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Questions Answered by David J. O'Connell
1 Answer | Asked in Real Estate Law for California on
Q: Can a court appointed referee charge me 10,000 per month evermonth the house is on market?

I am in the process of moving in to my second home, and am selling my home. It's been a tough ordeal as I have family issues. Short story: I was forced into sailing my house and splitting proceeds with my brother. The court assigned us a court referee for partition.

On the initial... Read more »

David J. O'Connell
David J. O'Connell answered on Nov 14, 2018

The answer to your question will depend entirely on what the Court's partition order says. If the court has ordered a partition, and limited the fees as you suggest, then the referee's fees cannot exceed the court order. But, if the court order states a certain fee to be paid to the... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Can my landlord tow my car?

I moved to California from Texas and my Texas tags on my car have expired. My landlord sent me a text saying if I didn't clean my car, she would have it towed out of my spot because of my expired tags. I park my car in a gated garage/car port that I pay for. Can my landlord tow my car out of... Read more »

David J. O'Connell
David J. O'Connell answered on Jun 20, 2018

Just to be clear, this is about two things. First, California requires anyone that resides in the state for 30 days or more to register their vehicle with the DMV. This is routinely ignored, but you should do it anyway.

Second, your landlord probably has a term in the rental agreement or...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I live in California and i’m month to month on my lease

I live in California and i’m month to month on my lease, have been for the past year. Today I get a note on my door, printed out from Microsoft word (in broken English) saying I need to add $30 to my rent every month for pet rent. Is this allowed? Do they need to give me proper documentation?

David J. O'Connell
David J. O'Connell answered on Jun 20, 2018

I agree with Mr. Grossman. Your landlord is entitled to give you notice of increase of rent, for whatever reason, if that notice is in writing. And, unless a pet provision is included in the rental agreement, the landlord may assess additional rents to anticipate the damage a pet might cause.... Read more »

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