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Questions Answered by Delaram Keshvarian
2 Answers | 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

Delaram Keshvarian
Delaram Keshvarian
answered on May 7, 2024

Thank you for asking the question!

1. When the buyer assumes the lease:

If you don't want to evict the tenant, you likely do not need to provide notice in regards to selling the property.

However, as part of sale procedure, you need to inspect the property. Then a...
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2 Answers | Asked in 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

Delaram Keshvarian
Delaram Keshvarian
answered on May 3, 2024

Thank you for asking the question!

Motion to stay means requesting the court to stop proceeding the case because the decision of another related case impacts this case, or the case is better to be litigated with another case rather than separately in this court.

When you stipulate...
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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

Delaram Keshvarian
Delaram Keshvarian
answered on May 3, 2024

Thank you for asking the question!

Under Elder Abuse and Dependants Adult Civil Protection ACT (EADACPA), when there is a finding of "financial abuse," a deed converting title to real property executed by an elder (older than 65 year old) or dependent adult may be subject to...
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2 Answers | Asked in 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: 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?

Delaram Keshvarian
Delaram Keshvarian
answered on May 1, 2024

In California, when a condominium owner fails to pay their association fees, the condominium owners' association (COA) can take several steps to address the delinquency. Here’s a general outline of the process:

1. Notification: The COA will typically begin by notifying the homeowner...
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2 Answers | Asked in Contracts and Landlord - Tenant 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.

Delaram Keshvarian
Delaram Keshvarian
answered on May 1, 2024

Thank you for asking the question!

1. Is your property "Commercial" or "Residential"?

Rent control in Los Angeles County primarily applies to residential properties, not commercial ones. Residential rent control ordinances typically limit how much landlords can...
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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?

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

There is a duty of disclosures in general real property sale transactions. But, the properties you buy in the foreclosure asset a more limited and narrower duty of disclosure on the foreclosing party.

The are obliged to reveal defects that they...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: can i do this

"1","Identify Credit Report Errors:

- Regularly check your credit reports.

- If any errors are detected, identify the lender or company and the precise issue."

"2","Dispute Credit Report Errors:

- Write a detailed letter to the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

Yes, you can do all "1","2", "3." You need to dispute the errors with each credit reporting agency separately.

Also, there are attorneys that can work on your credit score after incidents such as bankruptcy....
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2 Answers | Asked in Contracts and Gov & Administrative Law for California on
Q: If I want to get a case number to file in court, what are the steps to do it and where do I get the file from?
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

1. You need to choose a court that has jurisdiction over the case and defendants.

2. There are usually self help in CA Superior courts in big cities. They can guide you about what forms you need for fillings. But, they are not attorneys, and you...
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2 Answers | Asked in Foreclosure for California on
Q: If I have a hard money lender and about to be foreclosed on is there any legal way or loop hole to get out of loan?

I got deceived by hard money lender and I need to be able to keep my home is there any ucc article 9 or security fraud that may relieve me of the hard money loan or two liens for home improvements from bad contractors

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 28, 2024

Thank you for asking the question!

1. Is the loan valid? The first step is to evaluate if the loan is invalid by lender's fraud, misrepresentation, discrimination, or failure to follow the required procedure at the time of loaning. Was the loan predatory? and so on ...

2. Loan...
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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
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 28, 2024

I am so sorry for you having to go through this hardship!

Attorneys can keep the fund that's not clear whether belongs to them or their clients. The undisputed amount of fund they receive must be sent to the client.

If there is any type of dispute between you and the...
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2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for California on
Q: Some construction was done but no contract signed by either party

On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

A: I need to know more facts for a better answer, but here are some of my estimations:

1. As you mentioned, there can be a challenge for the Small Claim's (SC) lack of jurisdiction over the case.

2. You may be able to claim "abuse of discretion" in admitting evidence....
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2 Answers | Asked in Foreclosure, Civil Litigation, Collections and Probate for California on
Q: My mom died 3+ years ago w no will or trust. There's a mortgage but husband hasent paid.

Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it

Delaram Keshvarian
Delaram Keshvarian
answered on May 12, 2024

Thank you for your question!

The facts are very unclear to give you an answer:

Was the husband's (H) inter-spousal transfer before death or after the death of your mother?

Did the H's deed the property from your mother's name to himself or from himself to...
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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
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

Balloon payments are severely restricted after 2013, however they are still being used for some types of loans such as Permanent loans.

Permanent loans are payable on demand or on a fixed maturity date (that are not construction loan).

1....
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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?

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 27, 2024

In general, if there is any trust or will, the assets (heritage) is distributed according to that document. It is possible to contest the trust or will in certain circumstances. If there is no will or trust, when a descendant dies, the heir that he would have received, would go to the... View More

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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

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

Your insurance policy governs your and your insurance performance. Check there is the provision in your policy that states "structural changes" to property makes the agreement viable.

Even if such a language exists, you should evaluate:...
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3 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

Delaram Keshvarian
Delaram Keshvarian
answered on May 11, 2024

Thank you for your question!

You do not need to be competent to be the beneficiary of a trust, but you need competency to be a trustee.

The sister here should have received her benefits under the trust regardless of her incapacities (except under certain situations that were...
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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?
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 27, 2024

The issue has two different components: 1.Trust 2.Mortgage

1. Trust: When the title of a property is in trust, the trustee make decisions about the management of the title according to trust words. Even though, There are ways to challenge trustee or trust itself, usually beneficiaries have...
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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

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

There are some ways to obtain the title of the land or real property that does not belong to you when the owners are sleeping on their rights. One of them is through Adverse possession.

Adverse possession requires the claimant of the title to...
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2 Answers | Asked in Personal Injury and Criminal Law 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?

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

1. Civil or or Criminal Nuisance

Nuisance is anything injurious to health: (including but not limited to) indecent or offensive to the senses, obstruction to free use of property, interfere with the comfortable enjoyment of life or property,...
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