Gomez & Simone Los Angeles Attorney Blog

Life in California as a tenant may not be very pleasant at all times, especially if you have neighbors who are smokers and you are not. Second-hand smoking or passive smoking can be very dangerous and if you are facing this problem in your residential complex, you should address it sooner rather than later. Renters in major cities like Los Angeles can face such issues i.e. having to deal with noisy and heavy-smoking neighbors. The situation can get worse if you are suffering from asthma; have kids who should be kept in a safe environment, or simply hate the smell of cigarette smoke.

There are steps to stop your neighbor from smoking partially or completely. There are also laws in certain Californian cities that ban smoking in multi-unit buildings. However, most of the cities have no restrictions when it comes to smoking in a residential complex. You can also consult a landlord-tenant lawyer for the right guidance on second-hand smoke laws. No matter where you stay or what you do, you should take the steps discussed below to protect yourself from passive smoking:

Image Courtesy: Scope Blog – Stanford University

a) Verify Your Lease or Rent Agreement

Non-smoking laws are readily prevalent in the workplaces of California. Seeing this, an increasing number of property owners have started prohibiting smoking in their housing units and common community areas. In fact, landlords in California have the legal authority to ban or limit smoking in their rental houses. According to the law, prohibiting smoking within 25 feet of a children’s play area is a must.

Ideally, you should check the lease or rent contract thoroughly and look for the policies related to smoking. Since 2012, it is the duty of every landlord to include the smoking policy for their residential places in a lease or a rental agreement. If this policy is missing in the agreement, you should ask the unit owner to add it before you finalize the deal.

b) Look for Local Non-Smoking Laws

There are cities in California where smoking is not banned but restrictions are in place to curb this practice in certain multiple-unit complexes and public areas. You may be spared from second-hand smoke if you are staying in a public housing unit or university accommodation. Interestingly, many big counties like Los Angeles County and San Diego County have smoke-free policies for people staying in public lodgings.

The best thing to do would be visit the American Nonsmokers’ Rights Foundation and get some help and guidance to escape from the menace called second-hand smoke. University students can consider the Tobacco Free College Campus Initiative to check if their university is actually tobacco- or smoke-free.

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c) Contact the Property Owner

Once you find that the local law or your lease doesn’t allow smoking in rented homes, you should speak to your landlord to sort out the issue. You can also complain as a group if the other tenants in your apartment building are also facing the problem of second-hand smoking. Tell your home owner to go through the laws related to passive smoking as mentioned in your rental agreement and ask them to enforce it on the neighbor at fault to limit or stop their smoking altogether.

A written letter or an email to your landlord with details about the issue and the legal provisions for the same would be ideal. Don’t forget to keep copies of your written communication with your landlord. This will act as proof if you eventually decide to take legal action with the help of property lawyers in California. When you talk to your property owner, you should also ask them to provide a few solutions to problems like repairing faulty ventilation and filling window gaps.

d) Final Steps for Addressing Second-Hand Smoking

If finding a solution through your landlord is not possible and if second-hand smoking is affecting your health and personal life, you can think of vacating the property. Compromising with your health is not at all advisable; so, breaking the lease and moving to another residence will be a good solution. If the problem persists and the apartment owner does not heed your complaints, you can consider filing a lawsuit against them. In a legal case, you should clearly mention the reason why you are seeking a legal solution and how second-hand smoking has disrupted your life in your rented home.

Winning a lawsuit for second-hand smoking may not be easy if there are no laws to support you. You may also sue the other party for monetary damages like medical bills and laundry bills in the Small Claims Court of California. For such damages, you can claim up to $10,000 in this court. Legal steps are time-consuming as well as expensive; so, consult a real estate lawyer in Los Angeles before you decide to file a lawsuit. Legal actions can also hurt relationships; so, see if it is worth the trouble.

Recently, Jacob, a North Hollywood resident, came to know from his housing complex manager that his landlord is planning to increase the rent from $1,850 to $2,000 per month. This is not at all good news as the hike would be much more than the usual yearly ones. Initially, Jacob thought that the increase in rent might be because of any renovation or repair, but that is sadly not the case. The manager of the building opined that the upcoming election was the reason behind the increase.

According to various renter attorneys, Los Angeles landlords are increasing the rents before November because there will be a statewide ballot when voters decide on Proposition 10. This is an initiative, which would lift the restrictions on rent control in various cities of the state. This means that LA landlords may have to face rent control regulations in November.

According to Larry Gross, Director of the Coalition for Economic Survival, property owners are resorting to price hikes to pressurize residents into voting against the proposed measure. Some of the real estate websites have also listed apartments informing renters of an imminent rent increase in reply to the ballot initiative.

Image Courtesy: Realty World

Property managers are even informing about the rent increase to people staying in buildings that do not fall within the ambit of the rent control restrictions. They have cleverly added a clause in the letters sent to the tenants that rental prices would be revised and reduced if the ballot measure failed. Many experts believe that all these tactics of landlords and property managers are being employed just to intimidate or confuse the tenants who would be voting.

Vague assurances from apartment owners that rents would be slashed if the ballot measure failed may convince lodgers to vote for something, which does not favor their financial well-being in the long run. The sad part is it is a punishment that tenants have to bear for no fault of theirs. Without even knowing whether the measure will be passed, they would have to pay the toll, which is a big misfortune. This is not the first time when LA residents are seen facing a situation wherein they are on the losing side.

About Gomez & Simone

Gomez & Simone is home to experienced and reputed real estate law attorneys known for providing seamless solutions to clients. Their supremacy, strategies, and commitment are evident from the number of clients who approach us daily. Gomez & Simone has assisted numerous clients and businesses in recovering from financial losses and other such predicaments. Associating with them means your well-being will always be considered.

There can be a scenario wherein someone buys a dream home but soon realizes that there is a defect in the property, which was not disclosed by the seller. Such instances can make you feel cheated and disgusted. A leaking roof or a malfunctioning plumbing system can be examples of defects that you may notice after moving into a new residence. You may end up incurring plum bills to fix the issue. Now, it is important to understand that paying such bills is not your responsibility if the seller concealed the defects. You can also file a lawsuit to ensure fair compensation for the damages incurred.

Sellers Required To Make Written Disclosures Regarding Defects

According to California law, a seller must share true and real disclosures regarding their property with a buyer. Anything that may dissuade a buyer from making the purchase should be disclosed in writing at the very outset. These vital details about a property are commonly called “material” facts, and a property seller may have to face harsh penalties if any of these facts is not disclosed on time.

Defining Material Facts in California

The information about a housing facility’s walls, floors, insulation, roof, doors, windows, building foundation, sidewalks, boundary walls or fences, electrical systems, plumbing systems, and other structural elements comprises material facts. It basically means that any fact of the concerned property is a material fact and it can affect the value of the property or its desirability for a potential purchaser.

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Under California law, a seller must disclose the material facts by completing a “Transfer Disclosure Statement” form. Through this form, the current status or condition of a property is described accurately. Before you decide to sue your seller, you should minutely verify the TDS to see if a defect that is upsetting you now was actually disclosed by the buyer or not.

Proving the Seller Hid a Defect

Once you are sure that the seller kept a known defect secret, you have the right to sue them for deceitful misrepresentation. Proving the seller’s fault in concealing the defect would be easy if you have sufficient evidence. For instance, a leaking roof that was intentionally covered with paint can act as solid proof. Another evidence to prove the seller’s wrongful intent would be the property agent’s statement suggesting the seller had instructed them to conceal the defect from you and other buyers.

Speaking to neighbors and your agent will assist you in collecting various related facts. If you decide to file a lawsuit, a competent attorney would interview the relevant people and try to establish that the seller knew about the defect, but kept it secret.

Seller’s Responsibility toward Damages Because of Cover-Up

Instead of unveiling the truth, if the seller knowingly hid a defect, you can sue them for wrongful misrepresentation. When you file a lawsuit, you may be eligible for the following damages:

1. a) Compensatory Damages:The court may order the seller to compensate you for the expenses you incur because of the concealed defect. These can include repair costs and reduction in the value of the property as a result of the defect.
2. b) Punitive Damages:You would be able to avail punitive damages if you prove that the selling party acted with malice while hiding the defect. Punitive damages are meant to punish people for their wrongful acts and they can be awarded to you along with the compensatory damages.
3. c) Rescission:This is a rare case wherein the purchase contract is nullified or rescinded, your payment is fully refunded, and the seller gets their property back.

Remember that suing a seller is not the only option, and resolving issues informally too can help you save a lot of time and money. It is recommended that you call up a home warranty company to find out if a problematic item in the house is under warranty. Repairs can be done free of cost if the warranty is still on. Ideally, you should write a letter to the seller explaining in detail all the issues you are facing. You can demand payments for all the expenses required for repairing or changing the defective items. If all these actions aren’t fruitful, you can always approach an attorney for legal help.

The year 2008 witnessed the crash of the housing market, which rocked the economy of the United States. The current surge in real estate prices in the country is making people think that the real estate bubble would burst again. According to a survey, 58 percent Americans believe that there would be a major slowdown in the housing sector in the next couple of years.

It may sound weird, but there are also some people who are waiting for the bubble to burst so that they can buy properties at comparatively cheaper rates. A study by the UBS also suggests that even overvalued cities like San Francisco and Los Angeles are not in the grip of the bubble risk yet. Housing costs in these cities have soared uncontrollably, but the bubble risk has not reared its ugly head yet. It is to be noted that a bubble forms when the prices of properties exceed their intrinsic value because of increasing demand.

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Amongst the major US cities, San Francisco is believed to be the least unsafe. In the last six years, housing prices jumped by over 80%. Conversely, incomes have risen just about 20% in the previous decade. Los Angeles has also witnessed soaring housing prices in these 10 years, but the situation is not as bad as San Francisco’s. LA home prices haven’t reached their 2006 peak yet. Only inadequate housing is causing the hike in the process presently.

Whether there is a bubble or not, there are some experts who say that the housing market situation is still quite worrying. The increase in prices and interest rates is reducing the demand, which leads to low sales. In big US cities, affordability as well as availability of good lodging would continue to be major issues that may cause the bubble to pop in the future.

About Gomez & Simone

Gomez & Simone is home to experienced and reputed real estate law attorneys known for providing seamless solutions to clients. Their supremacy, strategies, and commitment are evident from the number of clients who approach us daily. Gomez & Simone has assisted numerous clients and businesses in recovering from financial losses and other such predicaments. Associating with them means your well-being will always be considered.

In a few years time, Fonda Theater on Hollywood Boulevard will have a tall company in the form of a 22-story structure. The building setup plan and design is out and the tower is supposed to be built at the site, which is a parking lot right now. The best part about this construction is it would have a total of 220 apartments, 11 of which would be moderately priced.

This news will certainly bring a ray of hope to those looking for an affordable accommodation. People working in Hollywood belong to various countries and they have been desperately searching for affordable homes for years.

Designed by HKS Architects, the building would comprise a four-story podium and 18 stories would be utilized for residential purpose. A full-fledged restaurant along with an outdoor dining area is planned to be built on the ground floor. A landscaped courtyard would offer pedestrians a lovely view along the Hollywood Boulevard facade.

Image Courtesy: HKS Architects

The residents of this new building would be able to park their vehicles in the two underground spaces. The construction is expected to commence in 2020 and should hopefully be completed by 2022. This is a major project planned for this Hollywood area to attract tourists and residents, and there are many other residential and commercial projects in the pipeline.

About Gomez & Simone

Gomez & Simone is home to experienced and reputed real estate law attorneys known for providing seamless solutions to clients. Their supremacy, strategies, and commitment are evident from the number of clients who approach us daily. Gomez & Simone has assisted numerous clients and businesses in recovering from financial losses and other such predicaments. Associating with them means your well-being will always be considered.