Residential Landlords
For residential landlords and tenants, leasing issues include understanding California requirements for setting the correct amount of security deposit. In California, the security deposit for an unfurnished dwelling unit is limited to two months rent, but a landlord can require a security deposit of up to three months rent for a furnished apartment or home. Victoria works with landlords to make sure that they use best practices, including the use of a move-in checklist to identify any pre-existing wear and tear or defects in the rental premises before the tenant moves in, and a move-out closing statement following an inspection, so that there is a clear record of any damage caused by the tenant greater than normal wear and tear on the unit. Victoria also assists landlords to make sure they understand that California law requires that the landlord maintain and repair the premises i.e., warrant the habitability of the premises, which includes the requirement that the landlord put the rental unit into a condition fit for human occupation and repair all subsequent problems that make the premises “untenantable” except those caused by the tenant’s lack of ordinary care. There are a number of items in the premises that the landlord must make sure are in good working order including, generally, plumbing, electricity, heat, railings, and deadbolt locks.
If the landlord/tenant relationship breaks down, Victoria represents landlords and tenants in negotiating the return of the premises to the landlord, as well as in unlawful detainer, i.e., eviction proceedings. Many times it is possible to negotiate an orderly agreement for the tenant to return the property, which can have the benefit of saving both time and money. In other cases, an eviction action may be necessary, in which case it is mandatory that the landlord comply with strict statutory requirements regarding the service of the Notice to Quit, the filing and prosecution of the unlawful detainer action, and the legal disposition of any personal property left by the tenant within the premises. Victoria can consult with landlords and tenants on each of these issues.
- Joint Ownership of Property
- Buying Real Estate
- Selling Real Estate
- Commercial Leases
- Residential Landlords
- Title and Escrow Issues
- Contracts
Our Goal
From her office in Orinda, CA, Victoria Smith represents clients throughout the San Francisco Bay Area in buying and selling real estate, leasing and managing their tenants, title and real estate issues, and secured debt collection. Victoria finds cost-effective and focused solutions to her client’s problems.
Meeting Client Needs
Victoria represents clients ranging from institutions to everyday families trying to protect their real estate investments. Victoria’s clients include professional fiduciaries, mom and pop real estate investors, lenders, homeowners, insurance companies, and commercial property owners. In each case, Victoria understands that clients need to be kept informed about their matters and want responsive services. We provide clients with copies of all relevant documents and keep in touch promptly via phone, fax, and email.
Putting Experience to Work for Clients
With 38 years of experience practicing law in the Bay Area, Victoria specializes in Real Estate Law. Victoria can offer her clients the knowledge and experience that she has developed in her real estate law career, including her understanding of the needs of clients as they relate to:
- Real Estate Transactions, including Contract, Title and Escrow Issues
- The Joint Ownership, Management and Disposition of Real Property
- All aspects of Landlord/Tenant Relationships, including Leases, Disputes and Unlawful Detainer for residential and commercial properties
- Real Estate Disclosures and Due Diligence
- Mechanic’s Lien Claims
- Resolving Neighborhood Real Property Disputes
- Transfer of Business Interests
Victoria Smith offers a free telephone consultation regarding real estate and other contract issues.
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