Tag: Attorney

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

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.

How Can a DUI Lawyer in Union City Help You

How Can a DUI Lawyer in Union City Help You

DUI stands for Driving Under the Influence. Most DUI defendants are unable to do what a qualified, well versed lawyer can, no matter how much unsolicited advice you might have been getting from people. Here are 5 prominent reasons how a DUI lawyer can prove to be of great help should you ever catch yourself in a DUI case. After all your freedom is at stake and you want the best possible person to help you.

A lawyer knows when to speak and when to just let it be

Prosecutors often have a great time grilling you when you stand up in your own defense. Therefore a good DUI lawyer ensures to be your spokesperson but only at the right time. More often than not, being verbal can do you more harm than good. This is why choosing the right time and words to speak are very important.

Complete information regarding local courts

Most individuals are highly uninformed about the proceedings of courtroom environment. Unless you think yourself you are well versed in it, you better let a DUI lawyer handle court on your behalf.

A lawyer keeps track of filings and legal deadlines

Consider that you have failed to request dashcam footage of police in time which might lead you to face a possible misconduct case. Likewise there are many other procedures that need to be filed before specified dates and attorneys are well equipped to meet these deadlines.

Negotiation with tough prosecutors

Hammering out alternatives to jail or plea bargains is done best by an experienced lawyer since it involves dealing with local prosecutors. Attorneys have developed trust, goodwill, good name and art of negotiation amongst each other for years and a new member trying to defend themselves alone cannot do this passably. Most prosecutors completely avoid a defendant not from their field because they expect them to lack complete courtroom knowledge and this puts you in further problem.

Skillfully helps to expunge your conviction

Get your conviction expunged even if you do have a conviction because a DUI lawyer is well versed in stating and navigating specific expungement procedures in local courts. This will save you from future employment and your lawyer won’t let anything happen to your credit ratings.

You can always search for your nearest DUI lawyer online and the good news is most DUI attorneys offer free consultations. This can help you compare the best one in your area.

Dealing with a DUI case isn’t a pleasant experience. If you or someone you know is going through this hard time, call Earl Jiang at 866-263-7866 without further delay or send a contact email at Earljiang.