Easing Into Easements

The laws of real property are an intricate web of law and theory dating back to feudal times. Our laws are closely linked to Ye Olde England and, with it, imagine thick accents, powdered wigs and terms such as “profit a prendre” and “lease.” One such interesting area of the real estate law and something we experience and, perhaps, use … Read More

Neighbors Gone Wild Over Spite Fence

Sure the neighbors can sometimes be annoying. They play Yanni through the outdoor speakers on the weekends. Where did they get that odd pink and yellow sculpture in the back yard? It could get your blood boiling. You might have even hurled a few strong words at the neighbor while taking out the trash (while the neighbor leaves his trash … Read More

Securing Your Security Deposit

Whether you are a California tenant or landlord, it is really important that you know and follow California laws governing security deposits. I get many questions about security deposits in my practice; it is one of the easiest ways to find yourself in a messy landlord-tenant dispute unless you follow some simple steps. Let Montez Law set the record straight … Read More

The Basics of the Implied Warranty of Habitability

Every residential lease agreement in California contains an implied warranty of habitability.[i] This means that the landlord has an obligation to “maintain the leased dwellings in a habitable condition throughout the term of the lease.”[ii] The implied warranty finds its roots in California Civil Code section 1941, which imposes additional statutory duties on a residential landlord to maintain the premises … Read More

Considerations for Landlords to Ban Smoking In San Diego Apartment Buildings

Effective January 1, 2012, California landlords may now ban smokers from renting apartments. But, the process of preventing smokers from renting or, more importantly, getting rid of existing smoking tenants is a sensitive one requiring lots of care to not violate the myriad rules governing landlord actions and lease amendments. The law, Senate Bill 332 (2011) passed with bipartisan support … Read More

Checklist for Buying California Property

When you buy your first home or investment property, much of your focus comes down to money – the mortgage, the interest, the down payment, and who is going to pay for what. However, you can’t lose sight of what you are doing when you are buying real property – you are buying things – roofs, walls, pipes, stoves, switches … Read More

What Type of Notice Do I Need to Give My California Landlord?

Tenants, you also might have just had enough of the dogs barking and babies crying and want to move elsewhere. Aside from what’s in your lease, you will generally be required under California law to give notice to the landlord. Here’s a rundown of what the general rules are (though you must consult an attorney for applicability of these rules … Read More