Law Office of Leo B. Siegel
Real Estate Law And More In Santa Clara County And Beyond
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November 2017 Archives

Understanding the protection provided by a purchase agreement

Many in Santa Cruz may think that once they have found their dream home, all that is left is simply putting in an offer and then waiting to move in. However, the home-buying process is rarely that simple. In many cases, it is only after a party has put an offer on a property that the real work begins. In between the time of making an offer and closing on a home, a buyer and seller must work together to complete the transaction. During this time, the only security a buyer has that holds his or her interest to the home is the purchase agreement

Back rent and other causes of eviction

Whether you are renting a unit or have tenants who you wish to remove, eviction can be an incredibly overwhelming experience. Our Santa Cruz law firm recognizes how upsetting eviction can be, especially for someone who may be unsure where they will move to next. If you are being evicted because of allegations that you have failed to pay rent, or any other matter, it is important to understand your rights and you may want to take steps to protect your rights. Unfortunately, some people have been evicted from their place of residence for an invalid reason.

In an unmarried property dispute, who wins?

Societal shifts are reflected in the growing number of couples who choose not to marry immediately, if at all. This trend appears to be in response to the overwhelming divorce rate of past decades, but is cohabitation really the answer? Oftentimes it can only make matters more complicated, especially when it comes to the ownership of property. Knowing the ins and outs of ownership in unmarried situations can help California couples avoid heated disputes in the long run. 

A tenant's rights in a landlord dispute

"Home sweet home" can take on a number of different meanings, depending on the resident. It is for this reason that countless tenants experience issues with their landlords, ranging from rent price disagreements to maintenance repair. Although there is no single answer to such problems, there are a number of routes California residents can take when struggling with a landlord. 

The heat in my rented apartment broke, what can I do?

With colder months coming upon us here in California, if your heating system has failed, now is the time to take action. Heat may be a mandatory provision of the landlord under the implied warranty of habitability, regardless of your rental agreement.

I bought land but it has no access road! What do I do?

If you bought a landlocked piece of California real estate, that would typically mean that there is land owned by other surrounding your land on all sides, without a self-contained driveway leading to a public road. Your question is an important one because you cannot get to your new land unless you travel over someone else’s property. Without proper permissions, you could find yourself treading in the area of actionable trespass.

What is a detainer action?

Nearly everyone in Santa Clara has probably heard stories about roommates or tenants who just will not leave. There is no shortage of humorous suggestions aimed at solving such a problem: changing the locks, buying a vicious guard dog or just moving away yourself. Yet there is little that is funny about such a situation when your are having to deal with it. When struggling with having to evict an unwanted guest or tenant, you will likely become very familiar with the term "detainer action." 

What is mortgage fraud?

Many view buying your own home as being part and parcel of the American dream. Finding your dream home in Santa Cruz might be easy; it is often obtaining the financing for it that is a major source of stress. When trying to get a mortgage, you likely will do all that you can to provide brokers and lenders with whatever information that they need, remaining completely transparent throughout the entire process and operating in absolute good faith. Imagine, then, how crushing it may be to later discover that you have been the victim of mortgage fraud

The eviction process: notices, claims, and length of time

Evicting a tenant is a tricky proposition, mainly because the rules and processes are in favor of a tenant that is being evicted without cause. Even when a tenant is being evicted with cause, the landlord or property manager taking the action needs to make sure they have all of their legal ducks in a row, so to speak, to make sure that their eviction holds water.


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