Is that legal for him to unlock the doors and allow the cops in?
That is not legal in the State of California. See, for example, Civil Code section 1954.
If the deed names you as the person to whom the property is transferred upon death, or if you are listed as a joint tenant, then no, probate will not be required. You do have to take care of the correct paperwork.
We are a couple, both over 55, who own our own company. We have credit over 800 (each of us) , joint income over 100k, and savings that would cover rent for several years. We tried to rent in a 55 + community to see if we like it before we buy there. One unit was $2200 and the other $2400. Both... Read more »
Unfortunately for you, the general rule is that a landlord is not required to rent to anyone they do not want to rent to. Very notable exceptions include discrimination against members of protected categories, but self employed is not one of those categories. The good news is, despite these... Read more »
I live in a residential apartment complex in Los Angeles. I've never had a late payment, despite COVID. Although, due to COVID all the amenities in this complex have been shut down (I believe my rent includes the cost of these amenities). Also, the general safety-level of the overall... Read more »
No, the COVID-19 related legal changes do not allow cancellation of a lease under the circumstances you describe.
Grant Deed cites "Mr X and Ms. Y and Mr Z and Mrs Z, husband and wife as community property with right of survivorship." Mr & Mrs Z manage 2 rental units; separately Mr X and Ms Y serve eviction for owner move-in on the 3rd unit. Wouldn't the eviction need to be served by Mr... Read more »
You should do your own homework assignments.
My friend & I were in a boat fire and suffered 3&4 the degree burns over large amounts of our bodies. We were hospitalized for over a month while intubated coma. How do I file a claim for damages?
It almost never makes sense for an injured person in California to handle their own personal injury claim. The more serious the claim, the less sense it makes. Insurance companies can and do take advantage of unrepresented people, and injured people who have lawyers tend to get much more... Read more »
I'm purchasing a property that requires owner occupancy, but property has 2 tenants with leases until next year. I have 60 days to owner occupy. How can I legally occupy the home within 60 days when the tenants have contracts in place?
Read the leases; there is a small chance they may contain an early termination clause in the case of a sale of the property. If not, you can attempt to negotiate a buyout.
Does Subpoena for employment records in personal injury case (claiming loss of income) only include demand for salary history? Or does it include complete employment records including all job applications and resumes kept at each employer?
Usually, it will include all records, not just salary history. Defense attorneys love to dig through employment records and medical records. If you need the scope of the subpoena limited, you may need to (promptly) make a motion for a protective order. Before making such a motion, you must make... Read more »
My mother passed. Recently she added my brother as joint owner of her property as I confirmed with the county assessor. I am not sure if they contacted the mortgage lender to add him on the loan as he is unemployed and I doubt would qualify. If there is no will or trust does the entire property go... Read more »
If he was added as "joint tenants", he gets it all. If he was added as "tenants in common", you and your sister get 1/3 of her half (probate likely required). If he was listed as "transfer on death", he gets it all. This assumes you, your sister and your brother are the only heirs.
I have 4 aunts which got a large portion and I got 10,000 out of hundreds of thousands
The short answer is yes, you can get your father's share. Figuring out what his share is, is not so simple. It depends on how title to property and accounts was held, and whether there is a will or trust.
if she thought it was continued because of what the online portal said. She also says in her motion she was CERTAIN it had been continued. And yet, she didn’t call or actually verify with a court clerk. I thought it was continued too but when I called I got them after hours so I went up anyway... Read more »
Unfortunately for you, very likely.
It states that the owner can require us to leave if they, their spouse, partner, children, grandchildren, (family want to move in). It says that if they enact it that all they are required to do is pay us 1 month worth of rent, Then she said, don't worry, it won't happen but the owner... Read more »
If you are not comfortable with it, don't do it. Find another place. Sign a lease for a term you are comfortable with.
Sorry for your loss. Your question appears in the California section, although you appear to be in Florida. This answer ONLY applies to property in California. If the deed was given to you, or recorded, prior to her death, then you may not have to go through probate. Whether probate is... Read more »
Defamation, called other tenants work when asked not to . Spread lies to other neighbors. I’ve filed a police report for harassment. Should I take my eviction to court and how do I know I have a good case before goin to court
You may very well have the right to stay. California law provides that after all the tenants in a unit have continuously and lawfully occupied the property for 12 months or more, or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord... Read more »
I signed a lease in March before the Pandemic officially hit USA, I asked to be released in April (due to financial instability from the pandemic lay offs) and they told me no. A month later I received confirmation that my lease had just been signed and executed, I also received my copy of the... Read more »
You may very well be able to. The general rule is that an offer may be withdrawn before it is accepted. The devil is often in the details, so you would be well advised to have a consultation and document review with a qualified attorney, given the potential amounts in play.
Sell it. In the will no one was supposed to live in the house. It was to be sold. Now my uncle has cancer and my cousins are saying that my mom has no rights to the house. What can we do? They are being shady and greedy. I don't care about the money it's my mom's house also. They... Read more »
In addition to Ms. Whitehurst's excellent analysis, it is important for you to have an attorney review the chain of title. Some significant questions are whether probate was necessary or undertaken, whether your uncle was executor/administrator, and whether the quitclaim deed was given before... Read more »
My property manager says it is in the lease
If you are talking about a guest staying with you, yes. A lot of leases do specify the limit to the amount of time a guest can stay. Usually it is a number of days in a given period of time, like "25 days per year" or "3 weeks every 6 months". Your first step needs to be to review your lease.
I have a rental application for a property in renting out and would like for someone to review it
This is a question and answer forum for general legal questions. If you need specific legal advice, you will have to pick an attorney and contact them directly.
Ca Real Estate joint tenancy home, 1 of the owners vacated the property leaving responsibilities, how long before the residing owner can obtain sole ownership?
There is no time limit for what you describe. Ownership does not automatically change (except for death). Unless the other party agrees to transfer their interest, you will have to file a court action.
I won a small claims court case in the sum of $9150 several months ago and the defendant is refusing to pay me. How can I collect this payment or is there someone/some company that can help me attain this?
The courts do not "make" people pay judgements, but there are procedures you or your attorney can use. It helps if you are aware of the debtor's assets, like a bank account. If they own real estate you can file a lien. If they are working you can "garnish" their wages.... Read more »
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