Category: Renting and Tenant Rights

The escrow process can be stressful for buyers and sellers alike. Inspections and mortgage applications give buyers extended to-do listings with tight deadlines, while sellers remain busy making repairs and preparing to close on their new homes. It’s typical for a single party to ask to delay closure escrow. Although it’s normally the buyer who wants more time, there are conditions that prompt a seller to extend the deadline. The purchaser’s best recourse is contingent upon the conditions of the petition and the details of the sales arrangement. Causes of Delays A seller might delay escrow in order to get more time to pack and move. It’s also possible that the seller might have experienced a glitch with funding his new residence or is going through a delay with that new property. These types of issues can be resolved with just a little patience. But if you are buying a…

Renting an apartment is a major commitment, for both the renter and the landlord. Each party is subject to certain rights and duties. Landlords and tenants who fail to meet their responsibilities or encroach on one another’s rights risk eviction, lawsuits and a long, inconvenient dispute process. This is why it’s important for landlords to screen potential tenants and for tenants to ask plenty of questions before signing a lease arrangement. Rental Agreement A leasing agreement is a legally binding document a landlord and tenant equally sign to initiate a lease. Except for provisions that violate state laws, both the tenant and landlord are bound by the conditions of the rental arrangement. Tenants will need to read rental agreements thoroughly before signing to find out about special building policies, such as using shared area and how frequently tenants are permitted to have overnight guests. Landlords must be sure to include…

Apartment leases are not iron clad in California. While your landlord has the legal right to hold you accountable for the remaining weeks of lease on your arrangement, the law only permits him to do so right within reason. Should you have to break a rental, you will want to deal with the situation proactively. Function The purpose of an apartment rental is to provide both parties–tenant and landlord –stability and safety. Your spouse receives what amounts to a guarantee that he will collect rent on the device you are occupying for the duration of the rental. Unless the lease permits it–and most don’t –you can rest assured that your rent will not increase during your lease term. The part of California Civil Code that governs flat leases strives to limit unnecessary hardship for both parties in the event a tenant should terminate his agreement . Procedure If you up,…

Tenants are given rights in disputes or agreements with landlords in two manners. In many communities, official landlord-tenant agencies or offices oversee relationships between property owners and tenants. These offices often function under a pair of state or local ordinances governing the rights of property owners and tenants. In communities with no special landlord-tenant oversight offices, the details of the rental, and basic contract law, also provide tenants with specific rights. While the rights of tenants will be different according to the ordinances or the details of the rental, there are a couple common rights given to virtually all tenants. Directly to Legal Enjoyment of Premises Most leases involving property owners and tenants will grant the tenant the right to “the silent and lawful enjoyment of their assumptions ” in exchange for a timely payment of lease. This “silent and lawful enjoyment” only means that as long as a tenant…

In certain situations, property owners attempt to move their interest in the property to another thing. A quit claim deed makes this possible, and this legal document demands minimal action on the part of both parties. Actually, a lawyer ordinarily prepares the paperwork, and the parties involved with the move only need to express in writing their interest in completing the transaction. Reversing a quit claim, however, can be much more challenging. Function A quit claim deed transfers interest in a property from a grantor to a grantee. Title is surrendered by the grantor. Sometimes, this gives the grantee complete ownership of their property, but the grantee is not guaranteed ownership rights. Another party, such as a mortgage creditor, may have a promise of land ownership. A mortgage does not be transferred by A quit claim deed. A grantor with a mortgage is still required to make the payments if…

The due-diligence period at a property contract is described as a purchaser ’s duty to thoroughly investigate a property within a specified time to determine whether the buyer remains satisfied with the property before finalizing the purchase, based on BizOptions.com. In the event the purchaser ’s analysis finds defects with the property, the buyer may either suggest a solution to the seller having an addendum into the property contract or cancel the purchase, according to the terms of the actual estate contract. Contingencies In the Residential Purchase Agreement and Joint Escrow Instructions published by the California Association of Realtors®, the conventional contingency period for sellers to deliver all reports and compulsory disclosures is seven days. The buyer, on the other hand, has 17 times to finish inspections and obtain financing. Both these time frames could be negotiated by the buyer and seller. At the end of the contingency period, the…

It is a simple fact of landlord life which sometimes certain tenants don’t pay their rent or they owe money for items such as rental property harm. There are a few remedies the landlord may take to collect what’s owed. For one, landlords are permitted by state regulations to move to small claims court to collect tenant-owed debts. Small Claims Courts Small claims courts in all the states are meant to address problems such as debts tenants may owe landlords. Landlords go to small claims court on broken leases, unpaid rent, and also tenant-caused damages not covered by security deposits. Each country and municipality also has its own particular small claims court procedure too. Landlords are clever to be certain the tenant debt instances they take to small claims court are fair and well-prepared. Small Debate Limits California small claims courts restrict the quantity of damage awards being asked by…