Work With A Real Estate Lawyer Newport Beach, CA Residents Rely On
Those in of need legal assistance during real estate litigation can rely on the experienced real estate lawyers Newport Beach, CA trusts at Terry Mudge, LLP. An attorney that is familiar with real estate legalities can help confirm there is full disclosure about the property from the seller, catch red flags that may not be obvious to the buyer, and assist with completing paperwork. If you are currently facing a real estate dispute regarding a property, we recommend seeking the counsel of real estate lawyers serving Newport Beach, CA at our law firm right away.
Common Real Estate Disputes
In many cases, controversy over real estate can include disagreements between landlords and their tenants, foreclosures, zoning problems, joint ownership issues, construction matters and neighborhood disputes. It can greatly benefit your side of the dispute if you have legal representation during these delegations, not just during the process of buying or selling a property.
Real Estate Litigation Process
Each dispute is unique, so litigation may not be dealt with equally across all situations. Real estate litigation can be a quick process where a solution is found promptly. In other times, cases can be prolonged and extensive. If both parties can agree upon a resolution before attending litigation, that makes things move along much faster. If no resolution can be found, then real estate litigation begins through a plea, and followed by pre-trial meetings. Once the pre-trial stage has been settled, a trial then takes place where a judgement will be made in court to resolve the disagreement. If you are not satisfied with the judgment, your Newport Beach, CA real estate lawyer can file for an appeal. Once the judgment is final and can no longer be disputed, it is legally enforced.
Settling Disputes Outside of Court
Real estate conflicts can be resolved without having to start litigation. The parties involved do have the option to try negotiation and mediation. Common disputes can be about trespassing, noise complaints, property lines, contracts, and more. If the two parties are unable to resolve their conflict in mediation, then the process will move on to litigation. The knowledgeable real estate lawyers in Newport Beach, CA at Terry Mudge, LLP can assist in the drafting of a written agreement, if both parties were able to find a middle ground in mediation. After signing such a document, the terms must be followed and legally enforced.
Rental and Lease Agreements
When a tenant and landlord develop terms to rent or lease a property, the details of the terms may be formally described in a rental or lease contract. When these agreements are properly formulated, they may be legally binding. Should one of the parties fail to meet one or more stipulations within the contract, the other party may file a civil suit in order to compensate for the other’s failure to comply.
What May be Included in an Agreement?
Rules and regulations regarding what may be included in the lease will vary depending on the state. Real estate lawyers in Newport Beach, California should be familiar with the laws local to their practice. Real estate attorneys differ from real estate agents in a few aspects. A primary difference is that real estate attorneys are able to draft leases and rental agreements; whereas, real estate agents focus more on completing the legal documents.
Leases and rentals are slightly different from one another. In general, the term, “lease,” has annual connotations. Lease contracts usually require a 12 month commitment to make monthly payments. Rentals on the other hand, usually imply weekly or monthly commitments. In some states, after the end of the lease the agreement, the terms may automatically transfer to monthly unless a new lease is signed or the tenant vacates. Certain states may automatically renew the lease if the tenant does not vacate before the end of the term; whereas, other states may not accept payment after the end of the lease as grounds for automatic renewal.
Certain states will apply limitations to the amount that can be charged for a security deposit. For example, in Iowa, the security deposit may not exceed twice the monthly rent. In other states, there may be no regulations regarding allowed security deposit amounts.
Rental laws may also place boundaries on provisions. A provision simply being written in the lease does not inherently make it enforceable or legal. A landlord may provide themselves with authority to enter the rental property at any time of their choosing, however, this may be not be enforceable.
Landlord Legal Mistakes to Avoid
Real estate lawyers at TERRY MUDGE, LLP in Newport Beach, California understand that investing in property and then renting it out to tenants can be very lucrative. However, being a landlord is a big responsibility. You have to treat your tenants with respect and ensure that their apartments are clean and safe. Many people do not know what they are getting themselves into when they become landlords and find themselves in legal hot water. Here are some landlord legal mistakes to avoid:
Asking Discriminatory Questions
Experienced real estate lawyers in Newport Beach, CA can tell you that it is illegal to refuse to rent to a person based on his or her race, ethnicity, gender, religion and sexual orientation. That’s why you should avoid asking questions that appear discriminatory in the application.
Failing to Make Repairs
As a landlord, you have the responsibility make repairs to your property as needed. If your tenant calls you and tells you that his or her heat is not working, it’s your duty to fix the issue as soon as possible. If you ignore your tenant’s request and take too long to repair a problem, you could face a lawsuit and require the assistance of real estate lawyers for Newport Beach, CA.
Keeping Security Deposits
Most landlords require tenants to pay a security deposit before moving into an apartment. This deposit is used to cover any damage that a tenant causes to an apartment. However, if the tenant leaves the place spotless and unharmed after moving out, you must return his or her deposit. Refusal to do so can result in a lawsuit, which even the best real estate lawyers in Newport Beach, CA may encourage you avoid.
Ignoring a Tenant’s Right to Privacy
All tenants are entitled to their privacy. Landlords should give tenants at least a 24-hour notice before entering their apartment. If you show up to your tenant’s apartment unannounced and there is no emergency, he or she may have the right to sue you. You may need the help of TERRY MUDGE, LLP.
Not Providing a Safe Environment
Landlords have a duty to keep their tenants safe from dangerous conditions on the property and criminal activity. If they fail to do this, lawsuits can come about. For example, if a landlord fails to fix a defective security system in an apartment building and a criminal breaks in and hurts the tenants, the landlord could be held liable.
Not Following Eviction Rules
Landlords have the right to evict tenants who do not pay their rent, damage the property or violate a provision in the rental contract. However, they must go through the proper channels. Most states require landlords to give their tenants a termination lawsuit before filing an eviction. If you try to throw out a tenant without a court order, and Newport Beach, CA real estate lawyers, there may be legal ramifications.
Failing to Disclose Important Information to Tenants
It’s required in most states for landlords to disclose certain information to prospective tenants, including a notice of mold on the property, notice of sex offenders that live in the area and whether the rental property has lead-based paint. Failure to do this can lead to lawsuits.
Mistakes like these can hurt your profits, so it’s important to take your obligations to your tenants seriously. If you have anymore legal questions about your property, you should talk to the experienced real estate lawyers at TERRY MUDGE, LLP in Newport Beach, California today!
Contact a Real Estate Lawyer in Newport Beach, CA
If you have questions regarding your lease, contact a Newport Beach, CA real estate lawyer familiar with laws applicable to your state. The real estate attorney may negotiate on your behalf to add or remove provisions to the lease or rental agreement. If you believe terms of your lease were violated, discuss the scenario with your Newport Beach, CA real estate lawyer. Should your attorney believe you have sufficient evidence displaying the landlord or tenant’s failure to comply, you may be able to proceed with a civil suit to receive compensation.
Any person who anticipates having to go through real estate litigation should consult with an attorney that is experienced in dealing with these kinds of disputes. At Terry Mudge, LLP, we can fight for your needs whether you are a tenant, owner, buyer or renter.
Our team of legal professionals at Terry Mudge, LLP have been dedicated to helping our clients resolve real estate matters. We have been representing clients for many years. You can turn to our knowledge and strategy during your real estate litigation proceedings. We understand that the world of real estate can be complicated and confusing. We take pride in being able to support our clients who are not sure what to do next. For further questions or a consultation with real estate lawyers Newport Beach, CA residents rely on, please reach out to Terry Mudge, LLP today!