Landlord's Legal Guide in California

Landlord's Legal Guide in California

by John Talamo, Mark Warda


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Landlord's Legal Guide in California by John Talamo, Mark Warda

According to California law, the procedures governing landlords must be followed or you could be held liable to tenants for thousands of dollars in damages and attorney's fees. The Landlord's Legal Guide in California clarifies the landlord/tenant laws in plain English so you can protect your rights as well as your investment. This book details how to confront difficult situations and deal with them in a professional manner. You will be provided with insight into the tenancy process along with forms, flowcharts and examples from actual cases to answer any questions that you may have about protecting your rights as a landlord.

Product Details

ISBN-13: 9781572483972
Publisher: Sourcebooks
Publication date: 04/01/2004
Series: Sphinx Legal Series
Edition description: Subsequent
Pages: 304
Product dimensions: 7.98(w) x 11.22(h) x 0.54(d)

About the Author

Mark Warda received his BA in Political Science from the University of Illinois in Chicago and his JD from the University of Illinois in Champaign. He has studied at the University of Oxford, England and in Barcelona and Cologne.

He has been a lawyer for over 25 years and has written or coauthored more than seventy self-help legal guides. He has recently returned to actively practicing law full time in addition to continuing to write from his Florida home.

John J. Talamo has a long and distinguished career as an attorney in Orange County, California. He graduated from the University of Notre Dame and received his law degree from the Detroit College of Law at Michigan State University.
In addition to advising clients on all matters relating to buying, selling, owning, and renting property, Mr. Talamo has written or coauthored several book on topics relating to real estate and business. Collectively, his books have sold over two million copies

Table of Contents

Using Self-Help Law BooksVII
Chapter 1Laws that Govern Rental Property1
California Landlord/Tenant Laws
Other California Laws
Local Laws and Regulations
Federal Laws and Regulations
Doing Further Research
Conflicting Laws
Fictitious Names
Rent Control
Other Laws
Chapter 2Creating the Landlord/Tenant Relationship13
Screening Prospective Tenants
Agreements to Lease
Rental Agreements and Leases
Problem Clauses
Backing Out of a Lease
Chapter 3Handling Security Deposits37
Interest and Bank Account
Keeping the Deposit
Selling or Buying a Property
Chapter 4Responsibility for Maintenance43
Landlord's Duties
Waiver of Landlord's Duties
Tenant's Duties
Tenant's Remedies
Chapter 5Landlord's Liabilities49
General Rules of Landlord Liability
Crimes against Tenants
Crimes by Tenants against Nontenants
Protection from Liability
Proposition 65
Chapter 6Changing the Terms of the Tenancy57
Assignment or Sublease by Tenant
Sale of Property by Landlord
Raising the Rent
Modifying the Lease
Chapter 7Problems During the Tenancy63
Landlord's Access to the Premises
Violations by the Tenant
Violations by the Landlord
Destruction of the Premises
Chapter 8Problems at the End of the Tenancy69
Tenant Holding Over
Damage to Premises
Property Abandoned by Tenant
Chapter 9Terminating a Tenancy73
Tenancies with No Specific Term
Expiration of Rental or Lease Term
Early Termination by Tenant
Early Termination by Landlord
Special Rules for Public Housing
Death of a Tenant
Options to Cancel
Chapter 10Evicting a Tenant83
Self-Help by Landlord
Settling with the Tenant
Grounds for Eviction
Terminating the Tenancy
Using an Attorney
The Person Who Sues
Court Procedures
Tenant's Appeal
Tenant's Bankruptcy
Landlord's Appeal
Satisfaction of Judgment
Chapter 11Money Damages and Back Rent99
Making a Claim
Collecting Your Judgment
Chapter 12Self-Service Storage Space103
Rental Agreement
Termination for Unpaid Rent
Chapter 13Mobile Home Parks107
Rent Control
Chapter 14New and Changing Laws111
Appendix ACalifornia Statutes123
Appendix BEviction Flowcharts and Legal Holidays155
Appendix CThe California Association of Realtors (CAR) Sample Filled-In Forms159
Appendix DSample Filled-In Forms181
Appendix EBlank Forms211

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