California Landlord Lawyer

Know your legal rights without spending a fortune in legal fees; get the advice of an expert for the cost of a book. It happens to everyone. You need legal help, but you have no idea what you’re getting into or where to begin. The thought of hiring a personal attorney–and shelling out outrageous amounts of money in hourly legal fees–makes you cringe. Isn’t there a better way? The Ask a Lawyer series arms you with practical, usable advice about common legal situations, answering your questions and familiarizing you with legal procedure before you ever set foot in a lawyer’s office. Each book walks you through simple explanations of the law, legal definitions, tips, and sample scenarios, describing what will happen and what your options are. In some cases, these books can keep you from spending money on a lawyer you really never needed. Whether you ultimately decide to handle the matter by yourself or use an attorney’s assistance for the completion of your plans, these books can easily save you thousands of dollars in the process.

Do you feel harassed by your landlord? Does your tenant never pay the rent on time? The problems that can arise in a landlord-tenant relationship may end up costing serious money if not handled properly and sensibly. This book covers the rights, responsibilities, and duties of both parties; the best ways of dealing with your landlord or tenant and coming up with reasonable solutions; what a tenant should look for in an apartment and a lease; how to evict a tenant or avoid eviction; and how to get out of a lease.

Landlord and Tenant (Ask a Lawyer)

The following information from the California Association of Realtors was provided to address the many new laws that affect California Realtors and their clients. These new laws were published in conclusion of the first half of the 2009-2010 legislative session. The laws mentioned are a interpretations and full legislation details on the new bills passed can be found on the internet www.leginfo.ca.gov.

REAL ESTATE

REO Buyer Can Select Escrow and Title: Effective October 11, 2009 to January 1, 2015. Assembly Bill 957.

The buyer in an REO transaction is free to select their own escrow and title company. A lender that subjects the buyer to use a specific company will be held liable.

MORTGAGES

No Advance Fee Loan Modifications: Effective October 11, 2009 ? January 1, 2013. Senate Bill 94.

This law addresses the high number of scams asking for upfront fees by prohibiting any compensation for performing a loan modification until all services are provided as promised. This law applies to any real estate agent and attorney.

Mortgage Loan Originators Regulated: Effective December 2010. Senate Bill 36.

Mortgage loan originators that negotiate terms for a mortgage loan for compensation are now regulated by the Mortgage Licensing System, this includes finance and residential mortgage lenders. What this means is more laws and restrictions will be applied to these professionals.

Mortgage Broker Activities Restricted: Effective January 1, 2010, Assembly Bill 260.

It is a mortgage broker’s fiduciary duty to put a borrower’s financial interest first. It puts restrictions on the arrangement of high-priced mortgage loans, pre-payment penalties, yield spread premiums, and negative amortization loans.

Mortgage Fraud Becomes a State Crime: Effective January 1, 2010, Senate Bill 230.

Any activities of mortgage lending processing with an intent to influence the process is seen as mortgage fraud under CA law. If found guilty, the crime is punishable with one-year in prison.

Reverse Mortgages: Effective January 1, 2010, Assembly Bill 329.

There are now new disclosures along with other requirements under the Reverse Mortgage Elder Protection Act that must be followed in any reverse mortgage transaction.

INVESTORS

60-Day Notice to Terminate Tenants Extended: Senate Bill 290.

60 day notice from a monthly residential tenant will still be law indefinitely. If a tenant has lived in a property for less than one year or is on a termed lease, a 30 day notice is sufficient. Other tenant laws were also addressed in this bill.

Landlord Utilities: Senate Bill 120.

This bill requires some utility companies to notify residential tenants if the landlord has been past due on bills which would result in the discontinuation of services. This protects the tenant form not have basic services and allows the tenant to put the utilities in their names to avoid an interruption in service.

Mobilehome Parks: Senate Bill 804

Management cannot make a homeowner use a specific broker or dealer to replace a mobilehome or manufactured home on a space in a mobilehome park.

OTHER AREAS OF REAL ESTATE

Appraisal Industry Oversight:Effective January 1, 2010, Senate Bill 237.

Background checks on all certified appraisers. Further expands the definition of what is considered appraisal fraud, including promotions, promises, threats, compensations.

Increase in Homestead Exemptions: Effective January 1, 2010, Assembly Bill 1046.

Homestead exemptions increase $75,000 for individuals, $100,000 for married couples, and $175,00 for persons over 65, disabled or 55 with limited income. The homestead exemption is to protect a homeowner’s equity from judgment creditors.

Swimming Pools: Assembly Bill 1020

This bill states that owners of apartment buildings, condominium complexes, and others, must place anti-entrapment devices for swimming pools. Also required is additional filing of compliance statements.

Mechanic’s Liens: Assembly Bill 457

New guidelines and processing, filing, and enforcing a Notice of Mechanic’s Lien.

Disposal of Records: Assembly Bill 1094

Liability business are now shielded if they property dispose of abandoned records via shredding or erasing the information. It is also legally presumed that a tenant shall own their records on the premises even after their lease has been terminated.

Plumbing Fixtures: Effective on or after January 1, 2014, Senate Bill 407

New disclosure requirements for the installation of water-conserving plumbing fixtures.

Originally published here.

LeaseWriter Plus guides you through the creation of a legitimate lease or rental agreement. Simply take the step-by-by step interview — in the end, you’ll have a solid document that reflects your needs and the laws of your state

Nolo LeaseWriter Plus