An Orange County real estate litigation lawyer provides representation when a problem arises in any type of real estate transaction. This can include circumstances where parties have entered into a lease agreement and a dispute subsequently occurs. There are strict rules in California regarding the rights of renters and the rights and obligations of landlords. You need to understand how these rules can govern your real estate transactions, and Brown & Charbonneau, LLP can help.
At Brown & Charbonneau, LLP, our legal team works with clients to negotiate lease terms in order to reduce the chances that a problem will occur once the contract has been signed and the tenant has taken possession of the property.
Unfortunately, it is inevitable that problems will sometimes arise in a lease transaction. If you are a landlord or a tenant and you are involved in a dispute related to your lease, an Orange County real estate litigation lawyer at our firm can help you to resolve your issue through an out-of-court negotiation or through in-court settlement. Give us a call today to find out more.
What Happens if Something Goes Wrong with a Lease?
A lease is a legally binding contract that both parties are subject to and must abide by. If either party fails to fulfill the terms of the lease agreement, legal action could result from the failure. Many different types of problems could arise, including tenants not paying their rent as required or tenants failing to comply with rules related to their conduct and their safe maintenance of the property. For example, a lease may specify that a tenant is not to operate a prohibited business from the property. If a tenant begins engaging in prohibited commercial activity, the tenant is in violation of the lease.
When and if a problem arises, the party who is being wronged or damaged can pursue legal action. For example, if a lease specifies it is a landlord’s obligation to maintain a property and the landlord fails in completing basic maintenance tasks, the tenant could take action against the landlord. Tenants are not only protected by the terms of their lease, but also have additional protections made available to them under California’s landlord tenant laws.
A landlord can also pursue legal action against a tenant, including eviction proceedings to try to get the tenant removed from the property. It is important for landlords to understand the process by which they must take action when lease violations occur. Landlords cannot simply remove problem tenants from their property, but must go through an eviction proceeding as required by law. Landlords seeking to evict a tenant or otherwise seeking a remedy for a tenant’s breach of the lease will need to be prepared to prove that the tenant has violated the agreement.
When a landlord tenant dispute arises, often it is best to try to settle the problems outside of court to avoid costly legal fees. Brown & Charbonneau, LLP can provide assistance with the negotiation of an amicable resolution to help landlords and tenants resolve lease problems. If no agreement can be reached, however, litigation becomes necessary. While some cases are handled in small claims court, when larger sums of money are at stake – which is common for leases for commercial properties – it may be necessary for the dispute to be resolved in civil court.
Getting Help from an Orange County Real Estate Litigation Lawyer
An Orange County real estate litigation lawyer at Brown & Charbonneau, LLP will provide you with representation if a problem has developed in connection with your lease. Whether you are a landlord who wants to evict a problem tenant, collect back rent or respond to allegations made against you, we can help. We can also provide representation to tenants who want to assert their rights under California law.
To find out more about the different services that we can provide, give us a call at (866)237-8129 or contact us online. You can reach out at any time to get personalized help, whether you want assistance with negotiating a lease or responding to a problem that has occurred. Just give us a call as soon as you need legal help so we can put our knowledge and experience to work for you.
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