Cerritos Real Estate Attorney
Goal-Oriented and Value-Driven Representation to Protect Your California Property Rights
Whether you are facing landlord-tenant disputes or other legal real estate concerns, Anyama Law Firm has the experience and professional skills to help. We have been helping clients through the legal system for more than a decade, and our attorney is also a realtor herself; this provides us with a more intimate knowledge of real estate law and can be helpful for clients who are both buyers and sellers. We will strategize a case based on your goals and interests, and we will work closely with you at every step of the process.
Schedule a free consultation with Anyama Law Firm to get started on your real estate case today. Serving Los Angeles, Orange County, and all of California.
California Landlord-Tenant Laws
California implements a range of laws that protect landlords and tenants in legal disputes. For one, California landlords are required by law to disclose specific information to tenants in the lease or rental agreement about things like:
- information about the registered sexual offender database available to the local community;
- whether the gas or electricity in the rental also serves other areas;
- toxic mold if it poses a threat to the tenant's health;
- former federal or state ordinances in the neighborhood;
- pest control services;
- intent to demolish relevant rental units;
- no smoking policies;
- whether the area is a flooding hazard;
- bed bugs (including prevention and treatment);
- death on the premises within the past 3 years.
As for security deposit laws, California landlords can generally charge no more than 2 months' rent as a security deposit for unfurnished rentals and no more than 3 months' rent for furnished rentals.
Note that landlords are legally required to offer and maintain habitable rentals, so if a landlord fails to take care of important repairs (e.g., broken heater), tenants may:
- withhold rent;
- move out without notice;
- sue the landlord;
- call state or local health inspectors; or
- exercise the right to "repair and deduct.”
Several other landlord-tenant laws to note in California include:
- tenant protections against landlord retaliation;
- special protections for tenants who are victims of domestic violence;
- procedures for how landlords must handle abandoned property left by tenants; and
- fair housing rights.
Certain laws also specify when and how a landlord may terminate a tenancy. For instance, if a California tenant fails to pay rent on time, the landlord must give them a 3-day notice to pay rent or move out before the landlord can file an eviction suit. If the tenant does not pay rent or move out within those 3 days, the landlord can sue.
A landlord must similarly provide a 3-day notice to cure or quit if a tenant violates a term of the lease, such as having a pet in violation of a no-pets policy. If the tenant does not fix the problem within those 3 days, the landlord can sue. In general, most termination or eviction situations involve a 3-day notice before either party can take legal action.
Buy and Sell Agreements
As with rental agreements, one of the most important components of a buy and sell agreement is disclosure. California law requires sellers to disclose to potential buyers, in writing, any details about the property that could affect the buyer's desire to purchase it or the amount they are willing to pay. These details concerning the property's condition are frequently called "material" facts, and a seller who fails to disclose one can face severe penalties. In general, if you are unsure about whether an item should be disclosed, you should probably include it.
The disclosure of material details will occur in a "Transfer Disclosure Statement" (TDS). The TDS is supposed to accurately describe the condition of the property, including information concerning the property's walls, ceiling, floors, insulation, roof, windows, doors, foundation, driveways, sidewalks, fences, electrical systems, plumbing systems, or other structural components. Essentially, anything concerning any part of the property is a material fact if it affects the property's value, desirability, or ability to be used as intended.
Real estate disputes can be tricky to navigate. Whether you seek to pursue real estate litigation due to a landlord-tenant dispute or have questions about your buy and sell agreement, Anyama Law Firm can help. As a realtor herself, our attorney is personally familiar with both the seller’s side and the buyer’s side, so she can provide more leveled and personalized guidance.
Schedule a free consultation with Anyama Law Firm online to get started on your case.
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