimes but rarely, parties in conflict are able to come together and talk things out on their own. If that fails, it does not mean you are out of options. You can bring on a third party mediator to help. Mediators are not judges and do not have the binding power of a court. But they can help parties reach agreeable conclusions without judge involvement. They facilitate safe and healthy discussion and help defuse tense situations. If you want to read more about disputes between landlords and tenants, visit our linked webpage. It discusses landlord-tenant disputes. This includes how these disputes happen and what you can do to combat them. You can use knowledge learned to prevent other disputes from happening in the future.

In California, tenants and landlords across the board must have a working relationship. It is important for both parties to coexist in peace. Unfortunately, as humans, disputes are an inevitable part of life. But because you have a dispute with a tenant, that does not mean you must take it to court right away. Today we will look at some alternative dispute resolution methods. You may find one of them useful in solving your own disputes. Deciding if you can avoid litigation It is important to note first that some situations do need litigation. Sometimes an argument becomes too vitriolic. Sometimes a tenant refuses to budge or even becomes aggressive. In situations where this happens, you may have no choice but to take them to court. Preparing for this possibility can help. Utilizing mediation tactics In other cases, you can settle matters through communication. Sometimes but rarely, parties in conflict are able to come together and talk things out on their own. If that fails, it does not mean you are out of options. You can bring on a third party mediator to help. Mediators are not judges and do not have the binding power of a court. But they can help parties reach agreeable conclusions without judge involvement. They facilitate safe and healthy discussion and help defuse tense situations. If you want to read more about disputes between landlords and tenants, visit our linked webpage. It discusses landlord-tenant disputes. This includes how these disputes happen and what you can do to combat them. You can use knowledge learned to prevent other disputes from happening in the future.

In recent weeks, many people across the U.S. have lost their jobs. This often results in financial strain, such as the inability to pay bills, including rent. As a landlord, there are a host of factors to take into consideration when it comes to back rent, especially if a dispute with your tenant surfaces. It is critical to handle these matters with care and ensure that you identify the most appropriate course of action. Resolving disagreements Sometimes, landlords are able to resolve these disputes by working out an agreement with their tenants. For example, a tenant facing temporary financial hardships is sometimes able to set up a payment plan or convince their landlord that they will get caught up soon. In other instances, tenants simply refuse to cooperate, placing landlords in a tough position. Some tenants are very bitter and hold a grudge against their landlord, making communication very difficult (if not impossible). Eviction In some instances, evicting a tenant is necessary. Our law firm fully realizes the myriad of legal, financial and emotional considerations that arise with respect to the eviction process. If you have no choice but to evict your tenant, it is imperative to prepare for what lies ahead and have a firm understanding of your rights as a landlord. These situations not only generate a lot of stress but are often very time-consuming. However, taking a smart approach often increases the odds of a successful outcome while minimizing legal complications. Explore our website to read more about evicting a tenant and other legal topics that affect landlords.

In recent weeks, many people across the U.S. have lost their jobs. This often results in financial strain, such as the inability to pay bills, including rent. As a landlord, there are a host of factors to take into consideration when it comes to back rent, especially if a dispute with your tenant surfaces. It is critical to handle these matters with care and ensure that you identify the most appropriate course of action. Resolving disagreements Sometimes, landlords are able to resolve these disputes by working out an agreement with their tenants. For example, a tenant facing temporary financial hardships is sometimes able to set up a payment plan or convince their landlord that they will get caught up soon. In other instances, tenants simply refuse to cooperate, placing landlords in a tough position. Some tenants are very bitter and hold a grudge against their landlord, making communication very difficult (if not impossible). Eviction In some instances, evicting a tenant is necessary. Our law firm fully realizes the myriad of legal, financial and emotional considerations that arise with respect to the eviction process. If you have no choice but to evict your tenant, it is imperative to prepare for what lies ahead and have a firm understanding of your rights as a landlord. These situations not only generate a lot of stress but are often very time-consuming. However, taking a smart approach often increases the odds of a successful outcome while minimizing legal complications. Explore our website to read more about evicting a tenant and other legal topics that affect landlords.

If you have a brilliant idea for a product or service, you are probably itching to get it to consumers. After all, running a business is a good way to achieve the American dream. If starting a business venture on your own seems out of reach, forming a successful partnership may be the solution. One of the more effective ways to increase the likelihood of partnership success is to have a well-written partnership agreement. This binding contract sets the terms of the partnership, including each partner’s duties and obligations. Of course, you can also learn from failed partnerships. Here are three common reasons business partnerships fail. Mismatched contributions Partnerships make ideal business models because they allow each partner to contribute according to his or her own strengths. For example, one partner may oversee everyday operations, while another provides an influx of capital. If partners see contributions as being unequal, though, friction may arise. Accordingly, the partnership agreement should not only clearly define contributions, but it should also include a procedure for dealing with conflict. Divergent values Even if partners generally agree about the function and direction of the partnership, they may have different business or personal values. Regrettably, if partners cannot decide which values are relevant to the partnership, the venture may be on the road to failure. This is particularly true if the partnership is not doing well financially. Inflated egos While ordinary activities of a business partnership can certainly lead to disagreements among the partners, a human element may also be disastrous. That is, a partner’s ego may interfere with business growth. As such, it is vital that all partners understand the partnership agreement and respect its parameters. If you are thinking about opening a business, you want to build a solid foundation for it. Working with business partners may be the right approach. By understanding why partnerships often fail, you can boost your future partnership’s odds of success.