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San Jose Real Estate Law Blog

To get tenants out, you may have to get them into court

Most of your tenants may vacate your property without any fuss when their leases end. However, occasionally, you may have a tenant that refuses to vacate for any number of reasons.

The problem is that you can't just change the locks or go in and force the tenant out. You must follow certain legal procedures in order to remove the tenant. California uses a summary procedure called an unlawful detainer in order to achieve this goal.

What are your rights as a tenant in California?

As a renter in California, you know how important it is for you to make an effort to protect your rights and interests. From disputes with your landlord to reviewing the terms of a new rental agreement, you may find yourself in situations in which you could greatly benefit from the assistance of an experienced legal ally.

Knowing your rights is the first step in protecting your rights as a tenant. Disputes and legal issues that arise are both costly and time-consuming, and it is beneficial for you to seek a reasonable solution in an appropriate amount of time. You may benefit from a full explanation of your rights, as well as guidance regarding the ways you can protect your interests as a tenant.

What are your rights as a tenant in California?

As a renter in California, you know how important it is for you to make the effort to protect your rights and interests. From disputes with your landlord to reviewing the terms of a new rental agreement, you may find yourself in situations in which you could greatly benefit from the assistance of an experienced legal ally.

Knowing your rights is the first step in protecting your rights as a tenant. Disputes and legal issues that arise are both costly and time consuming, and it is beneficial for you to seek a reasonable solution in an appropriate amount of time. You may benefit from a full explanation of your rights, as well as guidance regarding the ways you can protect your interests as a tenant.

What to do when a neighbor dispute affects your property rights

Neighbor disputes can be complex, and it may take more than a good fence to come to an appropriate resolution to your situation. In some cases, a dispute with your neighbor is much more than a simple difference of opinion, but rather involves an infringement on your property rights. Effectively resolving these disputes in a timely manner is important for you and your entire family.

One of the most common reasons for a neighbor dispute involves property lines. You and your neighbor may have vastly different opinions regarding where the boundary line exists. You have the right to seek assistance, take steps to protect your California property interests and work for a positive solution to any type of boundary dispute.

Did the seller fail to tell you everything?

Buying a home? The number of issues that require your attention before you take possession of the keys may surprise you. Simply extending an offer and signing a sales contract does not come close to the amount of legwork required.

Title issues, escrow and financing are only some of the tasks you encounter on your journey to home ownership. You will want to make sure that the home you purchase doesn't become something out of the movie, "The Money Pit." In order to do that, the home needs an inspection, and the seller needs to tell you if the home has any issues that could affect your decision to buy or has any defects that could affect its value or habitability.

Do you know where your property ends and your neighbor's begins?

The old saying that "good fences make good neighbors" still applies today. Fences delineate the boundaries of your property, which you might not consider an issue until you think about selling your property. At that time, that structure that your neighbor either inadvertently or purposely put on your property could become an issue.

What is encroachment?

Are you a victim of mortgage fraud?

Mortgage fraud is a serious issue, and victims of this type of unacceptable and illegal action may feel overwhelmed and confused about what to do next. When lenders act illegally or fail to properly disclose certain terms to the borrower, the borrower would be wise to take quick and decisive action to protect his or her rights and financial interests.

Can a landlord evict a tenant with only a few days notice?

A common question that both landlords and tenants ask is, "How much notice needs to be given before an eviction?"

In California, the answer to that question depends on several factors. In some cases, it is legal to evict someone with only a three-day warning. In other cases, the landlord must provide a 30-day or 60-day advance notice, and the notice must be in writing. Let's look a little closer at the requirements.