Goode | HemmeFindLaw IM Template2026-07-17T13:59:26Zhttps://www.sandiegoattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1600772/2020/06/cropped-fav-icon-32x32.pngOn Behalf of Goode | Hemme<![CDATA[Can a landlord keep a deposit to make repairs?]]>https://www.sandiegoattorney.com/?p=476552026-07-17T13:59:26Z2026-07-17T13:59:26ZWhen a tenant rents a residential apartment, they usually provide a security deposit. As a landlord, your initial goal for this deposit may simply be to protect yourself if the tenant fails to pay their rent. You already have a certain amount of money on file that you can keep if they do not meet the obligations laid out in the lease.
But what if the tenant does make all of their rent payments, but repairs are necessary after they move out when their lease expires? In that case, could you keep their security deposit to help cover the cost of these repairs?
Do they go beyond normal wear and tear?
As a general rule, landlords cannot keep a security deposit for things that are considered normal wear and tear. The damage has to go beyond that level in order to qualify.For instance, perhaps there are scratches on the baseboard from people moving furniture around. This is normal and expected in any residential space, so the deposit does not apply. But if the tenant recklessly tore the baseboards off the wall entirely and they need to be replaced, that goes beyond normal wear and tear.Another example could be a hole in the wall. If the tenant smashed a large hole through the drywall while moving a couch, you can likely keep the security deposit to pay for the repairs. But if there are just small holes in the wall where someone put in a nail to hang up a picture, that would be considered normal wear and tear.Naturally, landlords and tenants sometimes get into disputes regarding what is an expected level of wear and tear and when the security deposit can be retained. In these cases, it is important to know exactly what legal steps to take.
]]>On Behalf of Goode | Hemme<![CDATA[Landlord actions that may lead to harassment claims]]>https://www.sandiegoattorney.com/?p=476542026-07-06T14:41:06Z2026-07-06T14:41:06ZLandlords have the right to enforce lease terms and protect their property, but those rights have legal limits. Certain conduct intended to pressure a tenant into leaving a rental unit may expose a property owner to liability under California landlord/tenant law.
Understanding California Code, Civil Code § 1940.2 can help you avoid actions that may be viewed as unlawful landlord harassment.
Conduct that may qualify as landlord harassment
California Code, Civil Code § 1940.2 prohibits certain actions taken for the purpose of influencing a tenant to vacate a dwelling. For example, using force, making willful threats or engaging in intimidating conduct that interferes with a tenant's quiet enjoyment of the property may support a landlord harassment claim, even if the tenant never leaves the rental unit.The statute also addresses intentional violations of the rules governing a landlord's right of entry. Entering a rental property without complying with applicable legal requirements may create liability if done to pressure a tenant to move. In addition, threatening to disclose information about a tenant's immigration or citizenship status in an effort to force them out is specifically prohibited under California Code, Civil Code § 1940.2.Certain conduct prohibited by other criminal statutes, including extortion-related offenses, may also form the basis of a landlord harassment claim when used to influence a tenant to vacate.
What landlords can still do
California landlord/tenant law does not prevent you from enforcing a lease in good faith. Providing written or verbal warnings about lease violations, explaining rental rules or addressing legitimate concerns during the normal course of property management generally does not constitute landlord harassment.Likewise, California Code, Civil Code § 1940.2 does not eliminate your ability to terminate a tenancy when permitted by state or local law. The key distinction is that your actions should follow established legal procedures rather than using threats, intimidation or other prohibited conduct to pressure a tenant into leaving.Understanding your responsibilities before taking action can help prevent unnecessary disputes and reduce the risk of litigation. If you have questions about handling a difficult tenancy or complying with California landlord/tenant law, seeking legal guidance before proceeding may help protect your interests.]]>On Behalf of Goode | Hemme<![CDATA[Does an easement eventually expire under California law?]]>https://www.sandiegoattorney.com/?p=476532026-06-17T01:49:23Z2026-06-17T01:49:23ZEasements don't automatically expire
Nothing in California state code imposes a specific expiration date on valid easements. In some cases, easements can persist for decades and multiple generations of ownership.
Sometimes, property owners can assert that the party that holds the easement has effectively abandoned the easement by failing to use it for multiple years. Other times, the language of the easement itself may include an expiration date.
Barring one of those two scenarios, the easement may remain in place indefinitely. Real estate litigation may be necessary to remove an invalid easement. They could also potentially work with a business or neighbor to reach an arrangement that allows them to terminate the easement. Doing so could allow the owner to develop the property or may lead to an easier time maximizing the sale price for the property.
Property owners questioning their rights regarding an existing easement may benefit from reviewing deed and easement information with a real estate attorney. Although easements often do not expire on their own, the courts can remove abandoned or invalid easements from property records in qualifying circumstances.]]>On Behalf of Goode | Hemme<![CDATA[How to deal with a roommate who won’t leave]]>https://www.sandiegoattorney.com/?p=476522026-06-10T14:42:19Z2026-06-10T14:42:19ZA roommate who refuses to move out can create stress fast, especially when you share bills, space or a lease. Even if the person is not paying rent, they may still have certain housing rights under landlord/tenant law.
That means changing locks, removing belongings or forcing them out could cause legal trouble. The safer path is to understand their status, document the issue and use the proper notice process.
A careful exit plan starts with the paper trail
Before you act, slow down and gather the facts. A roommate may be a co-tenant, subtenant, guest or informal occupant. Each situation can require a different approach. Start with these steps:
Review the lease: Check whether the roommate is named on it. If they are, only the landlord may be able to remove them through the lease or court process.
Look at payment history: If they paid rent or helped with utilities, they may have stronger occupancy rights than a short-term guest.
Put requests in writing: Send a clear written message asking them to leave by a specific date. Keep the tone calm and factual.
Avoid self-help actions: Do not shut off utilities, block entry, remove property or threaten them. These actions can weaken your position.
Contact the landlord if needed: If the roommate is on the lease or is violating it, the landlord may need to issue a formal notice.
Follow local notice rules: Many states require written notice before any court filing can happen.
Taking these steps can help you address the situation more effectively while protecting your legal rights.A roommate dispute can feel personal, but it is still a housing issue. When the person will not leave voluntarily, it is vital to seek legal support to help you choose the right steps without creating a larger problem. ]]>On Behalf of Goode | Hemme<![CDATA[What should you include in an early lease termination clause?]]>https://www.sandiegoattorney.com/?p=476512026-06-10T08:00:34Z2026-06-10T08:00:34ZConditions for early lease cancellation
Tenants need to know what you consider valid reasons for early cancellation of their lease. This can cover cancellations before a tenant starts living in the property or while they’re occupying it.
Some conditions to consider are:
Inability to settle the deposit or advance payment before they move into the property
Valid property hazards documented through an accredited inspection
Necessity of change in residence, such as in cases of personal safety, job relocations, military deployment or overseas migration
Apart from laying these out, you should also include a list of accepted documents to prove the validity of their reason.
Notice requirements
When your tenants see the need to end their lease early, how should they communicate this with you? You can specify here conditions, such as:
Notice period: Many landlords choose a notice period of 30 to 60 days before the intended move out date.
Format: Notice for early cancellations should always be in writing and signed by both tenant and landlord.
Delivery: Is an email enough, or should they send their signed notice through certified mail?
As a rule of thumb, always require notices to be in writing and clearly state that your tenant will break their lease early and when they intend to move out. This protects both parties from lease disputes due to confusion and miscommunication from both ends.
Penalties and other financial consequences
An unexpected and early vacancy can be stressful since you would have less time putting the property up for rent and finding new tenants. You can still recover compensation for this by including reasonable penalties for early cancellation in the clause.
Typically, you can opt for an early cancellation fee equivalent to one or two months of rent. This can be collected as part of the tenant’s last rental payment or as an advance payment when they sign their lease.
Obligations post-lease cancellation
Tenants and landlords have residual responsibilities to fulfill once the cancellation takes effect. Renters should take all their personal belongings and leave the premises in good condition. Landlords have to schedule prompt inspections of the property and return the tenant’s deposit on time.
Further documentation is recommended but not required from your tenant to show the state of the property as they left it. They can send you a video of the bare property and reports of damages found within 24 hours of them moving out, if that helps both parties have peace of mind.
Protect your rights as a landlord
A well-written contract with clear clauses helps protect your property and your rights as a landlord. To ensure you’re covering all bases, having your contract reviewed by a legal expert is your best option. They can give you advice on which parts to revise and ensure your contract is solid.]]>On Behalf of Goode | Hemme<![CDATA[What happens when one side breaks a contract]]>https://www.sandiegoattorney.com/?p=476502026-05-28T09:40:32Z2026-05-28T09:40:32ZWhen agreements are made, both sides usually expect the other to follow through. Whether the contract involves a business deal, construction projects or a service agreement, people often rely on those promises when making important financial decisions.
When one side suddenly fails to meet its obligations, the situation can quickly become stressful. Missed deadlines, unpaid invoices or broken promises may create uncertainty and financial strain for everyone involved.
Understanding what happens after a contract is broken
A breach of contract happens when one party fails to act in good faith or does not fulfill their obligations under the contract. This could involve failing to complete work, refusing to pay or missing important deadlines. In some situations, the disagreement may involve confusion over the contract language itself or whether both sides fully understood the terms. There are several types of contract breaches. A material breach is a serious violation of the terms of a contract that significantly affects the agreement. A minor breach occurs when one party fails to perform a smaller or less essential part of the contract. Finally, an anticipatory breach happens when one party indicates through words or actions that it will not fulfill its contractual obligations before the performance is due.Not every broken agreement automatically leads to a lawsuit. Sometimes the issue is able to be resolved through communication, negotiation or mediation before legal action becomes necessary. However, when the breach causes financial harm or disrupts business operations, the injured party may decide to pursue a legal claim to recover losses.One of the most common legal remedies in a contract dispute is monetary damages. This means the court may order the breaching party to compensate the other side for financial losses caused by the violation. In certain situations, a court may also require a party to fulfill its contractual obligations through a remedy called specific performance. Other disputes may result in cancellation of the contract entirely, allowing both sides to move forward separately. The outcome often depends on the wording of the agreement, the seriousness of the breach and the damages involved.Contract disputes can become complicated quickly, especially when large financial interests or business relationships are at stake. Speaking with an experienced legal professional can help clarify your options and provide guidance on the best path forward for protecting your interests.]]>On Behalf of Goode | Hemme<![CDATA[Did a seller fail to disclose a recent death at a home?]]>https://www.sandiegoattorney.com/?p=476482026-05-16T03:42:26Z2026-05-16T03:40:21ZTiming influences disclosure obligations
If a death at the property was relatively recent, then the sellers typically need to inform potential buyers about it. However, there are restrictions on that disclosure requirement.
Once three years have passed since the date of death, property owners no longer need to disclose it to buyers interested in the property. Regardless of how notorious the death may have been due to criminal activity or other factors, after 36 months, sellers no longer have any obligation to inform others about what occurred there.
Those who discover violations of disclosure requirements may have grounds for a real estate lawsuit. Buyers may be able to hold them responsible for their deception -- especially if a seller knew information that could affect the resale value of the property. Reviewing disclosure documents as well as the information that has been discovered with an experienced attorney can help buyers understand their options.]]>On Behalf of Goode | Hemme<![CDATA[How to solve easements and boundary disputes]]>https://www.sandiegoattorney.com/?p=476472026-05-01T18:51:45Z2026-05-01T18:51:45ZProperty disputes can arise when neighbors are unsure about where one property ends and another begins. These issues often involve easements or unclear boundary lines.
Resolving these conflicts early is important to avoid long-term complications. With the right approach, many disputes can be handled without unnecessary stress or escalation.
Understand property boundaries clearly
The first step is to confirm the exact boundary lines of your property. These lines are typically defined through surveys, deeds and official records.Reviewing these documents also helps you understand your legal position. If records are unclear or outdated, obtaining a professional survey can provide accurate and reliable information.
Identify and review easement rights
Easements allow someone to use a portion of another person’s property for a specific purpose like access roads or utility lines.It is important to review any recorded easements tied to your property because understanding these rights can clarify whether a neighbor’s use of your land is permitted or disputed.
Communicate with your neighbor
Open communication is often the simplest way to resolve boundary disputes since many issues arise from misunderstandings rather than intentional actions.
Consider mediation or mutual agreements
If direct discussions do not resolve the issue, mediation can be a helpful next step. Engaging a neutral third party can guide both sides toward a fair agreement.Neighbors may also choose to formalize a boundary adjustment through a written agreement that ensures clarity and prevents future disagreements.
Explore formal resolution options
When informal methods fail, seeking justice using legal processes may be necessary. This can include actions to confirm property ownership or stop encroachment through local authorities or courts to review evidence and determine the correct boundaries.
Final thoughts
Easement and boundary disputes can be challenging, but they are often manageable with the right steps. Understanding your property rights and acting early can prevent further conflict.If the situation becomes complicated or unresolved, seeking professional legal guidance can help you navigate the process and protect your property interests effectively.]]>On Behalf of Goode | Hemme<![CDATA[Partnership disputes: what to do when things go wrong]]>https://www.sandiegoattorney.com/?p=476452026-04-11T17:54:28Z2026-04-11T17:54:28ZPartnerships can be a great way to build and grow a business. When they work well, partners complement each other’s strengths and weaknesses, and share the risks and rewards.
Still, it’s not unusual for disagreements to arise between partners. If they aren’t resolved quickly, they can disrupt operations and put the business at risk. Knowing how to respond to a partnership dispute can significantly affect the outcome.
Why do disputes happen?
Partnership disputes rarely appear out of thin air. Instead, they often develop gradually and quietly. A partner may feel they are contributing more time or resources than the other partner, or they may have different visions for the company’s future. Allegations of misconduct, such as misuse of company funds, can escalate a disagreement into a legal conflict.Addressing any dispute should start with a review of your partnership agreement (if you have one). This document often outlines how profits and losses are shared, how decisions are made and how to handle disputes. Some agreements require mediation or arbitration before pursuing litigation.If your partnership doesn’t have a written agreement, the regulations outlined in California’s Uniform Partnership Act of 1994 will apply. Unfortunately,the state’s default rules may not reflect your and your partner’s original intentions. This can make resolving disputes even more complicated.The best approach is to resolve the issue early through direct, honest communication. Setting aside time for a focused discussion of the problem can help clarify misunderstandings and identify possible solutions.If emotions are running high or direct communication is no longer effective, alternative dispute resolution (ADR) methods may be the next step. Mediation allows a neutral third party to facilitate the discussion so both parties can reach a mutually acceptable resolution. Arbitration is a more formal process where an arbitrator makes a decision.When a partnership dispute can’t be resolved informally, it may be necessary to pursue legal action. The guidance of a legal professional throughout the process is essential to avoiding mistakes and thoroughly understanding your options.]]>On Behalf of Goode | Hemme<![CDATA[3 errors that can cost business owners their liability protection]]>https://www.sandiegoattorney.com/?p=476442026-04-01T02:48:32Z2026-04-01T02:48:32Zlosing that protection entirely. Here are some of the missteps that can expose you to personal liability as a business owner.
1. Mixing personal and business finances
One of the most common mistakes is commingling funds. Using your business account for personal expenses or the other way around makes it harder to prove that your business is a separate legal entity. A court may decide that your business is just an extension of you, which can expose your personal assets to creditors or legal claims against the business.
To avoid this and preserve your liability protection, keep separate bank accounts, use dedicated credit cards for business expenses and properly document any money you transfer between yourself and the business.
2. Personally guaranteeing business debt
This one catches many business owners off guard. If you personally guarantee a loan, lease or line of credit, you agree to be personally liable. It doesn't matter what business structure you have. You’ll still be responsible for the debts you’ve personally signed onto.
3. Undercapitalizing your business
Not having enough money in your business to cover its debts, liabilities and operating expenses can expose you to personal liability. When a business appears unfunded, a judge may conclude that you’re using the entity to avoid responsibility for business obligations or dodge liability. Maintaining adequate capitalization demonstrates that your business is legitimate, able to meet its obligations and truly separate from you.
Protect your business the right way
Liability protection is powerful, but only if you maintain it properly. Small mistakes can have big consequences if they blur the line between you and your business. Reaching out for experienced legal guidance can help you maintain your liability shield so your assets stay safe from your business liability.]]>