HABITABILITY

In California, every residential lease carries an implied warranty of habitability requiring the landlord to keep the premises in a condition fit for human occupation. Whether a California landlord knows this or not, they have the legal obligation to provide tenants with a livable place by the simple virtue of holding the premises out for rent. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

We are here to help. Contact us immediately if your health or property has been damaged by the negligence of the property owner or manager. To be considered habitable under state law, a rental unit must have unbroken doors and windows, water supply that produces hot and cold running water and is connected to a sewage disposal system, electrical lighting with proper wiring, a building and grounds that are free of garbage and pests, a rental unit that is clean and sanitary, free from mold, debris, filth, rodents, and vermin, an adequate number of garbage cans in good condition, well-maintained floors, stairways, and railings.  

Partition 

A co-owner’s ability to seek a partition is an absolute right, any co-owner of real or personal property may bring an action for partition. However, just because a co-owner has a right to partition does not mean achieving that result is an easy task for someone unfamiliar with the law.

Like every lawsuit, a partition requirement must comply with the Code of Civil Procedure, the California Civil Code, the California Evidence Code, the California Rules of Court, and the “local rules” that are specific to the county where the real estate is located. Eventually, the case will come before the court, at which time the judge will make a determination on the merits of the partition request. If the request is upheld, the court will appoint a referee to divide or sell the property. Often, the court considers several factors to determine each owners’ fractional share, including how much initial money each owner put in, how much each has spent maintaining or improving the property, and if one has paid more in taxes or mortgage fees than another.

We are here to help, contact us immediately to discuss the specifics of your case.

REAL ESTATE LAW

Whether you are a buyer, seller, landlord, tenant, or property owner, we have the expertise to safeguard your interests. Our practice includes purchase and sale transactions, homeowners’ association (HOA) matters, property ownership, title-related issues, and more.

In the context of landlord-tenant law, the booming high-tech economy in the Silicon Valley has brought thousands of well-paid workers to the Bay Area. This competitive market has created certain tensions between landlords and tenants. Landlords seek to profit from their investments, while tenants seek affordable housing. Tenants have the right to live in safe, habitable rental units. Landlords have the right to collect rent, enter the premises for inspection and repairs, and have the right to evict tenants for failure to pay rent or for breach of the lease agreement. It's important for both landlords and tenants to be aware of their rights and responsibilities under California's landlord-tenant laws. Our practice includes security deposit issues, rent increases, retaliation protection, lease termination, and more. We are here to help you, contact us immediately to discuss the specifics of your case.

ESTATE PLANNING

Estate planning is an expression of care. It is about making sure that a trusted guardian will look after your minor children, that a family member with special needs will be provided for, and that your estate will be given to the people and organizations you care most about.

Generally, if one passes without a will, trust, or other provision for the distribution of their assets, those assets will be distributed according to California law. This is a complicated process, but essentially the state will determine who gets the assets based on their relationship to the deceased. With a good estate plan, your dependents or beneficiaries can avoid the time-consuming probate process when seeking the ownership of assets you leave behind. Planning your estate comes with significant benefits should a major life event as an unexpected tragedy or incapacitation occur as well. We are here to help you take action on your estate plan.

Our practice includes: wills and trusts for individuals and families, medical power of attorney, durable power of attorney for assets, nomination of guardians for minor children, nomination of conservator, and more. Call us today.