How Long Does a Landlord Have to Fix a Plumbing Problem?

Real Estate Laws

Landlord must meet building and health codes

In California, your landlord must meet state and local building and health codes. See http://www.dca.ca.gov .

Major Plumbing Issues

Your rental unit likely will be considered uninhabitable if it has inadequate sanitation, if the plumbing facilities are not in good working order, if you do not have hot and cold running water or if your system is not properly connected to a sewage disposal system. Your landlord must supply a working toilet, wash basin, and bathtub or shower.

Minor Plumbing Issues

A dripping faucet does not make your unit uninhabitable. Before you contact your landlord, read your lease or rental agreement as some agreements make the tenant responsible for minor repairs. Your landlord is not responsible for repairing damage that you or your guests have caused. You have no right to ask the landlord to carry out statutory repairs if you are not current on the rent.

Notify Your Landlord

Your landlord is not obliged to fix the defect unless he knows about it. Notify your landlord in writing, and preferably by certified mail, that he has a duty to fix the plumbing problem under landlord-tenant law.

Time to Complete Repairs

The law usually considers 30 days to be a reasonable period of time, but a shorter period may be appropriate in some circumstances. If your pipes have burst, spilling water into the unit, a day or two may be reasonable, assuming that the landlord can employ a qualified repair person within that time period.

Can I Complete the Repairs myself?

If your landlord does not make the repairs in a reasonable time, you may pay for the repair yourself and deduct the cost from your rent. Alternatively, you may withhold a capped portion of the rent until the landlord makes the unit habitable. In certain cases, you may move out and abandon the lease so that you have no further liability for the rent. These remedies apply only in the most serious cases affecting the unit’s habitability. The landlord can file a countersuit if you get it wrong so it’s worth consulting an attorney before you take self-help action.

DiJulio Law Group
https://www.dijuliolawgroup.com

What Is a Building Code?

Real Estate Laws , , , , , , ,

A Building Code is a set of standards

Building code is the set of standards your local government imposes on construction. Before issuing a “certificate of occupancy” pronouncing a building as fit to inhabit, the government’s building department inspects the house to make sure it complies with the code. If the building comes up short of the code standards, the problems will have to be fixed before the certificate is issued.

Building Code History

Construction laws date back to ancient Babylon, but those rules emphasized penalties for faulty construction, according to the Alameda, California, city website. In the 19th century, cities began drawing up codes that set requirements for new construction and hiring inspectors to make sure the codes were met. The first building code in California was the 1909 State Tenement Housing Act.

Building Code Features

One of the first American building codes, New York’s Tenement Housing Act of 1867, required fire escapes on every building and a window in every room, Alameda says in its history of building codes. Later guidelines required interior toilets and windows that face outside, not just a hallway. Modern building codes go into far more detail, covering construction materials, window sizes, the placement of electrical outlets, building height and the space required between one building and its neighbor.

Building Code Uniformity

Although local governments pass their own building codes, they don’t have to do it from scratch. Organizations such as the International Code Council work to draw up “model” codes incorporating what have been found to be the best rules. State groups such as California’s Building Standards Commission then adopt model codes as the state standard, the BSC states, giving cities and counties a basis for their own rules.

Building Code Considerations

The use of model building codes doesn’t mean rules are the same everywhere. California, for example, imposes rules for earthquake-resistant construction that aren’t needed in other parts of the country. Likewise, Florida’s building codes set standards for coastal buildings to resist hurricane-force winds, a set of guidelines that aren’t necessary in Nebraska or Iowa.

Building Code Procedure

It may take several inspections at different stages of construction to ensure that your building meets local codes. San Francisco’s building department, for instance, states that it inspects construction at multiple points, including when reinforcing steel is in place, rough framing is up, insulation is installed and sheetrock is in place. The same applies to inspections to approve the electrical and plumbing systems.

DiJulio Law Group
https://www.dijuliolawgroup.com

How to deal with Zoning Conflict

Real Estate Laws , , , , , , , , ,

Dealing with different types of Zoning

No matter where you live, sooner or later a question about property lines si going to come up. Who’s right and who’s wrong? This land is mine and so on. There are several ways to handle these arguments but first you must know about the Zoning Ordinances, Zoning regulations, and the desired property use.

First we’ll start with Nonconforming Use. This is when there is a conflict between existing property use and new zoning laws. There are two ways that a use may be nonconforming, the first is when the nature or a characteristic of a building doesn’t meet zoning laws. The second is the activity going on in the building does not conform to the law.

An example would be if you were using a factory in a residential area. The nonconforming use can be limited by time. After that specific time is up the property must be converted to conforming use or sometimes destroyed.

Another variation of Zoning is Conditional Use. Conditional Use  is when use is allowed by a zoning law, but is subject to certain conditions. For example, a rural/residential are might allow a professional office in the zone if they offer off street parking.

Quite often it  requires an approval and confirmation of a conditional use by the zoning laws. The owner would need to follow the application and the approval process with a zoning board and/or the officials.

Variances is another form of common conflict with Zoning. Variances is when a special use permit is an exception to zoning ordinance requirements. Usually you must show some kind of hardship to justify the variance.  Such as when an odd shaped lot messes with the requirements and you can not meet the requirements when building a home.

Spot Zoning  is when the local land use plans and zoning ordinances contain restrictions on land uses in specific areas outlined in the plan or ordinance. After the local government decides on a zoning plan then the property owners can seek exceptions to the requirements.  The owner can either amend the plan or the ordinance or apply for a variance or special use permit.

Every property is different and you may have several options when it comes to finding a solution for your zoning problem. A zoning  or land use lawyer can help you find a solution for your zoning problems.

DiJulio Law Group
https://www.dijuliolawgroup.com

Securing Your Residence: a Rental Agreement

Real Estate Laws, Residential , , , , , , ,

Start your landlord-tenant relationship on a firm footing with a rental agreement

In order to start your landlord-tenant relationship on a firm footing and secure your desired residence, you should have a rental agreement signed by both parties. A rental agreement is basically a contract between a tenant and landlord that governs the terms of use and possession of rental property. Upon finding a suitable location you may want to enter into a long-term rental arrangement that could last 12 months or more. However, you may desire a written rental agreement that is shorter, maybe lasting for a period of 30 days and includes an automatic renewal at the end of the 30 day period. Given the many possible forms of rental agreements, there are many reasons why you may want to consult a qualified attorney.

There are many details to keep track of when you’re renting property and the laws governing rental agreements can vary widely by locality. A correctly worded rental agreement will organize all aspects of your lease arrangement in one document. It will clarify your obligations and protect all your rights.

Before You Sign, Have a Lawyer Review the Rental Agreement

Before you sign a lease or rental agreement, you may want to have a lawyer review it to ensure all the standard clauses and mandatory disclosures are present and properly worded so as not to unlawfully abridge your rights as a tenant. Also, if any disputes arise over a rental agreement, your attorney can help you recover damages in a court of law.

Security deposits frequently cause disputes between landlords and tenants. An attorney can explain the legal requirements regarding security deposits and if any interest owed on a security deposit is to be refunded to the tenant. An attorney can also determine if any interest and/or deposit can be applied to repairs, cleaning fees and back rent owed.

DiJulio Law Group
https://www.dijuliolawgroup.com

What is Eminent Domain?

Easements, Real Estate Laws, Residential , , , ,

Eminent Domain is the power to legally take your property

Eminent Domain is the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be seized. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process.

Elements of Eminent Domain

To exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be seized (3) for public use (4) and with just compensation. These elements have been interpreted broadly.

Private Property The first element requires that the property taken be private. Private property includes land as well as fixtures, leases, options, stocks, and other items.

Seized The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value. Property value may be reduced because of noise, accessibility problems, or other agents

Public Use The third element, public use, requires that the property taken be used to benefit the public rather than specific individuals.

Just Compensation The fourth element set forth in the Fifth Amendment mandates that the amount of compensation awarded when property is seized or damaged through condemnation must be fair to the public as well as to the property owner. Because no precise formula for determining it exists, just compensation is the subject of frequent litigation.

What should I do if I am the subject of Eminent Domain

You should get experienced legal help immediately. The condemning agencies retain experienced eminent domain professionals, and you should too. Know and protect your rights. The government must pay the highest price paid by knowledgeable buyers on the open market.In most situations you should pay attorney’s fees only if you recover more than the government’s offer.

DiJulio Law Group
https://www.dijuliolawgroup.com

1 … 13 14 15 16 17 … 25
Copyright © 2020 | Maintained by Advantage Media Partners. All rights reserved.
MENU