Landlord Law / Tenant Law

Landlord Law / Tenant Law

Commercial Landlord / Tenant

California Commercial Landlord Tenant Law:

A commercial tenant owns the business, but does not own the building the business is in. This applies to most businesses in the United States. The laws and rights that are available to residential tenants do not extend to commercial tenants. Since the commercial landlord controls the property, a commercial tenant is vulnerable and sometimes abused.

Commercial Tenant-Landlord Legal Issues:

Commercial tenants usually go through the following issues when dealing with the commercial landlord:

  • Breach of lease
  • Inability to pay rent
  • Being overcharged for rent
  • Property damage disputes
  • Eviction proceedings
  • Collections

What an Active Law Group Landlord Tenant Lawyer can do for you?

Whether you are a commercial landlord or a commercial tenant, your business could end up in a dispute. When disagreements arise about your commercial lease, a commercial landlord-tenant lawyer can work with you. An Active Law Group commercial real estate lawyer deals with landlord-tenant disputes for restaurants, family businesses, small stores, and offices. Speak to a commercial landlord-tenant lawyer before entering the lease to help understand your obligations.

Residential Landlord/ Tenant

Residential Landlord Tenant Law:

Residential landlord / tenant law deals with issues of rental or lease of residential real property. State statutory and common laws apply in residential landlord / tenant law, while the basis of the landlord / tenant relationship is governed by property law and contract law.

Consequences of Residential Landlord/Tenant:

If you are a residential landlord or residential tenant, you should know all the laws that apply to you. Both landlords and tenants have obligation and responsibilities. Residential landlords should:

  • Keeping a tenant’s water, electricity or gas
  • Making arrangements and pay for wear and tear repairs
  • Make the property livable Notify tenants when the property’s ownership is transferred
  • Not discriminate

In the same token, residential tenants should:

  • Dispose garbage properly
  • Not damage the property
  • Pay rent when it is due
  • Respecting and abiding by the landlord’s regulations

What an Active Law Group Landlord Tenant Lawyer can do for you?

An (A.L.G.) residential landlord / tenant lawyer knows how important the relationship between a residential landlord and a residential tenant is. If a tenant can’t pay their rent or if they breach their lease, working with an attorney can help. Also, if your dealing with eviction issues, our Active Law Group residential landlord / tenant lawyer can help assert legal rights to help protect you.

Unlawful Detainer

Unlawful Detainer Law:

An unlawful detainer is a legal way to evict someone from where they live. An unlawful detainer is usually used when a tenant stays even after the lease is over or cancelled. Unlawful detainers decide whether or not the landlord can take the property back from the tenant.

Consequences of Unlawful Detainers:

The unlawful detainer process is complicated. Possibilities for negotiations come up in the process. A tenant only has 5 days to respond to an unlawful detainer summons or complaint. This means it is better to get started on your case as soon as possible. Unless a tenant responds in these 5 days, they can be evicted.

What an Active Law Group Landlord / Tenant Lawyer can do for you?

Unlawful detainer cases are complicated. Speaking to an unlawful detainer lawyer can inform you of all your rights. Unlawful detainers are associated with criminal proceedings, rather than real estate transactions. An Active Law Group landlord/tenant lawyer challenges eviction proceedings and help tenants stay in their homes. We build persuasive cases to help protect your rights.

Eviction Notice

Eviction Notice Law:

An eviction notice is given by a landlord to a tenant as a notice of ending the tenancy. It is a fast process which must be executed properly by the landlord. The types of eviction notice a landlord could give to a tenant are:

  • Non-payment of rent – the tenant doesn’t pay the rent when due and the landlord usually gives 3-5 days for the tenant to pay the rent along with late fees. If the tenant does not pay, they could be given an eviction notice
  • Fixing a violation – the landlord gives the tenant time to fix something they have violated, such as a pet forbidden by the lease or a car in the front yard causing problems. If the tenant does not correct the issue in the time allotted, they could get an eviction notice.
  • Unconditional notice – the tenant has seriously violated the lease agreements and the landlord does not give the possibility of correcting problems.
  • 30 or 60 day notices – given by the landlord without giving any reason.

Eviction Notice Legal Issues:

The tenant has to answer after getting the eviction notice. It is up to the tenant to raise defenses to use against the landlord. The tenant should then file their answer with the court. If the tenant has a valid defense, the case will be set for a hearing in court and which can take a couple of months. If the tenant has no valid defense, the eviction notice procedure lasts a couple of weeks.

What an Active Law Group Landlord Tenant Lawyer can do for you?

Getting an unjust eviction notice is a disturbing event. An Active Law Group eviction notice lawyers can handle this situation and answer all your questions about eviction notices. Lawyers are talented negotiators and they represent their client’s interest. Acting early with the help of our eviction notice lawyer can help to resolve and settle the case.