Uncategorized Archives | Attorney Earl L. Jiang

Landlord Rights and the Process of Eviction in Alameda County

By admin | November 1, 2018

You enter into a legal contract when renting your apartment or house to a tenant. This contract is called a landlord-tenant relationship. It comes with a set of legal formalities determined by the state or in some cases, federal law. Both parties need to understand the contract before signing one and adhere to the stipulations therein.

Just like tenants, landlords have rights as well. As a landlord, you can increase rent or take any step using your legal rights. Despite that, learning about the laws will keep your property safe and help in the more extended run.

Landlord Rights

The law gives you the right of selecting a tenant considering their rental history, income information, credit reference, credit check, and guarantee. However, you should avoid focusing on factors like a tenant’s ethnic origin, family status, and disability.

As a landlord, you are entitled to collect full rent on the due date. You can also take legal action against a tenant who fails to pay rent after multiple chances.
You can collect rent deposit after signing the tenancy or lease of the agreement. The deposit should be similar to the one rental period.
The law permits you to visit the property regarding repair or maintenance. However, there are specific entry guidelines you must follow.
As a landlord, you can increase the rent only once in a 12-month period.

Process of Eviction

There could be various factors that encourage a landlord to evict the tenant. A landlord can start the eviction process following appropriate eviction regulations.

For that, you may need a lawyer. You should prepare each document and legal forms accurately to get your property back without facing any obstacles. It is worth noting that court rejects eviction requests in case of incomplete records or insufficient proof.

You can run the eviction procedure if the tenant is harming your property. You can opt for the option if the renter is involved in criminal activity, possession, or tries to sell your property. You should submit proofs that a tenant has breached the lease agreement.

Moreover, you should also provide the letters you composed of advising and warning a renter regarding their undesirable activities to make your eviction request actionable.

Also, eviction protection might not approve in units where state or local program, federal law, or the housing authority determines the rent. So it is not applicable to commercial units, motels/hotels, or mobile homes where the stay is for usually less than 30 days.

A landlord must take note that he can only evict 10% of the units in the buildings with five or more units any time of the year. There is no need for a viable cause for the landlord to do this. However, for 25% eviction of the rental units, you can send notice in any year of the contract.

Bottom Line

A certified attorney can provide legal advice in the procedure of eviction saving you from the complex court proceedings. So, contact Earl Jiang at 866-263-7866 and seek legal help for your queries.

When an H1B Visa Holder Might Need an Immigration Lawyer in San Jose

By admin | October 1, 2018

Globalization is not an unfamiliar term anymore. The world understands it and in fact, benefits from the interconnectivity and interdependencies among countries. Every year, hundreds of thousands of people enter the US in search of opportunities to transform their lives and support their families.

However, the complexity of immigration laws and the current situation between the state of California and the federal government makes it imperative for any immigrant to understand the laws thoroughly before setting foot here. Those who are already working in the US under H1B visas need to get in touch with immigration lawyers to know and defend their rights.

The H1B Visa

Visa is a passport endorsement, and a permission from a country to the individual to cross its borders. Visas can have many different statuses e.g. some allow individuals to work in a country while others only let them stay for a few months. The H1B visa in the US allows foreigners to work professionally in the US. It is a non-immigrant visa status under which the individual can work in the US for only a specified term. However, they can apply for extension of their stay. The visa is for three years and the individual can get an extension of three additional years allowing him/her to stay in the US for six years.

What Can Go Wrong?

While employers and employees both need to benefit from an immigration lawyer, employees need it more. Sometimes, individuals who come to the US in hopes to change their lives can come across their worst nightmares. The company that applies for their visa and employs them refuses to pay their salaries or asks them to perform duties that might not be in their job description. A person who comes to the US for the first time and faces this situation would not know how to handle it.

On most occasions, employees choose to remain quiet and change employers—they consider it the easy way out. However, changing employers often gets them in even deeper trouble. The unsuspecting employee ends up breaching a contract and facing a lawsuit from the company to pay thousands of dollars.

The company might sue the employee for not working for the number of months that were on the signed contract. While California, and as result companies in San Jose, can write such agreements where employees can be penalized for breaching the contracts, they can’t always justify their own actions too.

An Immigration Lawyer to the Rescue

In situation where the employee was not given his salary and made to do tasks that were not in his/her job description, it seems funny and shocking at the same time to be getting sued by the same employer. If the employee with the H1B visa does not take action immediately, they can get in a huge trouble. It only makes sense at that point to hire an immigration lawyer. Not only will the lawyer save the employee from an undeserved lawsuit, but also have the company penalized for their dishonest conduct.

If you live in San Jose and someone you know is in such a situation, call Earl Jiang at 866-263-7866 immediately. Keep in mind that your timely action matters crucially because your H1B visa is only limited to three years.

Why You Should Hire a Personal Injury Lawyer ASAP

By Brandi | February 1, 2018

When you are involved in an accident where you have received injuries, it is important that you get in touch with a lawyer who specializes in personal injury law. Some people will just ask you to wait or tell you to handle things on your own, but that’s not the right path to take. If you don’t hire a personal injury lawyer quickly after the incident, you can face troubles in many different. Here are some important reasons why you should hire a personal injury lawyer as soon as possible.

To Get Help in Time

If you don’t know this already, every state has its law about how much time you have before you can take the matters to court. For example, if you live in California, you have two years after the accident for filing personal injury lawsuit. Property damage claims can be made in three years. After this period has passed, you might not be able to get justice and compensation for the expenses you have made on your medical care and treatment.

To Avoid Evidence Loss

You might not believe this one, but it is true that the longer you take before filing a lawsuit, the more difficult it becomes to collect evidence to make your case strong. In many cases, the information collected from the site of the incident can make the difference between winning or losing. When contacted in time, your injury lawyer will start collecting information about your vehicle, defendant’s vehicle, medical devices present at the scene, any eye-witnesses, pictures, etc. Pictures of your injuries can also help filing the lawsuit because it is easy to prove this way that your wounds are a result of the car accident in question.

To Avoid Mistakes

One of the biggest mistakes people make when they are involved in a personal injury case is that they try to take matters into their hands and worsen the case. Right after the accident, they can be contacted by the third party insurance companies or the lawyers of the defendants. Saying anything that can go against you in the case weakens the case. If you have spoken too much that can go against you; many lawyers might not even pick your case in the first place. So, make sure you contact the lawyer before you make any verbal mistakes.

To Be Mentally at Peace

When you are involved in an accident, and you receive bodily injuries, the whole experience can be very disturbing for you. During this time of great pain and suffering, you don’t want to handle files, collect evidence and record people’s evidence. The job is best left to the professionals who know how to get to the depths of things within a matter of hours. Once a lawyer is there to take care of your case, you can be mentally at peace that a professional has the matters in hand.

If you or someone you know has been involved in a personal injury case, you are highly recommended to get in touch with http://earljiang.com/ at 866-263-7866 before it’s too late.

Category: Uncategorized