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Questions Answered by Rogelio (Rod) B. Tuazon
1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Probate for California on
Q: Can an HOA stop me from staying in the house I inherited from my mother who passed away?

I was the live in caregiver for my mother who is buying a home in a 60+ trailer park. However, my mom passed away recently and now I am the heir to the property. The HOA has told me that because I am only 54 years old I cannot live in my house, I cannot rent it out to anyone whether they are 60+ or... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 10, 2022

I believe the HOA may be correct. The Fair Housing Act exempts communities intended for people 55-62 or older to discriminate based on familial status. It appears that your mother’s trailer park caters only to residents who are over 60 years old. You have two options: either (1) find someone you... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord recording renter without consent, installed hidden cameras.

Q: Landlord recording renter without consent, installed hidden cameras. is this civil or criminal case ? SOL start when ?

Hi. I have a landlord who installed hidden camera and recorded , what can I do ?

Is this civil or criminal offense ?

How do I prove my case ?... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 10, 2022

Is the landlord recording the common area affecting your property or private areas inside your property? If private, I suggest contacting an attorney ASAP and get a restraining order and claim for possible damages.

1 Answer | Asked in Landlord - Tenant for California on
Q: What legal rights do I have if I rented a property that has was foreclosed on and now the bank is trying to throw me out
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 9, 2022

The new owner of the foreclosed property needs to go through the eviction process to remove you from the property. If the property is tenant-occupied (as in your case), a 90-day notice is generally required before the bank can start the eviction process. If you have existing lease with the previous... Read more »

1 Answer | Asked in Tax Law for California on
Q: Hi, IRS question,

Hi.

I am getting audited for 2018 for my short-term rental business in California ( LLC ) but all the receipts for the expenses have been stolen with other stuff in one of my apartments by guests during COVID and all the receipts I was gathering are gone. What should I do? How can I back... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 7, 2022

If you paid those expenses using credit/debit cards, you may be able to use your bank statements or credit card statements as proof. If you paid cash, do your best to document your cash payments and explain to the auditor why you are unable to produce the receipts.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Lease application got cancelled as the person changed their mind

I recently moved to California for a job, I submitted my application for taking over someone's lease. After two weeks of the application he told me that his visa (he is moving to some other country) got delayed and now he cannot rent it to me.

The problem is that I have spent countless... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 6, 2022

If you can prove that you have been reasonably induced to rely on a promise that the other party made, you may file a “detrimental reliance” claim if you can prove that the reliance caused you to suffer some kind of a harm or loss. If you had the agreement in writing, you would only need to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Unfair housingDiscriminationPoor maintenance Health threateningHarassment

I'm going thru eviction my landlord shuts off the hot water everytime he hears the shower water running for me and my children ,and he also got a lock

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 6, 2022

“Self-help” evictions are illegal in California. Turning the water heater off or changing locks are activities that the landlord cannot do during the eviction process. If you can provide proof of such activities, you may have been illegally evicted and you may counter sue or use it as a defense... Read more »

3 Answers | Asked in Business Law, Contracts and Tax Law for California on
Q: If I am helping a friend lease a business space for HIS business, do I need to report anything to the IRS on my end?

My friend is starting up a business, he’s doing good and now needs a shop to work. He does not have the credit to lease a place. He asked me to help him lease in exchange for 10% of earnings. What would I have to report to the IRS or does his total earnings affect me in any way? I am aware I’m... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 6, 2022

Although not mandatory, I hope you have this agreement in writing. The 10% payment in exchange for co-signing a lease is considered in the broad definition of gross income. So, the short answer is yes, it must be reported to the IRS. Your friend may also have an obligation to issue you a 1099, so... Read more »

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1 Answer | Asked in Tax Law for California on
Q: I received a 1099-NEC. I’m filling out Schedule C for my federal tax returns. What do I do for my California state tax?

I also used worked from home so I’m filling out line 30.

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 4, 2022

With the presumption that you live in California, the income and expenses you claimed in your Sch. C are generally allowed in California with some exceptions. In preparing your CA return, you start with your adjusted gross income (AGI) then you adjust for additions and subtractions. For instance,... Read more »

1 Answer | Asked in Family Law for California on
Q: wondering what my court papers mean when it says i am the custodial parent. My daughters father and i were never married
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 4, 2022

Parenting and matrimony don’t necessarily have to co-exist when it comes to raising a child. Being a custodial parent means the child spends the majority of his or her time with you, unless you and the father share 50/50 custody. Hopefully, the court issued an order as to who will claim the... Read more »

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for California on
Q: What makes a loan document void
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 4, 2022

This is quite a broad question to answer. If you have specifics, it would be easier to identify if the loan may be void or voidable.

There are several ways to challenge the validity of a loan. If there are missing terms, such as the number of years to pay or the interest rate the lender...
Read more »

1 Answer | Asked in Tax Law for California on
Q: Is my rebate from Zillow 360 considered income for IRS purposes? I received a 1099-MISC for it.

To qualify for the rebate, I had to 1) Sell my current home to Zillow, 2) Purchase my new home through an approved Zillow real estate agent, and 3) Finance my new home through Zillow Home Loans. After all three requirements were met, I received a Rebate of 2% of my former home's selling... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 4, 2022

You are correct. Generally when a company pays a customer compensation in the form of a rebate as an inducement to use their services (sell/buy/loan), that payment is not considered income. Price adjustments and rebates are not considered in the broad definition of gross income.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: In California after death of spouse and court has approved spousal property order for real estate do I now need a deed?

If so what type and what is procedure? Thanks

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 4, 2022

Based on your question, I would have to assume that the property was owned solely by spouse and there was no living trust or transfer on death deed. And I also would have to assume that you had to go to the court to petition for probate and the court decided that the property passes solely to you.... Read more »

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2 Answers | Asked in Tax Law for California on
Q: I'm an independent contractor with no "earned" income in 2021 but had unemployment, can I still take Sch. C expenses?

Normally, I am self-employed (independent contractor) freelance exec. assistant and run my business from my apartment and use Schedule C to deduct expenses for that business. However, from Jan. to Sept 2021 I collected Pandemic Unemployment Assistance and did not have any earned income and my PUA... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 4, 2022

Just to clarify, it you looked for work unrelated to your business, the expenses may not qualify. However, if the expenses are related to maintaining your current business, they may qualify as expenses even if you didn't have earned income for that year.

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