What is a Mechanic’s Lien?

A Mechanics' Lien is a statutory remedy most often used by contractors and subcontractors.  Nearly anyone who contributes labor or materials to a real estate improvement project can use a mechanics lien as a mechanism to resolve issues with receiving payment.   What is a Mechanic’s Lien? Specifically, California law allows the use of a Mechanics' Lien to exact payment by placing a lien on the property.  The existence of the lien on the property inhibits the property owner’s...

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Residential vs. Commercial Leases

California law treats residential and commercial leases very differently. Generally, commercial tenants receive less legal protections than residential tenants. It is therefore critical for both landlords and tenants to be very familiar with the terms of a commercial lease, and not just assume that the same standard provisions are provided in each agreement. Residential Lease Agreement For starters, a residential lease agreement is a contract between a tenant and a landlord to use property for living. The agreement is usually...

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Landlord and Tenant Issues: Mandatory Disclosures

California law requires landlords to make certain mandatory disclosures to tenants, most of which are usually found in the lease or an addendum to the lease, and generally concern the health and safety of potential building inhabitants. It is important for both landlords and tenants to be aware of the mandatory disclosures. If a landlord does not make a required disclosure, or fails to disclose dangerous conditions on the property, the landlord can later be...

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Landlord and Tenant Disputes: Normal Wear and Tear

One of the most dreaded parts of renting a place to live is moving. Tenants generally bank on the fact that they will not see their security deposit again. This does not necessarily have to be the case, and tenants as well as landlords should stay informed about their rights to know how much of their deposit they are entitled to receive back from the tenant’s perspective, and how much can be held back...

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