It’s finally happened. You’ve been evicted. What now? If you’re undergoing an eviction case for the first time, the process can become notably stressful because you aren’t sure what to do. Do you pack up all of your things as soon as possible? Will your water be shut off? Do you have to leave the building as soon as you see the eviction notice?

Fear often leads to incorrect conclusions regarding eviction. Be sure that you make yourself knowledgeable about your rights as a tenant before you panic and do something you may not necessarily need to do right away. Here are some common eviction myths busted for your benefit.

Myth #1: You need to move out as soon as possible
To be evicted, you must first be given a written Notice of Termination by your landlord. Whether or not you’ve been evicted with a cause, your landlord must give you a 60-day termination notice, or at least a 30-day notice. They cannot kick you out immediately. The one exception to this rule is the 7-day eviction notice, which can only be issued against you in the case of an extreme breach of the renter’s agreement.

Myth #2: My landlord can turn off my utilities at any time after the eviction notice
Your landlord cannot legally turn off your utilities before you have moved out. This is considered harassment and a landlord can be made to pay you compensation if taken to court.

Myth #3: I can’t challenge my eviction
If brought to court, a judge will hear your eviction case within twenty days of the trial request. But, if the tenant hasn’t been directly named during the case or in the initial complaint for eviction, the tenant has the ability to challenge the eviction during the case or even after judgment has already been made.

Myth #4: There’s nothing I can do if I’ve been evicted because of foreclosure
To evict a tenant in California who has lived on the property for more than a year, the new landlord of a previously foreclosed building must procure a 60-day vacation notice in the event of eviction. If the tenants have a monthly lease the new owner must begin the eviction process with a 90-day notice.

Additionally, tenants can file for a Request for Notice — obtained through a title company — at a local county recorder’s office. This will keep the tenant up to date during the foreclosure process of their building.

If you’re a tenant in California, according to California Courts, “eviction or rent control laws” are there to “prohibit new owners from using foreclosure as a reason for evicting tenants.”

In the likelihood of your eviction case being taken to court, consider hiring a professional California real estate lawyer such as those in DiJulio Law Group, for a smooth eviction process with less stress on your shoulders.

Real estate disputes can be extremely complicated, as any California real estate lawyer will tell you. That’s why working with a real estate lawyer who can help untangle some of these issues is an absolute must for just about any type of property dispute. Whether you’re buying or selling, a tenant or a landlord, consult with a lawyer before making any major decisions.

While some people might hope to resolve property disputes on their own, this is rarely a practical solution. That’s because real estate disputes are usually civil matters. Unlike criminal violations, which are handled by police officers, prosecutors, and judges, it can be difficult-bordering-on-impossible to resolve a civil dispute without legal representation. Here are a few of the most common real estate disputes you should look out for — and some advice for resolving them.

Issues With Real Estate Contracts
After you’ve entered into a purchase contract, the contract should include a specific closing date (or number of days before closing). Between four and ten weeks is the average, although it can vary from state to state. Of course, that also assumes the paperwork was filled out correctly.

Unfortunately, there are plenty of discrepancies that can cause problems before closing. Here in California, for example, the Statute of Frauds requires at least three types of contracts to be filled out in writing: disclosure of any leases older than one year, commission agreements and real estate licenses, and the actual sale contracts of the property. If there are any issues regarding any of those documents, the sale could be in jeopardy.

It’s essential that your real estate lawyer is with you during these contract discussions and always with you if you’re actually signing any legally binding document. If a contract mistake has put your desired closing date in jeopardy, talk to your real estate lawyers about rectifying the issue as quickly as possible.

The Value of Property Is Being Challenged
In real estate deals, it’s fairly common for the value of the property to be questioned. Of course, you need to make sure this valuation is being done in good faith, not simply as a negotiating tactic. Be sure that you and any other party involved with the sale have all the necessary records on hand during negotiations. Sadly, you usually can’t just ask for a lower price because you aren’t happy with the asking price. Remember: Any request to lower the value of a property must be completely backed up by evidence. No matter which side of the dispute you’re on, your real estate lawyer should help you identify any documents, records, or evidence you need to verify the value of the property.

Disagreements Between Tenants and Landlords
Problems between landlords and tenants are a fact of life, and tenant residency is a major aspect of real estate law. Most states have very clear laws about the various rights of tenants and landlords, but these rules can be difficult for many people to understand. Often, tenants are pressured into giving up their legal rights. If you have a landlord that’s ignoring your rights as a tenant, then contact a real estate lawyer as soon as possible. They can make sure you have all the paperwork necessary to build your case against your landlord.

While real estate disputes are rarely simple, they can be especially complicated here in California, a state with a rather unique legal system. Before making any decisions you might come to regret, contact a real estate law firm to better understand both your options and your rights.

In California, it takes roughly 40 days to close on a house. Although 40 days is a reasonable amount of time to close on a piece of property, real estate contracts can often be so complicated that the final sale takes much longer to complete. That’s why it’s so important to contact a real estate law firm in the event of a contracting dispute.

These real estate law cases can be extremely difficult and real estate law firms will provide you with an experienced attorney that can help you throughout the entire process. Here are a few real estate contract mistakes that are commonly made that can impact the closing date and the entire property sale.

Not Have Everything In Writing
Even if you have a thorough, detailed conversation going over every aspect of the contract and verbally agreeing with each person involved in the sale, nothing will hold up in court if it’s not in writing. This is the case for just about every single transaction in the United States: get it in writing. Don’t just write vague details pertaining to the agreement, either. You should write down as much as possible and spell out all the complicated intricacies involved in the real estate contract.

Not Including a Possession Agreement
Having a specific possession due on sale clause is extremely important for real estate contracts. Because the seller might be willing to sell the property but not be prepared to actually relocate within the allotted time frame, there could be serious issues that arise if both parties are expecting to live in the same house at the same time. To avoid these complicated problems, however, simply add a possession agreement to your contract. In addition, if you’re the buyer, you should consider insurance and liability aspects involved with the possession of the property as well so the seller can’t sue if any injuries occur while moving.

No Prior Discussions Between All Parties Involved
If you aren’t meeting beforehand with all real estate agents, buyers, and sellers who are involved in the contract, you could end up being surprised by a certain detail within the actual contract. Rather than having any major surprises come up during the contract singing process, be as transparent as possible with everyone involved in the sale so everyone feels heard and all the information is out there.

If you want to learn more about what contract mistakes you should avoid when dealing with property sales, contact a real estate law firm you can trust. Contact DiJulio Law Group toady.

Searching for a new home can be a long journey, and it’s no secret that coming to the end of that journey can be a time filled with excitement. But getting caught up in that excitement can make you forget to take the necessary precautions when you’re looking at the house you want to purchase.

If you’re really set on purchasing a home, you absolutely need to take measures to ensure it’s safe for you to move into. That’s where home inspections come in. Sometimes there is a failure to disclose defects in a home, and here are three crucial reasons you need to have an inspection performed before you buy your new home or sell your old one.

Saving Money in the Long Run
The initial cost of an inspection may seem a little bit steep, but it’s well worth it in the end. The cost will vary based on the size of the house, but between $300 and $500 is a good estimate. If these inspections aren’t done, issues with the house might crop up later and end up costing you thousands in repairs and in real estate law firm fees.

Selling a Home
Getting involved in a real estate dispute is the last thing you want when you’re selling your home. According to the National Association of Realtors, 77% of homebuyers will have an inspection performed before they make their purchase. In order to avoid any issues after beginning the selling process, a home inspection should be completed before your house ever goes on the market. This way, you can spend time remedying any issues that need to be immediately fixed for the next owners of your home.

Sound Knowledge of a Home
Having sound knowledge of a home before you purchase or sell it is absolutely essential. You could contact a real estate lawyer if you have any issues or if there was a failure to disclose defects, but a home inspection can solve all of those problems before they even become problems to begin with.

Whether you’re on the hunt for a new home or you’re planning to sell the one you own now, don’t ever underestimate the benefits of a home inspection.