Tag: Attorney

Landlord Rights and the Process of Eviction in Alameda County

Landlord Rights and the Process of Eviction in Alameda County

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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.

Real Estate Tenants Rights

Real Estate Tenants Rights

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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

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

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

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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.

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