Tag: alameda

Landlord Rights and the Process of Eviction in Alameda County

Landlord Rights and the Process of Eviction in Alameda County

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.

An Alameda Immigration Lawyer to Help You with Complex Californian Immigration Laws

An Alameda Immigration Lawyer to Help You with Complex Californian Immigration Laws

The clash between California and the federal government over immigration laws is not hidden from the public anymore. As California continues to disharmonize with the federal government on undocumented immigrants, understanding the law becomes more difficult for employers, law enforcement departments, educational institutes, etc. It won’t be wrong to say that even the immigrants face some tough situation as they attempt to wrap their heads around the law when interacting and transacting with various local institutions as customers, students, and citizens.

Here is a basic snapshot of what Californian immigration laws look like and how having an Alameda immigration lawyer on your side can help you out of an unfriendly situation.

Employers and Immigrant Workers

Employers are faced with the biggest dilemma they ever have while employing undocumented immigrants and complying with federal law when it comes to immigration agents visiting their business for investigation. State law will penalize employers that let immigration agents interrogate their workers or go into their records without a legal warrant. If they allow investigations without warrants, employers can face penalties ranging from $2,000 to $10,000. On the other hand, ICE (US Immigration and Customs Enforcement) plans to increase the pace of its investigations to capture illegal immigrants in California since the state has become a Sanctuary State.

The Sanctuary State Law

That’s where the state and the federal governments have come head to head. California has become a sanctuary after the enactment of California Value Act that protects investigations and detaining of undocumented immigrants by federal agencies. With this law, federal agents cannot keep an individual detained until they have a federal warrant or proof of that individual’s felony. The law also prevents the state law enforcement officers from handing over undocumented immigrants to federal agencies unless that individual is a sex offender or has committed a crime in the last 15 years.

The crimes for which an individual can be given into federal custody have to be one of those that appear on California’s Trust Act.

Law Pertaining to E-Verify

E-verify, an internet-based system for validating an individual’s eligibility to work as a legal employee is commonly used in many other states whereas California has restrictions on its use. Californian counties and municipalities are not to make private employers follow ordinances pertaining to e-verify. Private employers, however, have the liberty to use or not use the system while hiring employees.

Educational Benefits

California’s DREAM act goes against the laws that many other states follow. Those states have higher rates of tuition for undocumented immigrants and lower tuition rates for their legal residents. The DREAM act allows undocumented immigrants to pay the same tuition fees that any legally residing students of the state pay. These same undocumented immigrant students can take advantage of various grants and aids available from the institutions too.

The Immigration law in California can be extremely confusing, especially when the state and the government are up in arms about each other’s take on undocumented immigrants. If you are an individual, educational institute, employer, etc. from California and the immigration law is confusing you, get in touch with Earl Jiang at 866-263-7866 for immediate assistance.

An Oakland Lawyer Is Indispensable When Opening a Cannabis Business

An Oakland Lawyer Is Indispensable When Opening a Cannabis Business

The days of struggle are gone and interested individuals can now start their own cannabis business in Oakland, California. While the Adult Use of Marijuana Act (AUMA) already allowed people to use marijuana personally, people who were interested in starting their marijuana businesses had to wait until January 1, 2018 before they could sell it legally. Medical and Adult Use of Cannabis Regulation and Safety Act, abbreviated to MAUCRSA, contains the regulations that govern the licensing process of cannabis businesses. Those who want to start theirs in Oakland should consider hiring an Oakland marijuana lawyer to complete the process smoothly.

The Important Considerations When Starting a Cannabis Business in Oakland

It is highly recommendable for anyone interested in starting such a businesses to know the many terms and conditions that apply to them.

The Business Location

The first law you have to know entails your business’ location. Your cannabis business must not be within 600 feet of a K-12 school. In addition to that, you have to main the same 600-ft distance from other dispensaries in the area and youth centers. It is imperative that you realize how Oakland will measure that distance. In this particular case, the city will calculate the distance based on the path of travel. You will also have to have official documents to prove your occupation of the space before you open the business.

The Fee and the Permit

Next, you will complete the permit application form and submit it to the city of Oakland. Other important submissions include the following:

  • A complete security plan
  • A secure floor plan
  • Information on Energy Star
  • Business registration documents
  • Occupation documents
  • Plan for mitigation of odor
  • Plan for beautifying the community
  • $2,474 application fee

The Ten Sign-offs

That’s where things can get a bit difficult for you. At this point, you will receive a permit inspection card from the City Manager’s Office that requires you to visit ten different departments and get signatures. Depending on the type of cannabis business you do e.g. cultivation, extraction, etc. you might or might not have to get all the signatures. Here are the names of the offices from where you will get the signatures.

  1. Revenue management bureau
  2. Alameda County Agriculture
  3. Alameda County Environmental Health
  4. Oakland Building Services (Building)
  5. Oakland Building Services (Electrical)
  6. Oakland Building Services (Plumbing)
  7. Oakland Planning/Zoning
  8. Easy Bay Municipal Utility District
  9. Fire Prevention Bureau
  10. Port of Oakland

Be sure to check the details of which sign-offs your business will require.

The Equity Permit Program

The equity program can be quite confusing for most people looking to start their cannabis businesses in Oakland. Only a handful of the businesses can obtain the permit as equity-eligible whereas others have to find different routes. Businesses will have to choose to be equity incubator or equity eligible. The third and last option for businesses is to be patient until these restrictions go away. There is no timeframe on when the restrictions will be removed.

If you have read all the information carefully, you realize at this point that it is still not a smooth ride for anyone who wants to start a marijuana business in Oakland today. With so many controversial regulations and processes to complete, it only makes sense for you to have a marijuana lawyer in Oakland on your side throughout the process. Contact Earl Jiang at 866-263-7866 before you initiate the licensing process for your marijuana business.