Doing business in Santa Clara, San Mateo, and Alameda Counties

Call 408-559-5649

Call 408-559-5649

Tenants Are Legally Allowed To Do What in California?

Written by David Roberson, Esq. on . Posted in For Tenants, Landlords

AA bad-landlord electricityTenants in California, by law, are entitled to rental property that is habitable.  In other words, it must meet basic health and safety standards and is in generally good repair.  Habitability is a function of the building codes combined with common sense workability.  When a tenant is presented with a problem like a broken pipe, a failed water heater, or a defective electrical system they are granted certain statutory rights.

If a landlord or property management company fails to repair or adequately address the issue, once given proper notice, then the tenant has remedies. First, the tenant can pay for the repairs themselves and deduct the cost of the repairs from their rent.  Second, the tenant can withhold rent.  Third, the tenant can call the local code enforcement officer for an inspection which could lead to administrative problems for the landlord.  Fourth, the tenant can file a lawsuit against the landlord.  Finally, the tenant may move out without giving any further notice provided the breach of habitability is sufficient to warrant such action.

Why Most Landlords Don’t Know Habitability Standards

Written by David Roberson, Esq. on . Posted in For Tenants, Palo Alto, Property Management, Silicon Valley Real Estate Investing

AA Habitability Sign how-to-handle-maintenance-habitability-issues-4-638Over the years I took the deposition of several landlords – each of whom did not know the first thing about what the term “habitability” meant, nor could they articulate the law with respect to their requirements as a landlord.  “[I]gnorance of the law is no excuse,” and many landlords and property owners have managed to skate by without knowing they are violating the law when it comes to habitability of rental units.  California Civil Code Section 1941 et. seq. states in pertinent part that “a rental unit is required to be fit, or habitable, to live in and rent by tenants.  The rental unit must substantially comply with local and state building, health, and safety codes that materially affect the tenant’s health and safety.”  In California landlords and tenants each bear responsibility for certain kinds of repairs – however landlords ultimately are legally responsible for making sure the rental unit is habitable.

Downtown North Palo Alto – Urban Living In Silicon Valley

Written by David Roberson, Esq. on . Posted in For Tenants, Palo Alto, Property Management, Silicon Valley Real Estate Investing

DowntownNorthPaloAlto2_MapOne of Palo Alto’s oldest and most recognizable neighborhoods – Downtown North Palo Alto – grew out of necessity during the construction of Leland Stanford Junior University – workers needed places to live, shop and eat.  Downtown North Palo Alto, located between Alma Street, Middlefield Road, University Avenue, and San Francisquito creek, is a few hundred footsteps from University Avenue which one of the most dynamic, diverse and economically powerful streets in the Silicon Valley.  The Downtown North neighborhood is the essence of urban living in Palo Alto, the hub of Silicon Valley.  Dozens of wonderful and tempting restaurants, cafes, shops, a theatre, and prestige stores line University Avenue (the heart of Palo Alto) – all within minutes of walking from Downtown North Palo Alto.  Jump on your bicycle, or throw on your walking shoes and Downtown North is also minutes from world renowned Leland Stanford Junior University and its sprawling campus.  A few minutes walking in the other direction leads to Caltrain – and all points north and south.

Property Managers, Commercial Tenants and Evictions

Written by David Roberson, Esq. on . Posted in For Tenants

Your commercial tenant failed to pay rent.  You have heard that things are not going very well for them, but now it is apparent.  As a property manager your duty and obligation is to resolve the issue as quickly as possible.

When the tenant failed to pay by the due date they have effectively breached the lease and you are entitled to evict the tenant from the property.  An eviction lawsuit commonly called an Unlawful Detainer action is a fairly straightforward legal process.  The important thing for property managers to know is that the steps involved in this process are critical and must be followed to the letter of the law.

A real estate attorney representing both parties in the action is common.  If your property manager has followed the law, given proper notice, and has a detailed file of all of the correspondence between the tenant and their company the unlawful detainer action should go fairly smoothly and the landlord or owner should prevail.

Go Green with Your Investment Property for Maximum Return On Investment (ROI)

Written by David Roberson, Esq. on . Posted in For Tenants, Property Management

If you are planning any renovations to your investment or rental properties in the near future you should consider going as green as possible.  Improving your investment property’s Eco Performance has monetary and intangible benefits as well.  You can ask your property management to help you along with using some of the helpful information in this quick guide.

What California Law Requires Property Managers to Know About Smoke Detectors and Smoke Alarms

Written by David Roberson, Esq. on . Posted in For Tenants, Property Management

If you manage properties or rental units for a fee, or you are an individual who rents properties or rental units to people/tenants for a rental fee or leasing fee you should pay attention to what the law requires when it comes to smoke detectors or smoke alarms.  As a landlord you are responsible to know the law; ignorance is no defense to a wrongful death lawsuit or serious fire causing major property damage.

Smoke alarms and smoke detectors are critical residential components which must be handled with care and diligence as they are life-saving and property-saving devices which must not be taken lightly.  The undertaking of managing properties is wrought with legal pitfalls and unknown obstacles, however understanding the law is paramount to being a fiduciary for your client, or being on the right side of the law if something goes wrong.  A new 2014 law in California implements some standards which all property managers and property owners who rent to individuals must be aware of and abide by.

Attorneys’ Fees, Property Managers, Landlords and Tenants

Written by David Roberson, Esq. on . Posted in For Tenants, Property Management

The American rule for attorneys’ fees is that each party bears its own attorneys’ fees and costs unless otherwise specified by contract or statute.  When a contract or statute specifies that the prevailing party is entitled to their reasonable attorneys’ fees and costs, assuming the matter is litigated to conclusion by a court or a jury, the prevailing party can then make a motion for their attorneys’ fees and costs (Motion for Attorneys’ Fees).  The motion is then taxed (Motion to Tax Costs), or opposed, by the opposing party by paperwork, a declaration, and exhibits.

Silicon Valley Property
Management Group

1900 Camden Avenue
San Jose, CA 95124
408-559-5649

We manage residential and commercial rental properties in San Jose, Campbell, Saratoga, Los Gatos, Sunnyvale, Cupertino, Palo Alto, Menlo Park, Mountain View, Los Altos Hills and every point in between.

They get things done right and right away

★★★★★
5
Great services organization. They get things done right and right away, highly professional and no nonsense. I would highly recommend this firm for leasing or renting/selling a property.
- Eric Frazier
Overall rating: ★★★★★ 5 based on 1 reviews

CA RE Broker #01942886