California Landlord Lawyer

Archive for April, 2010

Here is Joshua Tree Business Lawyer Sebastian Gibson’s Top Ten:

1. Run for Mayor of a small town and see where it leads.

 

2. Moose tracking.

 

3. Shop in the consignment stores for old Sarah Palin campaign clothes.

 

4. Have fun being mavericky.

 

5. Visit a turkey farm.

 

6. Look for socialists.

 

7. Look for Putin.

 

8. Have a sardine sandwich.

 

9. Look for what’s left of the Valdez oil spill.

 

10. See what the Governor is doing.

 

Now here is everything (well, almost everything) you need to know in business about environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, publicity and privacy rights, employment law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, food and wine, and hotel and restaurant law and litigation by searching for those subjects and adding the words Joshua Tree business lawyer or Joshua Tree business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as Joshua Tree business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in Joshua Tree – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified Joshua Tree environmental attorney.

 

2. Joshua Tree International, Shipping and Maritime Law – A Joshua Tree international attorney with years of international legal education and experience such as you’ll find at our Joshua Tree law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a Joshua Tree international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between Joshua Tree international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. Joshua Tree Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a Joshua Tree election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. Joshua Tree Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a Joshua Tree consumer lawyer is immediately in order to avoid being scammed, or defrauded. A Joshua Tree consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a Joshua Tree consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in Joshua Tree – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a Joshua Tree constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Employment Law in Joshua Tree – It may seem silly to think you should hire a Joshua Tree employment attorney whenever you are considering firing an employee, but it has come to that. However, a consultation with a good Joshua Tree employment law firm can provide you with the advice of how to handle your employee relations both immediately and in the future as you either seek to cut costs or get rid of a problematic employee. If you have been sued or threatened with a suit, or are being scammed by an employee, consult a Joshua Tree employment lawyer immediately.

 

7. Joshua Tree Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a Joshua Tree estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in Joshua Tree – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a Joshua Tree agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in Joshua Tree – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our Joshua Tree law firm stands ready to defend them

 

10. Joshua Tree Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our Joshua Tree personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in Joshua Tree, Palm Springs, Palm Desert, Indian Wells, Rancho Mirage, Indio, La Quinta, Coachella, Twentynine Palms, Thermal, Cathedral City, Desert Hot Springs, Yucca Valley or anywhere in the Coachella Valley, our Joshua Tree law firm has the knowledge and resources to be your Joshua Tree Lawyers and your Joshua Tree Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in Joshua Tree or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a Joshua Tree attorney from our offices can assist you.

When renting out property, there are many different laws that apply to how you manage that property and your tenats. Many of these laws vary from state to state, although they are often very similar. Here are some common questions and answers, specific to California, that you may have as a Landlord.

Under What Circumstances Can a Landlord Utilize a Tenant’s Security Deposit?

The security deposit, determined at the time the unit is rented, may be utilized for several different circumstances. The funds can be utilized to compensate for rent which remains unpaid; damages to the property caused by the tenant may be covered with the deposit money, as long as it does not include ordinary wear and tear; the cleaning of the unit may be deducted from the security deposit upon termination of the tenancy, but this may only be done to the extent of returning the unit to the same condition as when it was rented; and the deposit may also be used to replace any property belonging in the unit which was damaged or the tenant may have taken with them upon moving.

It is also important to note that with the exception of a few local ordinances, the landlord is not required under California law to pay interest on the security deposit when it is returned to the tenant.

When May a Landlord Enter a Unit?

Generally, a landlord must give the tenant proper notice before entering the unit unannounced, attempting to set up a convenient time for a repairs or inspection. However, there are some situations where this rule does not apply. According to the California Civil Code Section 1951.3, if the rent remains unpaid for 14 consecutive days and the landlord believes the unit to be abandoned, a Notice of Belief of Abandonment must be sent to the tenant. If the tenant does not respond, the landlord has every right to inspect the property. Upon entering the unit, the landlord should make note if there are still personal belongings there, if food appears to be fresh, if the electricity and/or telephone services remain active, or if the unit appears to have been vacated. If the unit indeed appears to be abandoned, the landlord has the right to prepare it for a new tenant Additionally, if the tenant remains unresponsive to repeated entry requests, a landlord may enter the unit at any reasonable time (in California during normal business hours) and in a peaceful manner to handle suspected issues within the unit. The landlord may also enter at any time during an emergency situation, such as a gas leak, fire or damage occurring in the unit like a leaking sink or water heater unattended. However, at no time should a landlord enter a unit if the tenant is home and stating the landlord is to stay out. If the landlord suspects foul play or immediate danger, he or she should immediately contact the proper authorities to gain entry.

How Should a Landlord Legally Evict a Tenant?

Tenants may be evicted for a number of reasons, but the property procedures must be followed. Some events, which may cause an eviction, are: nonpayment of rent, lease violations, obvious and purposeful damage, unlawful acts within or upon the premises, and interference with other tenants. Under any of these situations, a three-day notice is all that is necessary to remove the tenants from the unit. The notice must give complete contact information for paying overdue rent; times in which the landlord may be contacted to receive the rent in person; or another location and hours where the rent may be dropped off. If other circumstances apply, such as unlawful acts or severe damage, the problems should be listed in writing within the notice. Any notice must be given to the tenant personally at home or work, or if the tenant cannot be located, mailed to the home address. Notice may also be personally given to anyone at the residence or place of business over the age of eighteen. The notice may also be tacked on the front door of the rental unit as well as mailed as detailed in the Code of Civil Procedure Sections 1161(2)-(4).

Should an eviction be necessary under a month-to-month rental agreement, the landlord only has to serve a written 30 or 60-day notice. This notice does not have to state the eviction reasons. However, an eviction can never be for discriminatory reasons or in retaliation of some sort. A tenant who has been in the unit for only a year or less does not require more than a 30-day notice, but tenants who have resided there longer need to receive a 60-day notice.

If the tenant refuses to move after these proper procedures for eviction have been followed, the landlord should file an unlawful detainer lawsuit in superior court. As a landlord, this process must be followed, as lockout and physically attempting to remove the tenant without proper court guidance, is not legal.

As a Landlord, How Much Notice Do I Have to Give to Raise the Rent?

If you wish to raise your tenant(s)’ rent less than 10% of their current rent, a 30-day notice is sufficient. If the rent is to be raised by 10% or more, then a 60-day notice is required. Before making any type of rent increase, be certain that the building you own is not in a rent-controlled area. If the building is not rent controlled, then theoretically, you can raise the rent to any amount you like, but it is wise to keep in mind that raising it to outrageous amounts for the area may cause you to lose tenants and income. Also, you may not violate conditions of a signed lease during the leasing period regarding rental payments unless a notification of increase provision was included. These provisions are set forth in Civil Code Section 8.27.

In some cities in California where rent control is in effect, the landlord is not allowed to raise the rent more than 5% per year with an additional 1% for electric costs and 1% for gas costs if those are included in the rent payment.

Can I, as a Landlord, Limit or Restrict Pets?

Generally, a no pets rule is perfectly legal. However, as a landlord, you should be careful about service animals. If a disabled person is fully capable of renting one of your units and the layout of the unit does not restrict their use of the same, a service animal should be permitted or you may find a discrimination issue if refusing to rent to them. Also, usually fish or contained pets not hampering or damaging the premises can be allowed, even in the event of a no pets rule. This does not include contained exotic pets. If you do allow pets in your units, the lease or rental agreement should list each pet, and no new or replacement pets should be allowed without your approval. All tenants should be responsible for cleaning up after their pets and accepting responsibility for any damage their pets might cause, or the problems should be noted and the tenant charged for the same.

As a Landlord, How Much Discretion Can I Use in Deciding Who to Rent To?

Naturally, you may use your own personal judgment in choosing a tenant, but you cannot discriminate in any way against religion, group affiliation, sexual orientation, marital status, gender, nationality, race, color, medical issues or suspected connections to persons within these groups. Additionally, once you do rent to various individuals, you are not allowed to hold up rules for one tenant that other tenants do not have to comply with based on any of these discriminatory areas.

You are always within your rights to select tenants based on their reference checks, work history, and even credit report. It is always a good idea to perform a credit check on potential tenants to avoid non-payment problems in the future. You may also refuse to rent to someone who insists on having animals if none are allowed in the building and the lease/agreement states the same.

Here is Ontario Business Lawyer Sebastian Gibson’s Top Ten:

1. Become a plumbers and try to ask candidates a question.

 

2. Become a late night talk show host and lampoon the dumb candidate.

 

3. Open a high end boutique and give the Republican Party a sale flyer – ten percent off if you buy $150,000 worth of women’s clothes and accessories.

 

4. Operate a tour guide business to take tourists to the best place in Alaska to see Russia.

 

5. Open a t-shirt shop with Sarah Palin quotes on the t-shirts.

 

6. Geography Tutors R Us.

 

7. Civics Tutors R Us.

 

8. Specialize in constructing bridges to nowhere.

 

9. Designer clothing.

 

10. Sarah Palin lookalikes for county fairs.

 

Now here is everything (well, almost everything) you need to know in business about environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, publicity and privacy rights, employment law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, food and wine, and hotel and restaurant law and litigation by searching for those subjects and adding the words Ontario business lawyer or Ontario business attorney to your search terms and looking for other articles by Sebastian Gibson.

 

You can also learn more about any of these business areas of law and how we can assist you as Ontario business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

 

1. Environmental and Toxic Tort Law in Ontario – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified Ontario environmental attorney.

 

2. Ontario International, Shipping and Maritime Law – A Ontario international attorney with years of international legal education and experience such as you’ll find at our Ontario law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a Ontario international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between Ontario international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

 

3. Ontario Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a Ontario election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

 

4. Ontario Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a Ontario consumer lawyer is immediately in order to avoid being scammed, or defrauded. A Ontario consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a Ontario consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

 

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in Ontario – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a Ontario constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

 

6. Employment Law in Ontario – It may seem silly to think you should hire a Ontario employment attorney whenever you are considering firing an employee, but it has come to that. However, a consultation with a good Ontario employment law firm can provide you with the advice of how to handle your employee relations both immediately and in the future as you either seek to cut costs or get rid of a problematic employee. If you have been sued or threatened with a suit, or are being scammed by an employee, consult a Ontario employment lawyer immediately.

 

7. Ontario Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a Ontario estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

 

8. Water, Agricultural and Natural Resource Law in Ontario – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a Ontario agricultural lawyer with knowledge in this areas is before the issue becomes critical.

 

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in Ontario – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our Ontario law firm stands ready to defend them

 

10. Ontario Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our Ontario personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

 

If you have a legal matter in Ontario, Rancho Cucamonga, Temecula, Murrieta, Riverside, San Bernardino, Moreno Valley, Fontana, Inland Empire, Rialto, Redlands, Hemet, Perris, Colton, San Bernardino County, Highland, Yucaipa, Banning, Riverside County, Big Bear, Lake Arrowhead or anywhere in the Inland Empire, our Ontario law firm has the knowledge and resources to be your Ontario Lawyers and your Ontario Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

 

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in Ontario or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a Ontario attorney from our offices can assist you.