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California Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I rented a 2nd floor commercial space for use as a piano studio, paid deposit/first month rent, then couldn't access it.

13 days after signing the lease I informed Lessor my piano mover said the elevator was not an adequate loading elevator (not big enough) for my 7' Steinway piano, & stairs too narrow. I couldn't move in. Long complicated lease describes Lessee (me) to inspect premises (I did, but the... View More

2 Answers | Asked in Real Estate Law for California on
Q: Two friends purchase an investment home together (JTWROS). Friend A retains a law firm to remove Friend B from title.

SCENARIO: Two friends purchase an investment home together (JTWROS). Friend A has the necessary funds for the down payment and closing costs, but has poor credit and insufficient income to qualify for a loan. Friend B has excellent credit but very little in the way of savings. After the close of... View More

James Clifton
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James Clifton
answered on May 4, 2024

Friend B's options and potential defenses in this scenario would depend on various factors. Here are some potential options and defenses Friend B might consider:

Review the Original Agreement: Friend B should carefully review any agreements or contracts signed at the time of purchasing...
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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Contracts for California on
Q: Notice Period: To Residential Tenant of Intent to Sell Rental Property in Los Angeles, CA

1) Tenant is on a month-to-month implied tenancy (for last 5 years) without any lease in Los Angeles County. The landlord (owner) intends to sell the property to a private buyer without listing it in the market for sale, so no showing to anybody. Prospective buyer also does not want to view the... View More

James L. Arrasmith
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answered on May 4, 2024

Here are the key points regarding your questions about notice periods and selling a rental property with a month-to-month tenant in Los Angeles, CA:

1. Notice period for intent to sell:

- For a month-to-month tenancy in Los Angeles, the landlord is not legally required to provide...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: regarding landlord-tenent issues, can a motion to stay be used to get more time even if a stip was signed

if a stipulation, with a move out date was signed, could i file a motion to set aside or a motion to stay, for more time

James L. Arrasmith
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answered on May 3, 2024

In California, if you have already signed a stipulation agreeing to move out by a certain date, it can be very difficult to change or extend that date. A stipulation is a legally binding agreement between parties, and courts generally enforce these agreements.

However, in some limited...
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2 Answers | Asked in Elder Law and Real Estate Law for California on
Q: I am 71. I am a victim of elder abuse, financial exploitation of a vulnerable elder, and abuse of a financial POA.

My son was given financial POA to help me in July 2021. He sold my home in Stockton, CA for 1.75 million and reinvested in a property in Mesa AZ we could all live in together. BUT he put his wife on title and not me! I spent 3 mos. with them in AZ and was subjected to a LOT of verbal abuse and... View More

James L. Arrasmith
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answered on May 3, 2024

I'm so sorry to hear about the terrible situation you've been through with your son and his wife. What they have done is completely unacceptable - verbally abusing you, misusing the power of attorney to take control of your assets, and refusing to add you to the title of the Arizona... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: On March 29th 2024 I received a 60 day vacate remodel, reoccupied unit April 22 ,2024 this is less then 30 days

I started receiving temporary housing pay Feb 27th 2024 unit had mold. On March 29th I received a 60day notice substantial remodel for mold and new windows .Remediation was completed on March 8th . From March 8th till April 18th waited for delivery of windows then installed in one day April 19th.... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 2, 2024

Thank you for asking the question!

When there is substantial remodel includes the abatement of hazardous material such as mold that cannot be reasonably accomplished in a safe manner with the tenant in place and that require the tenant to leave the place for at least 30 days.

The...
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2 Answers | Asked in Real Estate Law for California on
Q: How do I remove a Abstract of Judgment Lien that was not renewed in 10 years time?

Judgment entered Aug. 1, 2011

Abstract issued on Sep. 21, 2011

They filed to add Interest in 2018 but they never filed a renewal of judgment

James L. Arrasmith
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answered on May 1, 2024

In California, if a judgment creditor fails to renew a judgment within 10 years, the judgment automatically expires, and the associated Abstract of Judgment Lien becomes unenforceable. However, to clear the lien from the property's title, you may need to take a few steps:

1. Check the...
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2 Answers | Asked in Real Estate Law for California on
Q: Owner of rental condo not paying COA dues and we and his property management company can not reach him.

He rents his unit and has a property management company who cannot reach him either. What legal recourse does the COA have?

James L. Arrasmith
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answered on May 1, 2024

Under California law, when a condo owner fails to pay their COA (Condo Owners Association) dues, the association typically has several legal recourses. Initially, the COA can place a lien on the property for the amount of the unpaid dues. This lien can eventually lead to foreclosure if the dues... View More

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2 Answers | Asked in Contracts and Real Estate Law for California on
Q: In LA county Ca, I signed a lease which increased my rent 40%. I saw there may be a new law that makes this illegal?

If this law is correct, and I can only be obligated to pay a 10% increase, does my lease for the next year still stand.

James L. Arrasmith
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answered on May 1, 2024

In August 2022, the California legislature passed AB 1482, also known as the Tenant Protection Act of 2019. This law caps annual rent increases at 5% plus the local rate of inflation, or 10%, whichever is lower. The law applies to most properties in California, with some exceptions like those built... View More

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3 Answers | Asked in Real Estate Law for California on
Q: Purchased a condo property in San Francisco thru Auction.com. as is.not giving information on the status of tenancy.

What is the new owner rights? Previous owner died and the property is under a trust. But the mortgage defaulted in the last month's of last year. Worst case scenario on our part?

James L. Arrasmith
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answered on Apr 30, 2024

Under California law, when you purchase a property through an auction, you are generally buying the property "as is," which means that you are accepting the property in its current condition, including any existing tenancies. However, the specific rights and obligations of the new owner... View More

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2 Answers | Asked in Family Law, Real Estate Law and Tax Law for California on
Q: Father passed in CA but owned rental property in NJ, only moved there during COVID-19, how do I transfer property deed?

I have copy of Will, I am primary executor and sister is co-executor. We want to avoid probate split rent, property taxes, and transfer property deed in our names.

James L. Arrasmith
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answered on Apr 30, 2024

I'm sorry for your loss. Transferring property ownership after a parent's death can be a complex process, but here are some steps you can take:

1. Review the will: Carefully read the will to understand your father's wishes regarding the NJ property. If the will clearly...
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2 Answers | Asked in Criminal Law and Real Estate Law for California on
Q: Attorney took all proceeds from my house sale, deposited it into a trust account under false pretenses. Now I'm homeless
James L. Arrasmith
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answered on Apr 28, 2024

I'm so sorry to hear about your situation. It sounds like a truly awful experience and I can only imagine how difficult and stressful this must be for you.

Based on what you've described, it seems the attorney may have committed legal malpractice and/or fraud by taking the...
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2 Answers | Asked in Real Estate Law and Banking for California on
Q: Can Wells Fargo demand a balloon payment on my mortgage in California
James L. Arrasmith
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answered on Apr 23, 2024

In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:

1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: My grandmother had 4 kids. 2 passed away. Can the other 2 take off the names of those who passed.

Do the children of the ones who passed have legal rights to the house?

James L. Arrasmith
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answered on Apr 22, 2024

Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:

1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed,...
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2 Answers | Asked in Real Estate Law for California on
Q: Can our homeowner's insurance cancel our policy after we attempt to file a claim?

My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More

James L. Arrasmith
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answered on Apr 21, 2024

I understand your concern and frustration with this situation. It seems that there may be a few issues at play here:

1. In California, an insurance company can generally cancel a homeowner's policy for various reasons, including if they determine that the risk of insuring the property...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Hi. I have a friend who was previously deemed incapacitated but is now able to inherit the sums as afforded her by trust

In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm

Karn Thapar
Karn Thapar
answered on Apr 22, 2024

It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.

It's good to hear that...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
James L. Arrasmith
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answered on Apr 18, 2024

Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.

In this...
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2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can I claim the residual 75% of outstanding shares to the mineral rights I own 25% of?

My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More

James L. Arrasmith
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answered on Apr 18, 2024

In most jurisdictions, it is not possible to simply claim the outstanding 75% of mineral rights just because the other owners are untraceable or unresponsive. However, there are a few potential options you can explore:

1. Quiet Title Action: You may be able to file a "quiet title"...
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2 Answers | Asked in Real Estate Law and Personal Injury for California on
Q: I live in California. I own my house..well the bank. Adjacent to my property is a 2 rental houses on the same lot.

Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?

James L. Arrasmith
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answered on Apr 18, 2024

In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:

1....
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2 Answers | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

James L. Arrasmith
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answered on Apr 17, 2024

This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:

- The new property owner has the legal right to remove trespassers from their private property. Purchasing the...
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