Owning rental property is a great way to earn extra income, but becoming a landlord also requires the expenditure of significant time and resources tending to the landlord-tenant relationship. Here are some suggestions to help first time landlords avoid common mistakes to ensure the process runs as smoothly as possible. Proper Screening of Tenants Screening…
California landlords have an obligation to ensure the rental unit is fit to live in, or habitable. As part of this duty, landlords must repair problems that make the rental unit unfit to live in. This obligation arises from the implied warranty of habitability that is part of all residential leases, irrespective of whether the…
Providing proper notice to the tenant is an essential prerequisite to any unlawful detainer action. 3 Day Notices are one of the most common forms and are used to inform the tenant of a claimed violation of the lease or law that could lead to the filing of an eviction lawsuit against the tenant. There…
Subleasing is an effective tool used by tenants to reduce living expenses or replace roommates. This article discusses the fundamentals of a sublease arrangement and explains the parties’ rights and obligations under such an agreement. What is a Sublease? A sublease is the re-renting of property by an existing tenant to a new third…
The legalization of marijuana use in several states, including California, has created confusion over the conflict now existing between state and federal laws addressing the legality of its use. Does legalizing marijuana use allow California tenants to successfully argue they are entitled to smoke marijuana in a rental unit? The short answer is “no”. Landlords…
Becoming a landlord can be a lucrative endeavor, as long as you know the dos and don’ts of running a real property rental business. This article discusses practices all landlords must avoid when renting a dwelling to a tenant. Do Not Enter the Property Unannounced A landlord’s ownership interest in rental property does not equate…
Buying a rental dwelling with existing tenants has risks and benefits. This article summarizes the pros and cons of purchasing a home with existing tenants and the potential challenges faced by landlords contemplating a purchase of tenant-occupied property. The Existing Lease Agreement Controls When rental property is purchased by a new owner, he or she…
There are limited circumstances permitting a landlord to change the locks on a California tenant. This is because a lock change interferes with a tenant’s right to lawful possession of the rented premises under the terms of the lease or rental contract. Competing considerations are at play, namely, the tenants right to possession, and the…
This article provides an overview of the requirements for obtaining a civil default judgment in a California civil case. Threshold Requirements for All Default Judgments The requirements for obtaining any default judgment in a California civil case are: Once these prerequisites are satisfied, a default judgment may be sought immediately. Requirements for Obtaining a Clerk’s…
A limited liability company (or LLC) is a business structure that is frequently created for the purpose of owning rental property in California. This article discusses the major benefits of creating an LLC for that purpose. Limitation of Liability When rental property is owned as an individual, the owner’s personal assets are at stake in…