73 Questions Answered / 4 Recent Answers
December 31, 2024
A: Hello! My name is Dolan and I'm happy to answer questions for you.
If a tenant has received proper notice to cure a defect in the rental agreement, or is a holdover tenant, the law requires a CA landlord to go to court for the eviction (called an unlawful detainer).
The main steps in an eviction are:
The landlord must give notice (e.g., a 3-day notice to pay rent, or a 30-day notice to vacate);
If the defect is not “cured,” then the landlord must begin eviction proceedings by filling out form CM-010, form UD-100, form UD-101, and SUM 130 (the summons);
After filing (and serving) the document, the court will wait at least 5 days to schedule a hearing. If the tenant files a court form to give their side of the story, the landlord can ask for a trial date. If the tenant does not, the landlord can ask for a default judgment;
If there is a trial, a judge will hear both sides. After the judge decides, the judge issues an order the landlord can take to the sheriff to help effectuate the eviction.
More can be found at this link - https://selfhelp.courts.ca.gov/eviction-landlord
Best of luck!
December 31, 2024
A: Hello!
My name is Dolan and thank you so much for coming to the site.
So the contract itself is going to be the most important piece of protection. The law doesn't provide for specific protections for individuals or businesses entering into international agreements, but the contract itself, and its terms, are what you need to pay close attention to.
If you are selling goods, then there are some rules that help clarify what AI said earlier. The first is the Contracts for the International Sale of Goods (called the CISG). The CISG applies automatically if both parties to the contract are located in countries that have adopted the treaty unless the parties specifically agree to opt out of it. It covers many aspects of a sales contract, such as the obligations of the buyer and seller, delivery of goods, payment, breach of contract, and remedies for non-performance.
In other word, the CISG is kind of like a default set of rules for cross-border contracts unless you opt out of it, so knowing whether it helps or hurts your position is worth looking into. When it comes to intellectual property, be proactive. Just because you’ve got protections in the U.S. doesn’t mean they automatically apply abroad. Consider registering trademarks or patents in the country where your supplier is based to prevent them from using your intellectual property without permission.
So what do I recommend you do?
1. Put in the contract what state is going to be the state for lawsuits (e.g. California);
2. Put it in writing!
We can draft it up for you just let us know!
December 31, 2024
A: Hello!
My name is Dolan and thank you so much for coming to the site.
Once you’ve identified the lienholder (usually it's the county assessor), you’ll need to resolve the outstanding debt. Depending on the circumstances, this might mean paying off the unpaid taxes yourself if they were not cleared during the sale. If you’re paying the lien yourself, make sure to get documentation from the lienholder showing that the debt has been satisfied. Usually, this may just require going online to get a receipt or proof that the property has a zero balance.
What else you can get is a lien release or satisfaction of lien. The lienholder is responsible for filing the release with the county recorder’s office (these are often in the same agencies), but it’s always a good idea to follow up and make sure it’s actually recorded.
Let us know how else we can help!
Thanks!
December 31, 2024
A: Hello! My name is Dolan and welcome to ContractsCounsel.com!
So with a "gross lease," the landlord takes care of operating expenses like property taxes, insurance, and maintenance costs like you imagined here. This means the landlord is responsible for keeping the building in good shape, paying necessary taxes, and ensuring it's properly insured. They're also in charge of repairs and maintenance, handling issues like structural problems, plumbing, and electrical systems. If something major breaks, it's on them to fix it. Also, if there are shared spaces like lobbies or restrooms, the landlord manages cleaning and upkeep for these common areas.
What does this mean for you? This means your main job is to pay the agreed-upon rent on time. This fixed amount makes budgeting easier since you know what you're paying each month. It's often helpful especially in commercial leases because you only need to worry about paying the rent.
In most cases, tenants are responsible for their own utility bills, like electricity and water; it depends on the lease terms, so it's good to clarify this upfront.
We can review the terms for you!
Just let us know.
Thanks!