Real Estate & Business Attorneys
Deposits are generally refundable unless there is a lawful liquidated damages clause. The burden is on the party claiming the deposit to show it is a proper liquidated damages and not an improper “forfeiture” and the written agreement bars return of the deposit. ...
This law creates the revocable transfer on death (TOD) deed which allows a homeowner to transfer to a named beneficiary 1- 4 residential real property upon the owner’s death without a probate proceeding. This is similar to a joint tenancy deed, but easier for the...
If a tenant or member of the household was a victim of an act of domestic violence, sexual assault, stalking, elder abuse or human trafficking, the tenant can terminate the tenancy with 14 days written notice to the landlord. The tenant is required to attach to the...
If the landlord/manager goes to Home Depot to buy pesticide, then they must post a sign of pesticide use. The exception if is a licensed pest control operator is used then no sign is needed! This law requires a landlord or the landlord’s authorized agent to provide a...
A landlord is not obligated to repair mold problems until: 1) until he or she has notice of it or 2) if the tenant fails to keep the property clean and sanitary and thereby substantially contributes to the existence of the mold. Also, for a building, or portion...
Condo owners have a similar law. This law requires a landlord to permit a tenant to utilize a clothesline or drying rack approved by the landlord in the tenant’s private area. The landlord must permit a tenant to utilize a clothesline or drying rack approved by the...
Labor Code §1197.5. bars employers from paying employees less than other employees of the opposite sex for substantially similar work regardless of their job titles or the location where they work. Current law prohibits an employer from paying an employee less than...
Commercial property owners must be careful of the ADA/Unruh Act access claims filed by mills seeking $5,000 to $10,000 because your slope, or sign is missing, or faded regarding parking spots. The new laws require an attorney sending a demand letter or serving a...
Now homeowners can ignore HOA limits on use of clotheslines and drying racks. (A separate provision of this law applies to tenants. See landlord/tenant section below.) This law makes unenforceable any provision in HOA governing documents that effectively prohibit or...
The short term rental “hosting platform” ( the online advertisement website) must warn prospective “buyer”/”renter” that subletting the tenant’s residence may violate the lease and could result in eviction. This law requires a “hosting platform” to provide notice...