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

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.

California law heavily favors residential tenants, but when it comes to commercial tenants, few legal protections exist. If you are one of the many renters of commercial space in the Golden State, it is important that you understand what rights you do have so that you can protect yourself should issues with the landlord arise. According to SFGate, residential tenants in California have the right to a livable space that is free of hazards and that includes working lights, electricity, plumbing and heating. Commercial tenants, on the other hand, have no such rights. Your landlord has no obligation to make repairs unless the lease specifically says he or she will. Even then, he or she does not have to make the repairs promptly, and you cannot hold him or her accountable for any liability associated with your business. Per California law, residential landlords cannot raise the rent on tenants unless they give tenants a 30- to 60-day advance notice. This is true even with month-to-month rental agreements. Again, commercial tenants do not have that protection. Your landlord can raise the rent on you at any time, unless the lease has stipulations saying otherwise. Your rights are minimal as a commercial tenant. For this reason, SFGate recommends writing whatever rights you do want into the lease. Go over the lease carefully, and have a knowledgeable third party, such as a lawyer or real-estate advisor, review it. If you want to enjoy certain protections, make sure to write them into the lease, as verbal agreements are difficult to enforce. This article is not meant to serve as legal advice. It is for educational purposes only.

California law heavily favors residential tenants, but when it comes to commercial tenants, few legal protections exist. If you are one of the many renters of commercial space in the Golden State, it is important that you understand what rights you do have so that you can protect yourself should issues with the landlord arise. According to SFGate, residential tenants in California have the right to a livable space that is free of hazards and that includes working lights, electricity, plumbing and heating. Commercial tenants, on the other hand, have no such rights. Your landlord has no obligation to make repairs unless the lease specifically says he or she will. Even then, he or she does not have to make the repairs promptly, and you cannot hold him or her accountable for any liability associated with your business. Per California law, residential landlords cannot raise the rent on tenants unless they give tenants a 30- to 60-day advance notice. This is true even with month-to-month rental agreements. Again, commercial tenants do not have that protection. Your landlord can raise the rent on you at any time, unless the lease has stipulations saying otherwise. Your rights are minimal as a commercial tenant. For this reason, SFGate recommends writing whatever rights you do want into the lease. Go over the lease carefully, and have a knowledgeable third party, such as a lawyer or real-estate advisor, review it. If you want to enjoy certain protections, make sure to write them into the lease, as verbal agreements are difficult to enforce. This article is not meant to serve as legal advice. It is for educational purposes only.

The disclosure laws in California vary, and to which a property owner must adhere depends on several factors, including the type of property in question and whether the property owner wishes to lease or sell. Moreover, the state treats leases with an option to purchase and ground leases as sales transactions, which further affects disclosure requirements. For yours and other realtors’ convenience, the California Association of Realtors details disclosure requirements for commercial transactions via a chart. If you own a commercial property built prior to 1979, you must reveal to tenants the contents of an asbestos report. If the building does contain asbestos-containing materials, you must inform tenants of the location of the materials and educate them on how to prevent or minimize release, disturbance or exposure. As a commercial property owner, you must also state on every lease whether or not a Certified Access Specialist has inspected your property and, if so, whether the property meets all relevant construction-related accessibility standards for the disabled. If there is no CASp report, you must indicate this in the lease. If there is such a report, you must deliver it to the prospective tenant 48 hours in advance of execution of the lease. Otherwise, the tenant has the right to cancel the lease within 72 hours of execution. When it comes to material facts, you must only disclose a condition if it is “dangerous.” The courts may consider your failure to do so as fraud. You also have the duty to reveal to future tenants whether past tenants used chemicals known to cause birth defects, cancer or other reproductive harm in the building. If so, you must post a list of the chemicals and the harms they cause for future building occupants to see. Though not a disclosure requirement, California law requires you to equip your commercial properties with water-conserving plumbing systems prior to leasing them. You must also ensure that your building has enough fire alarms to comply with building and safety codes. This article is for educational purposes only. It should not be used as legal advice.

The disclosure laws in California vary, and to which a property owner must adhere depends on several factors, including the type of property in question and whether the property owner wishes to lease or sell. Moreover, the state treats leases with an option to purchase and ground leases as sales transactions, which further affects disclosure requirements. For yours and other realtors’ convenience, the California Association of Realtors details disclosure requirements for commercial transactions via a chart. If you own a commercial property built prior to 1979, you must reveal to tenants the contents of an asbestos report. If the building does contain asbestos-containing materials, you must inform tenants of the location of the materials and educate them on how to prevent or minimize release, disturbance or exposure. As a commercial property owner, you must also state on every lease whether or not a Certified Access Specialist has inspected your property and, if so, whether the property meets all relevant construction-related accessibility standards for the disabled. If there is no CASp report, you must indicate this in the lease. If there is such a report, you must deliver it to the prospective tenant 48 hours in advance of execution of the lease. Otherwise, the tenant has the right to cancel the lease within 72 hours of execution. When it comes to material facts, you must only disclose a condition if it is “dangerous.” The courts may consider your failure to do so as fraud. You also have the duty to reveal to future tenants whether past tenants used chemicals known to cause birth defects, cancer or other reproductive harm in the building. If so, you must post a list of the chemicals and the harms they cause for future building occupants to see. Though not a disclosure requirement, California law requires you to equip your commercial properties with water-conserving plumbing systems prior to leasing them. You must also ensure that your building has enough fire alarms to comply with building and safety codes. This article is for educational purposes only. It should not be used as legal advice.

Owning residential real estate in a state like California can be a great investment. That said, becoming a landlord can also be a source of great frustration without having the right tenants occupying your building. As noted by RentPrep, there is most certainly a right way to go about finding good tenants. Once you find these tenants, do everything you can to keep them in your rental property. Use the full power of the rental application Weeding out the potentially bad tenants from the good all starts with what is on the application. Ask for (and contact) personal references to get an idea of the applicant’s personality, and get the applicant’s employment history to give yourself an idea of whether the individual may have trouble paying rent. Also, contact former landlords and ask what kind of tenant the person was. If you have specific desires for your tenants, such as income requirements, make those wishes plain in the application. Check credit and criminal history You may not like having to pay for background and credit checks, but the information you uncover can help head off an avoidable disaster. Credit checks let you know how financially responsible applicants are, and background checks let you know of past criminal charges. Remember, someone with a criminal past could be a great tenant while an applicant without a record may prove to be a nightmare. Either way, you need to know what you are getting into before giving someone keys to your property. Ask the right questions Taking on a new tenant is almost like a romantic relationship; there has to be the right rapport for sparks to fly. Ask prospective tenants why they want to move in the first place, what they look for in a place to live, if they have any pets or disabilities and how long they plan on sticking around. Turn the tables and allow applicants to ask their own questions. After finding great tenants, you should focus on keeping them around. Retaining solid tenants is more cost-effective than having to find new ones.

Owning residential real estate in a state like California can be a great investment. That said, becoming a landlord can also be a source of great frustration without having the right tenants occupying your building. As noted by RentPrep, there is most certainly a right way to go about finding good tenants. Once you find these tenants, do everything you can to keep them in your rental property. Use the full power of the rental application Weeding out the potentially bad tenants from the good all starts with what is on the application. Ask for (and contact) personal references to get an idea of the applicant’s personality, and get the applicant’s employment history to give yourself an idea of whether the individual may have trouble paying rent. Also, contact former landlords and ask what kind of tenant the person was. If you have specific desires for your tenants, such as income requirements, make those wishes plain in the application. Check credit and criminal history You may not like having to pay for background and credit checks, but the information you uncover can help head off an avoidable disaster. Credit checks let you know how financially responsible applicants are, and background checks let you know of past criminal charges. Remember, someone with a criminal past could be a great tenant while an applicant without a record may prove to be a nightmare. Either way, you need to know what you are getting into before giving someone keys to your property. Ask the right questions Taking on a new tenant is almost like a romantic relationship; there has to be the right rapport for sparks to fly. Ask prospective tenants why they want to move in the first place, what they look for in a place to live, if they have any pets or disabilities and how long they plan on sticking around. Turn the tables and allow applicants to ask their own questions. After finding great tenants, you should focus on keeping them around. Retaining solid tenants is more cost-effective than having to find new ones.

Evicting a commercial tenant for nonpayment of rent in California is not an easy process, as California laws heavily favor tenants. However, though difficult, eviction is not impossible. By adhering strictly to the state’s eviction laws and procedures, which SFGate lays out for your convenience, you can free up the space for use sooner and lose less money in doing so. To begin the eviction process, draft a three-day notice. This notice informs the tenant that he or she has three-days to pay the past due amount or face eviction. Serve the notice to the tenant at his or her place of business. Next, fill out a “proof of service” form to indicate the date of service for your records. Wait for three days for the tenant to pay the past-due rent. If the tenant makes any partial payments, accept the money but be sure to inform the tenant, in writing, that your acceptance of partial payments does not waive your right to evict him or her. If the tenant makes a full payment within the three-day grace period, you lose your right to evict him or her for nonpayment. If the tenant does not pay but refuses to leave, hire an attorney. An attorney will help you draft and serve an unlawful detainer notice. Upon receipt of the notice, the tenant has five days to contest the eviction. If the tenant contests the proceedings, your case will go to court. If the tenant does not contest the proceedings, you can appeal to the court for a judgment for possession. If the court grants you the judgment, a sheriff will perform a tenant lockout. The sheriff will post a “five-day notice to vacate” to the front door. The tenant must leave the premises within that five-day period. If he or she does not, the sheriff will lock the door, thereby completing the eviction process. The tenant has 15 days from the date of lockout to reclaim his or her possessions, or 18 if he or she left of his or her own accord. For your records, make sure you mail a “notice of belief of abandonment” to the tenant’s last-known address. If the tenant does not collect his or her belongings, dispose of them if the total value is $300 or less. If the total value is greater than $300, auction the property through public sale. If you hold an auction, you must publish the auction information in a local newspaper for two weeks prior to the sale. You can hold the auction five days after the last published date. This article is for educational purposes only. You should not use it as legal advice.

Evicting a commercial tenant for nonpayment of rent in California is not an easy process, as California laws heavily favor tenants. However, though difficult, eviction is not impossible. By adhering strictly to the state’s eviction laws and procedures, which SFGate lays out for your convenience, you can free up the space for use sooner and lose less money in doing so. To begin the eviction process, draft a three-day notice. This notice informs the tenant that he or she has three-days to pay the past due amount or face eviction. Serve the notice to the tenant at his or her place of business. Next, fill out a “proof of service” form to indicate the date of service for your records. Wait for three days for the tenant to pay the past-due rent. If the tenant makes any partial payments, accept the money but be sure to inform the tenant, in writing, that your acceptance of partial payments does not waive your right to evict him or her. If the tenant makes a full payment within the three-day grace period, you lose your right to evict him or her for nonpayment. If the tenant does not pay but refuses to leave, hire an attorney. An attorney will help you draft and serve an unlawful detainer notice. Upon receipt of the notice, the tenant has five days to contest the eviction. If the tenant contests the proceedings, your case will go to court. If the tenant does not contest the proceedings, you can appeal to the court for a judgment for possession. If the court grants you the judgment, a sheriff will perform a tenant lockout. The sheriff will post a “five-day notice to vacate” to the front door. The tenant must leave the premises within that five-day period. If he or she does not, the sheriff will lock the door, thereby completing the eviction process. The tenant has 15 days from the date of lockout to reclaim his or her possessions, or 18 if he or she left of his or her own accord. For your records, make sure you mail a “notice of belief of abandonment” to the tenant’s last-known address. If the tenant does not collect his or her belongings, dispose of them if the total value is $300 or less. If the total value is greater than $300, auction the property through public sale. If you hold an auction, you must publish the auction information in a local newspaper for two weeks prior to the sale. You can hold the auction five days after the last published date. This article is for educational purposes only. You should not use it as legal advice.

The economy is a tricky thing. When one segment has an issue, it tends to bleed into the other segments. That is what is happening with the real estate market in California thanks to issues with trade in the U.S. economy. According to The Mercury News, new trade wars with China have led to Chinese investors moving out of the real estate market in California. This is taking a toll on real estate sales and investments as a whole. They are moving out of the country because the trade laws here are no longer advantageous. This means they are leaving behind empty homes. This also means there are no new investors moving in to take their place. While it is only Chinese investors, they are a large segment of the foreign buying market in the state. They make up about one-third of the total of foreign real estate investments. That is having a large impact on the market because it is a huge loss. It is bleeding over into other foreign investors as they are uncertain about what will happen for foreign trade in the future. This is making the market lag behind its normal numbers. As one of the largest foreign investment markets in the country, this is a huge blow to California’s real estate industry. It is leading to a drop in home prices, which affects everyone. So, the effects are spreading further than just the foreign market. This information is for education and is not legal advice.