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.
REAL ESTATE LAW
Real estate transactions and disputes often involve complex legal and financial issues that require experienced guidance. Our firm provides comprehensive legal services for buyers, sellers, landlords, tenants, and property owners. We handle matters such as disclosure issues, title and ownership disputes, landlord-tenant disputes, and more. Whether you are closing a deal, resolving a property conflict, or navigating California’s intricate real estate laws, we are here to protect your interests every step of the way.
In the realm of landlord-tenant law, California’s booming tech economy and the rise of remote work have brought of high-income earners to every corner of the state, creating an extremely competitive housing market. This dynamic has led to increased tension between landlords and tenants. Landlords aim to maximize their investments, while tenants strive for affordable, habitable housing. Tenants have the right to live in safe and habitable rental units. Landlords, in turn, have the right to collect rent, enter the premises for inspections and repairs, and evict tenants for nonpayment of rent or breach of the lease agreement. Understanding these rights and responsibilities is critical for both landlords and tenants.
civil litigation
Civil litigation involves resolving legal disputes between individuals, businesses, or organizations through the court system. Our firm is dedicated to guiding clients through these often complex and high-stakes matters with skill and precision. We understand that litigation can impact both finances and personal well-being, which is why we provide clear, strategic counsel from the outset. Every dispute is unique, and we develop tailored strategies that reflect your specific goals and challenges.
Our firm manages all phases of litigation, including case investigation, drafting pleadings, conducting discovery, motion practice, and comprehensive trial preparation. Because litigation can be costly and time-consuming, we seek opportunities for early resolution while remaining fully prepared to proceed to trial if necessary. To that end, when appropriate, we utilize alternative dispute resolution methods such as mediation and arbitration to help clients achieve favorable results efficiently.