The Oakland Eviction Moratorium is currently one of the few eviction moratoriums still in effect in California. It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every reason. Here is an overview of what the moratorium does and does not cover. Which Rental Units Does The Moratorium Cover? The…
In the landlord-tenant relationship, both parties have duties and responsibilities owed to each other when it comes to upkeep of the property. While a landlord is required to maintain a rental that’s suitable for tenants to live in, tenants must also fulfill their duties and ensure that they take care of the unit properly while…
Landlords in California face their fair share of challenges, including those arising from a rental property that falls into a state of disrepair. Under the implied warranty of habitability, the landlord is legally responsible for maintaining a habitable rental unit – including making repairs to the property. What happens when the landlord fails to satisfy…
Landlords in Nevada cannot evict a tenant by simply changing the locks or shutting off utilities. A landlord must instead follow the eviction process to have a tenant evicted for any reason. There are two authorized methods of eviction under Nevada law – (1) the summary eviction process and (2) the formal eviction process. The…
There are two ways to initiate an eviction action in Nevada: (1) filing and serving a formal, civil eviction known as an unlawful detainer action, and (2) using the summary eviction procedures authorized by Nevada law. This post provides an overview of the summary eviction process in Nevada. What Is Summary Eviction? Summary eviction is…
The use of emotional support animals is becoming more prevalent, so its important for landlords with a “no pets” policy to know and understand the law in this field. This post covers landlord rights when renting to a tenant who has requested permission to have an emotional support animal at the dwelling. The Source of…
Before undertaking an eviction action, the landlord should be sure that his or her obligations to the tenant have been met and that no reasonable defenses may be offered. Here is a synopsis of the primary defenses a tenant can raise in response to an eviction. Unlawful Use of “Self-Help” Procedures Landlords in Arizona and…
In California, the divorce process begins when one spouse files and serves a petition to dissolve the marriage. When the non-filing spouse receives notice of the petition he or she is required to respond, typically by filing an answer within 30 days. If no response is forthcoming, the filing spouse can ask the court to…
The relationship of husband and wife imposes significant fiduciary duties on the spouses. Under California law, the fiduciary duties spouses owe to each other include mandatory, full disclosure of all assets, liabilities, income and expenses. These disclosures stem from equitable principles of fairness, and are intended to make settlement negotiations more transparent and efficient between…
Dividing up property is a necessary task in any California divorce. Property includes real property such as the family home, and personal property like bank accounts, cars, and home furnishings. There are three basic steps to the process of dividing up property in a California divorce proceeding. The first step involves classifying the property as…