Category: Estate Planning

Real Estate Tenants Rights

Real Estate Tenants Rights

Landlords and tenants are both involved in leasing processes whether it is for an apartment or a house. Each party is expected to follow specific rules and are responsible for their legal matters. As a result, the landlord is obliged to build a functional and safe facility as per the terms and conditions of the lease agreement. It is a legal right of a landlord to receive monthly rent by the due date. On the other hand, there are some local, federal, and state rules determined for a tenant.

These rights include not becoming a victim of discrimination, not to pay extra money than allowed by the state law regarding a security deposit, and his right to get a comfortable house. Tenants with limited incomes don’t have plenty of housing choices. That is why they are willing to compromise with certain hassles. It is worth noting that the rights of a tenant are non-negotiable.

In light of this, here is an overview of real estate tenant rights.

1.    Tenant Privacy Rights

As a tenant, you have a right to maintain a certain level of privacy. A landlord may need to visit your rental property for repairing and other purposes. In this case, they should send a notice beforehand.

2.    A Habitable Home

A comfortable home is usually a place that is free from unsafe conditions such as holes in the floor, bad wiring, and lack of running water, an infestation of rats or cockroaches, etc. These problems hinder habitability. You need legal advice here as most state laws impede landlords from incorporating language in the lease documents to keep a tenant unaware of this right.

3.    Anti-discrimination Laws

The federal Fair Housing Act prohibits a landlord from discrimination amongst the current or prospective tenants. A landlord cannot discriminate by tenant’s religion, ethnicity, race, gender, national origin, familial status, or disability.

4.    Security Deposit

Tenants are often required to pay some amount as a security deposit when signing the lease documents. This deposit will return to him on the completion of lease terms (landlord can minus any unpaid rent or money used for cleaning and repair). A tenant is expected to pay an extra deposit in case of pets and other liabilities.

Legal Advice for Tenants

Signing lease documents and getting keys to your new apartment may seem a simple procedure but you never know when this process needs a legal advisor. It often happens when you find out an infestation in your house or when a landlord demands an additional security deposit. It is suggested to get legal help as a certified lawyer can explain local laws and how they apply to a particular condition.

Dealing with a legal dispute can be the pain in the neck if as a tenant you are not aware of your constitutional rights. You should consult with an experienced attorney whether you are a defendant or plaintiff. A lawyer will review documents, interview witnesses, research the laws, plan legal strategy, and negotiate with the landlord to obtain the case result in your favor.

Bottom Line

Contact Earl Jiang at 866-263-7866, to learn about your legal rights and get advice as a tenant

Reasons Why You Need An Estate Planning Lawyer In Hayward

Reasons Why You Need An Estate Planning Lawyer In Hayward

Estate planning involves a series of legal decisions for which you need a professional and certified adviser. There are plenty of formalities that need to be taken care of and going through every bit of jargon is a technical and daunting process.

Property owners often struggle to decide whether they need an attorney regarding their will or not. It is worth noting that estate planning is more than paying taxes on the assets. You might not need an attorney in case of no financial complexities, family dynamics, and a few assets.

However, in other cases, dealing with estate planning without a lawyer can land you in trouble as it is more likely that you will miss out on a lot of technical details and may file incomplete and improper paperwork.

An estate planning attorney monitors every aspect of your case at the beginning such as an uneven distribution of assets over time or if members of a family aren’t getting equal shares, etc. An adequate estate planning should be a part of your financial oversight because it could become complicated and costly if delayed and not performed correctly.

In light of this, here are some important reasons why it is wise to hire an estate planning attorney.

For Extensive Estate Planning

Most estate owners think that there is no difference between a will and an estate plan similar. However, these are two distinct terms. An estate plan is based on legal documents containing the appropriate distribution of your assets and comes into effect immediately after you have it made by a professional. However, a will is a legal document that comes into effect after you pass away and mostly highlight who will get your properties, assets and what not after you pass away.

When it comes to estate planning, the procedure involves almost six estate planning documents which a lawyer can help you prepare accurately.

A Complex Process

When it comes to estate planning, there are procedures involved which you cannot deal without legal advice. You need to learn that the federal government changes laws on a consistent basis, and not everyone can track those changes.

Unpredictable Life Events

There is no denying that an estate plan may need to be revised in light of unpredictable life events. You need to review your estate planning when your children grow up, or if you move to a different state, or if you marry or divorce, etc. and others. Like your financial situation goes through drastic changes over time, your estate planning requires modification as well. That is why hiring an attorney is necessary who can guide when your estate plan needs a revision.

For Long-Term Benefit

Working with a lawyer can help you in numerous ways – especially when it comes to being prepared and up to date with all your documentation. The estate planner will ensure there are zero discrepancies and that you have precise control over all your assets in both the short and long-run.  He is an unbiased person who can answer various questions like whether your children are mature enough to handle your wealth or not. With the right advice, you can make a wise decision which will benefit you and your family.

Save Time and Money

Hiring an attorney could become a useful way to alleviate the burden that legal matters often bring. You will also end up paying additional court fees and taxes which you can save with professional help.

Bottom Line

If you are looking for a reliable attorney in Hayward for an adequate estate plan, contact Earl Jiang at 866-263-7866.