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Questions Answered by Thomas A. Grossman
1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims for California on
Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.

Me and my mother rent 2 rooms in my landlord 3 bd home. We have lived here 4 yrs we pay the rent every month full house privileges. In the beginning we had verbal agreement that I would not have overnight guest and he agreed to not allow his female friends who slept over to hang out in the common... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 13, 2019

A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he... View More

2 Answers | Asked in Real Estate Law for California on
Q: What are my rights if i live in the home my brother inherited from my grandma and he wants to sell it.

I pay the property taxes and keep the upkeep on the home and have lived here with my 2 children who are 13 and 16 for the past 7 years. I only moved here to help him keep the house because he didn't want to move from his home.

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 13, 2019

I assume by your statement that you did not inherit a right to the house. I have not seen the deed, so I can't say for sure. But, if your brother is now the sole owner of the house, he has the right to charge you rent, let you stay, or kick you out. There is not much you can do about that.... View More

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Business Law for Texas on
Q: I was given a warranty deed but I'm confused if it is only for the real estate or is personal property included?

The family has said they are going to auction his personal belongings however there is a lien on the property and also back taxes how can the money made go towards those items or do I need to try to go through probate? I'm not sure what that really is but this is all pretty confusing

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 12, 2019

A warranty deed should cover the real property and any fixtures that are affixed to the property. Since I don't know who "the family" is, or how they relate to you, I cannot give you much of an answer. Also, you are asking me to address Texas law, which I am sure is different than... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: My dog broke our fence and bit a dog that was provoking it, am I legally responsible for the veterinary bill?

Neighbors were walking there dog past our picket fence and let there dog come over and bark at our dog. Our dog doesnt get along with other dogs and was showing signs of being annoyed. The neighbor began to walk away when my dog broke 3 boards off our fence and bit their dog.

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 11, 2019

That's a tough question to answer. It seems both parties caused the incident, probably both parties being unaware of the consequences. The neighbors were negligent for not being aware of your dog's personality, and you probably should have built a stronger fence under the circumstances.... View More

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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: What motion can I file at this point? Originally my mom was being sued by a tenant in common.

The plaintiffs lawyer just asked for a judgement to be found by the court. My dad made the actual payments on the land. After he was murdered at a job that he took at the in insistence of the plaintiff, the plaintiff paid the taxes. Til his death my dad had been paying all expenses including the... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 11, 2019

There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else?... View More

1 Answer | Asked in Contracts for California on
Q: I co-signed for bail to get my son out of jail. He was convicted and now serving his time. Do I need to pay the bond.

Am I responsible for paying what's still owed on the bond?

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 9, 2019

I do not know much about criminal law, but I would think that once your son went to jail, you should get the rest of the bond money because the purpose of a bail bond is to keep someone from disappearing out of state. Since your son is now in jail, I think you get the balance of the bail.... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: I rent a room in my landlords home. I installed a locking doorknob when I moved in and I have the only key.

my mother also lives here separate bedroom we have lived here for four years verbal agreement in California. We pay rent on time every month. Are we tenants or lodgers??

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 9, 2019

Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days... View More

1 Answer | Asked in Real Estate Law for California on
Q: My apartment complex wants to renovate my unit when my lease expires. So, I will be moving out.

Do I get my full deposit back, since they’re essentially starting over?

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 9, 2019

It depends on the meaning of "renovate." If they are going to put in new cabinets, appliances, carpeting, tile, fixtures, etc., then I would think they should give you all or part of your security deposit back. If they are simply cleaning the carpets, doing some painting, putting in... View More

1 Answer | Asked in Personal Injury for California on
Q: I had my rv parked on private property without the owners knowledge. The owner tows my rv damaging it in the process

The owner gave me no notice, nor ever asked me to move. There were no signs, no gates, no fences, no buildings. I put up a gate, i put up no trespassing sings and i started a fence. So there i am, rv parked in the middle of nowhere.

I was away when the owner came, with the police and... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 7, 2019

I hate to say it but your first sentence is what got you into trouble. You had an obligation to let the owner of the property know that you were using his land for your RV. Also, building a gate and a fence is trespassing on the owner's land. Since I don't know where this all happens,... View More

1 Answer | Asked in Contracts, Real Estate Law, Municipal Law and Small Claims for California on
Q: I am the defendant in a case where the original judge took a matter under submission.

The plaintiff was suing me for 10,000. This amount includes rents collected after my father passed away. I agree I owed her for that, however the deposits I refuse to pay. The plaintiff did not provide a contract, its just word of mouth details. My father was a realtor and he negotiated a lease... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Feb 7, 2019

I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.

2 Answers | Asked in Real Estate Law for California on
Q: I have offered on a property with an agent. If I want to bring in a real estate attorney. Would my realtor get paid

The agent is new and not very knowledgeable. Would they still make a commission? We have gotten the contract from escrow and he is having a hard time explaining. What steps do I have would the attorney take over? Or would I still keep my agent

Thomas A. Grossman
Thomas A. Grossman
answered on Jan 24, 2019

Your realtor would get paid as long as he is competent enough to understand all the wording of the various documents. An attorney can help explain those documents, but he would have to be paid, cutting into your resources. The agents are supposed to do most of the work: Showing the property,... View More

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2 Answers | Asked in Real Estate Law for California on
Q: Does a spouse have to sign a deed of trust if it is the sole and separate property of the other spouse in California
Thomas A. Grossman
Thomas A. Grossman
answered on Jan 23, 2019

It is probably not required, but the lenders will usually require that both parties sign the loan papers.

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1 Answer | Asked in Real Estate Law for California on
Q: Is it ok to go over a lease in Spanish with a new tenant even though the lease is in English?

Is there a fair housing law on language barriers

Thomas A. Grossman
Thomas A. Grossman
answered on Jan 16, 2019

It is probably OK as long as you and your tenant are sure that you both understand the terms of the lease. You may want an interpreter or friend to be present to do that.

2 Answers | Asked in Real Estate Law for California on
Q: Can an agent working for a broker (First Team Real Estate) sue you for cancelling the listing agreement?

Would not the broker have to sue as the agreement clearly states said agreement is between the seller and broker. The seller informed the agent verbally she wanted to cancel the agreement as the agent in 6 weeks from the agreement being written up had done nothing towards selling the house. No for... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jan 15, 2019

While the agent is always responsible to the Broker, the answer to your question probably lies somewhere in the listing agreement. Some listing agreements specify that the agreement cannot be canceled for a certain period of time. In my opinion, since the first agent did nothing, she has no... View More

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1 Answer | Asked in Arbitration / Mediation Law and Animal / Dog Law for California on
Q: Ownership dispute with previous roommate

I adopted a dog with a roommate, my name was on the adoption papers and I paid the fees up front. We have split everything since then, food toys ect. When she moved out, she took the dog with her without my permission. I have been in contact with her about setting up a schedule so we can both spend... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Jan 12, 2019

Most people become very attached to their pets. Since you paid the fees and "adopted" the dog, you should have some rights to at least visit the dog. It would be easier to work out a solution if both of you could come up with a plan for sharing the dog. If she absolutely refuses to let... View More

2 Answers | Asked in Real Estate Law for California on
Q: I bought a property with a known encroachment. About 10' corner of my bldg hangs over their property line.

I decided to demo the piece off their side. County permit says get permission from the neighbor to access his land to demo. Neighbor not only says no access but the offending corner belongs to him! He purchased after me at tax sale

Thomas A. Grossman
Thomas A. Grossman
answered on Jan 9, 2019

I am responding to a call from you recently today. I do not handle litigation cases, and I think that is where you are headed. Property law can be very tricky. Since you knew of the encroachment when you acquired the property, that portion of he encroachment would technically belong to the other... View More

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1 Answer | Asked in Antitrust, Business Law, Constitutional Law and Gov & Administrative Law for California on
Q: If a government agency causes a company to go bankrupt because of an agency decision that breaks the law...

If a government agency causes or partially is the cause for a private company to go bankrupt because of an agency decision that breaks the law or is due to malfeasance by a public official, what recourse does the business have against the government agency or the official?

Thomas A. Grossman
Thomas A. Grossman
answered on Jan 2, 2019

It depends on the circumstances. Despite what we would like to believe, most government agencies are not perfect because they are staffed by government workers who sometimes don't care about their jobs. I have run into this problem many times, and there us no way to win once the agency makes... View More

4 Answers | Asked in Personal Injury for California on
Q: whT CAN I DO IF MY WIFE HAD A FALL at a hospital
Thomas A. Grossman
Thomas A. Grossman
answered on Jan 1, 2019

It depends on the circumstances. If she simply fell down on her own, there may be nothing that you can do. However, if she fell down do to negligence on the part of the Hospital (e.g. water or other liquid on the floor; poor lighting; no nurse available to help her; et.) she may have a case.... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: If I have been paying $400. A month for almost 4 years new owners have increased my rent to 600.can they increase that

Much

Thomas A. Grossman
Thomas A. Grossman
answered on Dec 31, 2018

If you are not on a lease, the new owners can only increase your rent with at least 30 days notice. You then have a choice to accept the new rent, or find a new place to live. Or, perhaps you can bargain with them.

2 Answers | Asked in Contracts for California on
Q: Despite assurances, Contractor failed to complete work on time as agreed upon in contract. Is this a breach of contract?
Thomas A. Grossman
Thomas A. Grossman
answered on Dec 26, 2018

It depends on how far past the deadline it took the contractor to complete the work. It is commo that contractors underestimate the time for completion of a project due to various delays (shortage of supplies, sick workers, weather etc.). It also depends on how important the deadline was. Unless... View More

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