Real Estate Law

In some states, foreclosures are a very time consuming and tedious process, but in Texas it's different. In Texas, it is fairly easy to foreclose on a property and the process moves quickly. ...

Homeowner associations are created for the purpose of developing, managing and selling a category of residential housing called common-interest developments. This category includes condominiums,...

Water rights are highly desired in real estate transactions. Whether for agricultural use, recreational use or other purposes, water rights can significantly increase the appeal of a real estate...

Rent control laws limit the amount landlords can charge tenants for rent. Rent control laws also affect how much rent may can increase from year to year. In the U.S., there are no federal or state...

Along with responsibilities, landlords have certain rights and protections under federal law. Rights granted to landlords include collecting security deposits, evicting tenants, raising rent and...

A quitclaim, which is often erroneously but commonly called a quick claim, is a simple way for an individual to give up interest in a property. The legal document, or deed, is basically a real...

People who lease properties for residential use are known as tenants (also known as "lessee"). The owner of the home being leased is called a landlord (also known as "lessor"). Laws for each state...

Every fee-based, brokered real estate transaction must now be facilitated by a state-licensed real estate professional. A Real Estate License Act has been passed in every state plus the District...

Several liens can be placed or attached to primary property. Primary property generally refers to a person's principal place of residence. Architects, mechanics, property tax agencies, attorneys...

Businesses of all types make significant investments in the property in which they operate, even if they are leasing the premises. Consequently, people and businesses that lease commercial...

There are a variety of issues that are addressed when a person dies and leaves an estate that includes personal property and real estate. One of the primary matters to be dealt with is...

A deed is the legal document, or instrument, that proves ownership of a particular piece of land or property. Before an individual can give a piece of land or property to a relative, a transfer...

Carbon monoxide is truly a "silent killer". It is a gas that you cannot see, smell or taste. However, carbon monoxide is fatal to those exposed because the symptoms include fatigue and...

The title to a property provides a legal description and information on the owner and seller. After the purchase of a home, it may be necessary to add an owner or make corrections. A quitclaim...

Landlords should think twice before taking eviction matters into their own hands. Loud parties or late rent is not an excuse for a landlord to turn off the water or change the locks. It's...

A property transfer is the shift of a piece of real property -- a structure, such as a home, or land -- from one individual to another. Unlike selling real property, no money or services are...

Although most mold growth is harmless, a few varieties can cause severe health problems. While there exists some debate about exactly what level of harm exposure to mold can cause, the potential...

As a landlord you occasionally may encounter a renter that does not honor his lease agreements. For example, you may face the prospect of a renter that writes a bad check to you. In each state in...

The Housing and Economic Recovery Act of 2008, also known as the FHA Modernization Act of 2008, was finally signed into law by former President George Bush on July 30, 2008 after many failed...

Homeowners associations provide many benefits for their members. They enforce rules that ensure neighbors comply with basic standards that keep homes and properties orderly and neat. They also...

A land contract is a written, signed and decisional agreement between a seller and buyer for a piece of property or land. Both the seller and buyer have rights within the agreement that are to be...

The Obama loan relief plan, established in March 2009, recently announced that it has hit its goal of obtaining mortgage loan modifications for 500,000 Americans before November 1, 2009. The $75...

If you fear falling behind in your mortgage payments—for a second time—you’re not alone. More than 50% of homeowners who’ve already received a loan modification will default a second time,...

In the eyes of the residential tenant, one of the sexiest affirmative defenses to an eviction for the non-payment of rent is a claim that the landlord has failed to adequately maintain the...

Even when the residential tenant timely serves the statutory notice complaining about the landlord’s failure to maintain the premises, Florida Statute § 83.60 mandates that, in an eviction...

Serving a 3 Day Eviction Notice must be accomplished by the landlord prior to filing an eviction lawsuit. A proper starting point for the landlord in preparing a 3 Day Eviction Notice is to...

Many residential tenants are unpleasantly surprised as to what a landlord is required to do to be in compliance with Florida Statute § 83.51. The statute, in the absense of a written...

Florida Statute § 83.56(5) provides, in pertinent part, that: “If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any...

Most landlords, prior to preparing the 3 Day Eviction Notice, realize that it is a good idea to review the residential lease to determine the amount of rent that should be includied in the notice...

One of the most common reasons a 3 day eviction notice is deemed defective by the Florida Courts is a result of the improper calculation of the grace period provided by Florida Statute §...

Writing a letter to your landlord can keep your rights intact and your home calm and stress free. Working with your landlord to keep rental property in functional condition will benefit both you...

When a person dies, there may be situations when an affidavit of domicile will be needed. It is a document filed in the courts to establish the deceased's place of residence to transfer assets,...

One of the best investments a person can make is to own real property. While your property may still fluctuate in value, it is a hard asset that you own, can insure and live in or on. A land lease...

Throughout the United States the laws governing rental agreements in each of the 50 states are relatively uniform. Many states have adopted what is known as the Uniform Residential Landlord and...

Although joint tenancy and tenancy in common sound like the same type of property ownership, the difference between the two is extremely important. Joint tenancy is a form of property ownership...

It is important for tenants in any state to have a basic understanding of their state's laws governing renters' rights. Illinois renters should be familiar with that state's laws, know their...

If you are interested in identifying those homes with swimming pools in your community, one resource that you can take advantage of is your local building department. Municipal and county building...

As a resident of the Sunshine State facing the prospect of being evicted from your home, you may be wondering how to get government help with an eviction in Florida. There are a number of...

A quit claim deed is a legal document that conveys the interest a person has in a property to another person or entity. It does not affect the mortgage or responsibility for the mortgage. It is...

Tenants' rights lawyers provide invaluable assistance to renters who are facing legal issues arising out of their legal relationship with a landlord. In a typical community, there commonly are a...

Vermont renter's rights laws set forth specific protections for tenants. If a landlord violates any one of these rights, the tenant can take legal action against a landlord in the Superior Court...

Eviction is an all too common occurrence among American tenants and landlords. It's very important to keep accurate and detailed records of rent payments, complaints and lease agreements.

A contract for deed is an agreement entered into between the buyer and seller of real estate. The seller provides financing for the sale. This is accomplished by the parties agreeing to a sales...

There are different types of deeds, the most common being a warranty deed. A variety of encumbrances can be placed on a warranty deed, including a vendor's lien. Fully understanding real estate...

Rental agreements and forms vary by discretion of the landlord. All proprietors must comply with both state and federal fair-housing laws when using or creating a rental-agreement form.

The levy process begins when a plaintiff/creditor wins her court case against the defendant/debtor. After losing, the defendant is ordered by the court to pay the plaintiff a sum of money. If the...

Foreclosure is a legal process where lenders remove borrowers' rights to redeem, or pay in full, their mortgages. The lenders take ownership of the houses or transfer ownership through a...

Selling your home is serious business, and you want the best real estate agent or broker to help you. This person lists your home on the multiple listing service and markets your home to buyers...

Quitclaim deeds, which are deeds without guarantees, are typically used only in special circumstances such as to remove a cloud on a title, during tax deed sales or for transfers between family...

Texas laws on foreclosure are found in Title 5, Chapter 51 of the Texas Property Code. Section 51.002, Sale of Real Property Under Contract Lien, discusses how, when and where foreclosed...