Law Offices of Edward C. Ip and Associates

California Senate Bill 9 (The California H.O.M.E. Act): Opportunities for Homeowners and Renters The California H.O.M.E. Act (Senate Bill 9), effective beginning 2022, allows homeowners to be able to add another unit on existing parcels/lots, in a bid to address the current housing crisis by creating more affordable housing for renters. The policy driving the bill is intended to prevent low-income families from being priced out of the rapidly increasing market, creating a m...utually beneficial situation for both the homeowner and the renter by generating greater housing affordability and intergenerational wealth production. S.B. 9 adheres to pre-existing zoning laws, making minor but necessary modifications to expand a homeowner’s ability to add an additional unit, or split their lots into 2 separate dwelling parcels under certain conditions. Additional restrictions and guidelines include the following: -Rent must be made affordable to moderate to very low income families -Demolition of existing structures and walls cannot exceed 25% -Homeowners MUST live in one of the units -Lots meeting certain criteria can be split into two parcels, allowing for 2 single-family units each, for a total of 4 units There are still concerns surrounding the mortgage lending implications of the bill, such as in the case of a possible lot split where both lots would still be under the same mortgage. Additionally, there are still many questions regarding the process of approval for future reconstruction plans and compliance with the new bill. If you are interested in learning more about The California H.O.M.E. Act or require assistance with reviewing construction contracts, please contact The Law Offices of Edward C. Ip & Associates, APC at (626) 228-0638. #SB9 #homeowners #california #housingcrisis **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**

Disgorgement Generally, for construction law and disputes, disgorgement is a remedy enforced by the court for a homeowner to recover damages from a contractor who engages in unlicensed contracting. The Contractors State License Board (CSLB) is the government entity that oversees and enforces conformity with Contractors state licensing laws. Due to additional costs associated with obtaining and maintaining a license, contractors sometimes cut corners in violation of the law, ...rendering their license status invalid or revoked. As such, a homeowner’s remedy for engaging in unlicensed practice or contracting is to seek disgorgement, which is recovery of all monies paid to the unlicensed contractor. The contractor’s state licensing website can be accessed by anyone to verify if a contractor is properly licensed and to determine if there have been any past violations. The CSLB can help the homeowner determine if your potential contractor has the following relevant qualifications: -Business Information -License Status -Workers’ Compensation -Personnel List -Bond History While the responsibilities of proper licensing is left to the contractors, owners are strongly encouraged to do their own due diligence in order to avoid the possibility of a disgorgement from occurring, which often results in long-term litigation. However, if you or anyone you know has an issue with a contractor, please don’t hesitate to contact The Law Offices of Edward C. Ip & Associates, APC at (626) 228-0638 where our attorneys are experienced in dealing with such legal matters. #contractor #OWNER #construction #Disgorgement #disgorgement **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**

UPDATE: Baldwin Park Rent Cap Increase (3% to 5%) Under AB 1482, formally known as the California Tenant Protection Act of 2019, statewide law regulates annual rent increases to no more than 5%, including the local CPI (consumer price index) or 10%, whichever is lower. However, local ordinances take precedence, and recently the City of Baldwin Park has decided to increase the rent cap from 3% to 5%. While AB1482 has clarified the state’s position on the matter, loc...al ordinances previously restricted rental increases to 3%. The newly adopted proposal was originally submitted by The California Apartment Association, an advocacy group for rental owners, pushing to ensure a means for owners to recuperate losses from the difficult COVD-19 year. Under this new ordinance, the local cap on rent increases matches statewide law, bringing Baldwin Park rental property owners some financial reassurance. If you or anyone you know needs help redrafting your lease accordingly or evicting a tenant, don’t hesitate to call The Law Offices of Edward C. Ip & Associates today at (626) 228-0638 for a FREE first consultation with one of our experienced attorneys!

REVIEW OF LEASE The lease agreement is the one of the most important aspects of rental business, setting clearly from the onset the clauses and restrictions both parties must adhere to once signed. As a landlord, there are certain preventative measures you can take to ensure the profitability of your venture, rather than assuming a potential liability. When drafting your lease agreement, providing a cap on attorney fees clause can be useful in the future should you reach a ...point where litigation becomes necessary. We all know attorney fees can be expensive, so taking early action is the most effective way to protect yourself from taking on more risk during the legal process. Knowing this piece of information can be extremely helpful in your journey to making the most of your investment. Employing the aid of legal experts is vital to ensuring your lease agreement is favorable to your own interests. The Law Offices of Edward C. Ip & Associates, APC, are experienced attorneys with extensive experience in reviewing lease agreements! Don’t hesitate to call now at (626) 228-0638 and schedule an appointment for a FREE first consultation! #attorney #attorneys #california #sangabrielvalley #elmonte #landlords **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**

New California Homestead Exemption (2021) As of January 1, 2021, the California State Legislature passed Assembly Bill No. 1885, readjusting the homestead exemption amount from $75,000-$175,000 to $300,000-$600,000. Additionally, the applicable amount for the homestead exemption is dependent on the median sale price in a particular property’s county and is capped at $600,000. What exactly is a homestead exemption and how does this legislation affect you? If you’re a homeowne...r, a homestead exemption protects your home equity from creditors up to a certain amount. With this newly enacted law, the protected amount of home equity increases significantly, protecting a greater percentage of likely your most expensive asset from creditors should you come into financial distress. There are two types of Homestead Exemptions: Automatic Homestead: A home’s equity will be automatically protected from creditors in the case of a forced sale of property. Currently the California homestead exemption is applied automatically. Declared Homestead: A homeowner must first file a legal declaration of homestead with the county clerk. Should the homestead be granted, the homeowner’s equity in the property will be protected regardless of the sale being forced or voluntary. This option may be useful for those looking to ensure protection of their home equity against creditors. For further information and legal advice, don’t hesitate to contact the Law Offices of Edward C. Ip & Associates, APC by calling (626) 228-0638! #homeequity #sangabrielvalley #california **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**

Happy Thanksgiving! The Law Offices of Edward C. Ip & Associates, APC thanks you for trusting our firm with your legal needs!

What is a Boundary Line Dispute? Boundary line disputes often occur when neighboring property owners disagree on the extent of land they own, and whether or not one neighbor is encroaching on the other’s property. However, there are many other circumstances that can lead to a boundary dispute, such as: -Driveway Encroachment: one’s driveway takes up some amount of land from the neighbor’s property. The latter then proceeds to attempt to reclaim this space. ... -Fence Border Dispute: an owner attempts to place a fence as the marker for the boundary, but the neighboring owner finds issue with the exact placement of the fence. -Inaccurate Legal Descriptions: both neighboring property owners possess deeds to their properties with conflicting legal descriptions of the parcels in question. So, what can you do to remedy a boundary line dispute? Typically, the first step is to obtain a survey of the property with a licensed surveyor. Depending on what the surveyor’s boundary analysis reveals, these issues can become very complex, and it may be necessary to acquire legal assistance from a knowledgeable real estate attorney. Luckily, The Law Offices of Edward Ip & Associates has many experienced attorneys who have dealt with a number of boundary line disputes! If you need help resolving your boundary line dispute, don’t hesitate to call us at (626) 228-0638! #boundaryline #realestate #california #propertyowner #sangabrielvalley **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**

Know the Differences Between a Grant Deed and Quitclaim Deed Oftentimes, clients coming in for their first consultation at the Law Offices of Edward Ip & Associates are unclear as to the differences between a Grant Deed and a Quitclaim Deed. The fundamental difference is that a Grant Deed ensures the grantor has a legal interest in the property, while a Quitclaim Deed releases only the potential interest one might have in a property without any warranties. Simply put, Grant ...Deeds ensure that the true owner of a certain property or title has the legal right to convey their interest in the property, while a Quitclaim Deed does not have any such warranties or assurances. Quitclaim Deeds are commonly used in real property transactions involving family members or trusts. Grant Deeds are commonly used in arms-length real estate transactions that are typically completed through brokers and attorneys. The process of choosing which type of deed to use can be complicated and require the legal expertise of qualified attorneys. Our attorneys are uniquely qualified to handle such matters, possessing both licenses in law and in real estate. If you, or anyone you know, require our assistance, don’t hesitate to contact the Law Offices of Edward Ip & Associates, APC at (626) 228-0638! #grantdeed #quitclaimdeed #propertyowner #property **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**

READY TO EVICT A TENANT? WHICH NOTICE IS REQUIRED? Our legal experts can help you determine which Notice is required. Each Notice has its own requirements* as follows:... 1) 15-Day Notice to Pay Rent or Quit (COVID-19) a) The rental debt was accrued between March 1, 2020 and September 30, 2021 b) You must also fill out a blank COVID-19 Related Financial Distress Declaration 2) 30-Day and 60-Day Notice to Pay or Quit a) Must be a month-to-month tenancy b) 30-Day Notice if the tenant has lived there less than 12 months c) 60-Day Notice if the tenant occupied the subject property for more than 1 year 3) 3-Day Notice to Perform Covenants or Quit a) Used if tenant violated the lease but the problem can be fixed b) Examples include having a pet without permission or not keeping the unit clean 4) 3-Day Notice to Quit a) If the covenants are not performed, then the landlord is within their rights to issue this notice b) *Each Notice has its own requirements, including but are not limited to the summarized. If you have any questions or need to begin your eviction process, call us at (626) 228-0638! #eviction #evictions #evictionnotice #california #losangeles #landlords **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.**

Can you evict a commercial tenant under the current eviction moratorium? While many statewide measures have largely excluded commercial tenant protections, Los Angeles County does maintain certain protections for commercial tenants against eviction through January 2022. Commercial tenants are afforded protection from evictions for the following: ... 1) Nonpayment of rent due to COVID-19 related financial hardship; 2) Failure to repay unpaid rent accrued during the Moratorium period for commercial tenants operating businesses with 9 employees or less; or 3) Tenants on a holdover or month-to-month lease. Please note that when initiating an unlawful detainer action the Landlord must supplement any notice of nonpayment with a copy of commercial tenant’s rights under the County’s protections within 10 days. If you have any questions or need to evict your commercial tenant, please give us a call at (626) 228-0638! **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.** #commerciallandlord #california #losangeles #landlord #eviction #evictionnotice #law #lawyers #attorneys

Can a Landlord evict a Tenant by moving into the Property? Yes, if the single-family home, condominium unit, duplex or triplex was purchased on or before June 30, 2021, a landlord or family member can move into the property. Please see the following, minimum criteria* for the eviction process:... 1) Landlord or family member must reside in the property for at least 3 years after moving in; 2) Tenant must be current on rent and not impacted by COVID-19; 3) Landlord must provide a 60-Day Notice to Tenant; and 4) Landlord must pay tenant relocation assistance to Tenant. For more information about this process or financial resources available, please visit Housing is Key at https://housing.ca.gov/. If you need to evict your tenant, please contact us at (626) 228-0638! *Every set of facts is different and may have additional and/or differing criteria. **The information provided on this post does not, and is not intended to, constitute legal advice; rather, all information, content, and material on this post are for informational purposes only.** #HousingIsKey #losangeles #eviction #landlords #landlord