One of the most bizarre real estate law cases in America is called adverse possession, but it is known conventionally as squatters rights. Each state takes a different approach to handling this odd legal quandary, and resolving the issue almost always requires the help of a real estate lawyer. If you believe you have the rights to a property, but someone has moved in without informing you or paying for the right to live there, you must contact your real estate attorney immediately.

Real estate has become a fairly litigious industry, which sometimes makes it difficult for the average person to deal with. The nature of real estate law cases is often complicated and deeply infused with legalese. If you find yourself in a confusing legal situation relating to real estate, you might benefit from contacting a real estate lawyer. Here are some common real estate law cases that you could face in the future.

1. Eviction Case
   If you’re behind on your payments and are at risk of being evicted, you should know your rights. Though it varies from state to state, the tenant has certain rights. For example, in California, if a tenant that has lived at the location for over one year, it is required that the landlord provide a minimum of 60 days notice to vacate the premises. Knowing this can potentially give you enough time to make good on payment requirements.

 

2. Foreclosure
   No one deserves to have their home foreclosed upon, but failure to make payments to your lender certainly gives them the right to repossess your property. This is because mortgages are secured loans. This means the house is collateral for failure to make payment. If you believe, however, that you were not given ample notice of an impending foreclosure, contact an attorney today.

 

3. Building Code Violation
   On the other side of things, you might be a rental property owner. Building codes are set forth by administrative government agencies to protect residents. If your tenants become aware of violations and report them, you could be subjected to lawsuits. To avoid this, regularly have your building inspected.

 

4. Adverse Possession
   Also known as ‘squatters rights’, adverse possession refers to any resident of property that doesn’t have legal documentation for their ownership of the property but has maintained residence for sufficient duration that the rightful owner no longer has legal claim to the property. The specific laws vary state to state, and it is best to discuss this with a lawyer.

There are many different real estate law cases due to the complex nature of property ownership. Since these laws are frequently obtuse and difficult to make sense of, it is important to talk to a lawyer with experience in these matters. If you need help with any of these cases, or another real estate law, contact us today.

There are many rules and regulations when it comes to real estate sales and building codes. For instance, in California, real estate agents must disclose any information about deaths on a property that have occurred within the last three years prior to a sale. The rules real estate agents must abide by are often fairly strict, but when you are in the property development industry, building code violations can be even more restrictive. This is because building codes are generally in place for the safety of homeowners and residents. So, what are some of the most common building code violations?

1. Smoke Alarms
   There are different requirements based on the location of your residency, but possibly the most common housing violation involves improperly placed or insufficient smoke alarms. Most places will require smoke detectors to be both hard wired and battery backed.

 

2. Ventilation
   Having bathroom ventilation that leads into the attic instead of outdoors can lead to moisture accumulation. Following that, mildew and mold can form, leaving the resident at a serious health risk. Properly ventilated homes are much cleaner and safer to reside in.

 

3. Handrails
   A seemingly simple device like a handrail might not be traditionally thought of as something that can have a code violation associated with it. The most common handrail violation is not having a ‘return’. This means the handrail doesn’t return to touch the wall but instead runs parallel from the top of the staircase to the bottom. Having a handrail return can protect against falls.

If you are the landlord of a building full of tenants, it is important that you regularly have your property inspected for code violations. If you don’t, it is possible to be found liable for damages or injury caused by a code violation. If you are being accused of code violations, contact a real estate law firm immediately. A real estate lawyer might be able to help you find a more amicable solution to code violation lawsuits. If you need assistance with making sure your building is up to code, talk to a real estate law firm about regulations specific to your area.

The importance of a lease agreement cannot be stressed enough and is there to protect both the renter and the landlord. In fact, leases are one of three contracts that California’s Statute of Frauds requires in writing. Approaching a lease agreement as a first-time tenant can be intimidating. It is best to know some of the common terms of these contracts, and what they mean to you.

1. Tenant List
   If you plan on living with another person and they are not your dependent, you must include them on the lease agreement. This makes both of you legally culpable for upholding the contents of the lease.
2. Cost
   In any lease, the cost of rent per month should be clearly noted and explained. The conditions in which the landlord can raise the rent, the conditions that would allow a tenant not to pay rent, and all additional pricing information should be fully detailed on the lease.
3. Term
   The duration the lease will last, the protocol for subletting, and consequences for early termination on either the tenant’s or landlord’s end must all be delineated.
4. Right To Entry
   A landlord has the right to enter your apartment if they’ve given you notice or in the case of an emergency. The laws vary based on location, so it is best to specify conditions both parties can agree upon.
5. Utilities
   Who pays for the utilities? If the landlord advertises the property as having gas and electric included, make sure this is reflected in the contract.
6. Maintenance
   Who takes care of what? Generally, any property damage or negligence that you caused will come out of your security deposit. On the other hand, any mechanical failures of the property are generally on your landlord to fix. Make sure a fair division of responsibility is reflected in the lease.
7. Security Deposit
   Many landlords simply pocket your security deposit and you’ll never see it again. To avoid this, take pictures before you move in and after you move out. In the lease, read the section about your security deposit to see what it covers, and what your landlord is allowed to use it for.

Lease agreements exist to protect the personal property rights of both the tenant and the landlord. In order to ensure you are signing a fair document, read it carefully. If you are still unsure, run it by a real estate attorney for further clarification. When in doubt, always consult a lawyer about property law cases you don’t fully understand.