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Questions Answered by Mr. Robin Mashal
1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord cancel a lease after it's been fully executed in CA?

We signed a lease on a condo yesterday, it is fully executed by all parties. Since it was fully executed, I let our current landlord (who had given us notice as they have to move back to their condo) that we would be out at the end of February. I scheduled movers and utilities for the new location,... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 19, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You need to read over your lease and see what are the conditions precedent for the lease taking effect. Of course, both the landlord and the tenant need to execute the lease, but...
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1 Answer | Asked in Estate Planning for California on
Q: What is substitution of trustee and full reconveyance
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 19, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

When a real property owner borrows against the property, the lender will place lien against the property by recording a Deed of Trust ("TD") with the county recorder's...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I signed a lease with my girlfriend and she left apartment a refuses to pay and has given 30 day notice can she just do
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 19, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If she signed a lease, and the lease term has not expired, her moving out with 30-day notice would be a breach. You need to "mitigate" your damages; that is, you should try...
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2 Answers | Asked in Real Estate Law for California on
Q: I am in a process of closing a house, if the buyer does not vacate the home on the day of closing, how to get possession

I am in a process of closing a house, if the buyer does not vacate the home on the day of closing, how to get possession of the house after closing? (They have one year old child.)

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 19, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are buying the house to use it as your residence, one of the conditions to closing should be that you receive possession of the property. You are free to negotiate different...
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1 Answer | Asked in Divorce for California on
Q: I am the petitioner in my case. If both parties are in agreement what happens if I don't go to our court date?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 19, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have any upcoming court hearing dates, you or your attorney should attend them. To the extent you can reach agreement with the respondent (your spouse), you should be able to...
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1 Answer | Asked in Probate for California on
Q: Father passed away in Jan. this year, his will leaves everything to myself, and my adult brother, evenly,

but without naming an executor, The estate consists of a home which had been paid off, some years back, worth approx. 120,000 and an unknown amount in personal property, savings accts. etc. The reason it's unknown is because my brother, and his wife, had been living with my father for the past... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 19, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Every cause of action has a time limit, often referred to as a 'statute of limitation.' Once the statute runs, you no longer have a cause of action. If you have any causes...
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1 Answer | Asked in Divorce for California on
Q: What can I do when the court that I received a dissolution of marriage through, now has no records of the case?

The case was in Almeda County. 1989-1990. When I requested a confirmation of the dissolution from the CA registrar, they found no record. I then went to the Courthouse where the case was heard, with my papers in hand. They were unable to locate any Records using my name or the case number on my... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 19, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Ask the court Clerk whether the courthouse has an archives department and/or their old files are imaged. If you were represented by a law firm in your marriage dissolution, you can...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Where can I seek help to fill out an answer unlawful detainer?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 17, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you can afford to retain an attorney, that would be your best choice. If you cannot, try visiting a pro bono organization such as Legal Aid Foundation (www.lafla.org), or call...
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1 Answer | Asked in Probate for California on
Q: My father passed away in January, his will directed that my adult brother, and I, would be the benfeciaries of the

estate, I want to petition the court to become administrator, but my brother is unwilling to sign a waiver of bond, and I cant afford the cost, I might add that he could petition to administer, but he's not competent to do so, and I would have to file a petition to have him removed. He's... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 17, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. Did your father's will name an executor? If so, that would be the first person in line to administer the estate. Otherwise, the court will have to...
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1 Answer | Asked in Consumer Law for California on
Q: Fraudulent Home Mortgage - Good Attorney in Northern California that handles this type of a case "Select Portfolio Ser?

Loan was done - loan officer put x-amount down for my income stating that we didn't need proof

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 17, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

To find an attorney you an search online directories (e.g., www.justia.com, www.avvo.com), or you can call your local bar association for a referral (e.g.,...
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1 Answer | Asked in Collections for California on
Q: May a tenant whose rent is being garnished repair and deduct?

I have a judgment against the owner of a rental property. The tenants has been served with notice of a rent garnishment. They claim that the property is in need of repairs which the owner has failed to remedy. May the tenant legally withhold funds to pay for the repairs?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 16, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the tenant is entitled to repair and deduct, she/he may do so regardless of the garnishment in effect. Repair-and-deduct procedures apply in very limited circumstances as set...
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2 Answers | Asked in Landlord - Tenant for California on
Q: do I have to return rent if renter vacated early and I am able to find new renter AFTER the monthly rent was due?

My renter extended her lease till end of Feb. End of Jan. She told me she had vacated the property. She did not give 30 day notice. She paid Feb rent. I was able to find renter to move in Feb. (middle). Do I have to return the rent she paid for Feb. (prorated for the days the the property was... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 16, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If she was a month-to-month tenant, she had to give proper 30 day notice in order to terminate tenancy. However, if you have been successful in finding a replacement tenant, you...
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1 Answer | Asked in Probate for California on
Q: My sister passed suddenly with no will. We shared a home that we purchased together, but my name is not on the title.

My Mom lives with me and also shares financial responsibility as well. What is our next step?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 16, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. If your sister had no estate plan (e.g., will or living trust), and she was the only person on title, you will need to file a petition for probate. The...
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1 Answer | Asked in Real Estate Law for California on
Q: How can I prevent my Ex-husband from entering my house when I put it up for sale? He is a real estate agent in the area.

I am about to sell my home. I plan to have a lock box on the house. I have a concern about my real estate agent ex-husband. This had been our home together, which I now own myself. He vandalized our home before I took complete possession of it. Is there a way I can make sure my vindictive... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 15, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can ask your listing agent to hold on to the property key, rather than using a lock box. If there is credible threat your ex-husband or anyone else may want to vandalize the...
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1 Answer | Asked in Criminal Law for California on
Q: my passport was stolen by a person I know, what should I do?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should notify the legal authorities. Be sure to consult your own attorney to protect your legal rights.

1 Answer | Asked in Probate for California on
Q: Father widower passed Intestate. Sis is in his home with friends. What can I do to make sure his pers. prot.is in place?

Sister has been negligent since he past. Eg. Not telling me he past til 3days after. Did not include me in memorial arrangements. Was not acknowledged as his daughter.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. Since your father died intestate, you will need to petition the court for probate. The court will appoint an administrator for the estate. The...
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1 Answer | Asked in Family Law for California on
Q: If a spouse purchased a house one month before marriage when if ever does that house become community property?

The deed is in the name of the husband, the couple has been married for 13 years, and the house is specified in a living trust. Is the house community property?

Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the husband has been the sole title holder, all property payments were made with the husband's separate property funds, and no transmutation has taken place, the property...
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1 Answer | Asked in Divorce for California on
Q: I have a property, I bought it before my marriage, if I get a divorced what will happen with the property
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you purchased the property with your separate funds, never used community funds to make payments regarding the property, and you have not granted your spouse any ownership interest...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I have a lease that is until may 31 2015. The House has been sold does new owner honor lease? In ca
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have an unexpired lease when the property is sold, the new property owner should honor it. I suggest you consult your own attorney to protect your legal rights.

1 Answer | Asked in Animal / Dog Law for California on
Q: Is it legal for our nabor to feed our dog milk bones without our permission?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 12, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

As the dog's owner, you have the right to tell your neighbors they should not feed your dog.

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