Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: I have tenant who have agreed to terminate the lease early. Can I withhold security deposit completely without cause?

There is no specific penalty, but thee is a clause in the lease which states that in the case of early termination, then the security deposit may be withhold to recover lost rent, commissions, painting fees, and any other charges needed to prepare premises for re-rental. If there's not much... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

As a California landlord, you must follow the state's security deposit laws, which apply even in cases of early lease termination. You cannot withhold the security deposit without a valid reason, as this would violate California Civil Code Section 1950.5.

Your lease clause allows you...
View More

3 Answers | Asked in Estate Planning, Real Estate Law and Business Law for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Sally Bergman
Sally Bergman
answered on Nov 18, 2024

Unfortunately, there is no way to avoid a probate as that is the only way title to the property can be changed from your mother-in-law's name to her heirs. Also, if your husband has any siblings and/or nieces/nieces from a deceased sibling, they will be entitled to a share of the house.

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Ex Parte for Lis Pendens

Does the Superior Court of California, Central District, allow for an pro se ex parte hearing regarding approval of a Lis Pendens that needs an emergency recording due to an upcoming foreclosure Trustee sale?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Based on San Bernardino County Superior Court rules, yes, you can file an ex parte application for recording a lis pendens as a self-represented litigant, especially when facing an urgent foreclosure situation. The court recognizes the time-sensitive nature of pending trustee sales.... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for California on
Q: Limited Scope Attorneys

Are there attorneys that served the Superior Court of California, Stanley Mosk court, on a limited scope representation basis for a pro se litigant in a quiet title foreclosure defense lawsuit? I can't afford full representation.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

Yes, you can find attorneys who offer limited scope representation (also called "unbundled services") at the Stanley Mosk Courthouse in Los Angeles for foreclosure defense and quiet title cases. Limited scope means the attorney handles specific parts of your case while you handle the... View More

2 Answers | Asked in Real Estate Law and Probate for California on
Q: My uncle passed away and his house is in probate, I petitioned for letters of administration

My court date isnt for 2 more months, the issue is when my uncle passed he had a tenant whose rental agreement was up and he was not going to renew it and a freeloader who my uncle had told he had 30 days to get out. How do i get them out as fast as possible. They are destroying the property, they... View More

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Nov 14, 2024

I'm sorry to hear about your uncle passing and the freeloading tenant. I recommend hiring an attorney who may do the following: Secure Letters of Special Adminstration, which will expire when you are appointed Administrator. The petition for special administration should include special... View More

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: Do i still need to submit a notice to vacate 60 days in advance, if they asked me to do some changes after 5 years ?

I received an email from the landlord an offer for renewal my lease with an increase more than 10% , so i text the responsible for that because also in the renewal they add mothly fees extra for 2 parkings that were always included in my lease for over the last 4-5 years. i was waiting the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

In California, if you’ve been renting your home for a year or longer, you’re typically required to provide a 60-day notice to vacate. This applies regardless of changes your landlord might request after several years. Even if your landlord introduces new terms or increases rent, your obligation... View More

1 Answer | Asked in Real Estate Law for California on
Q: I allowed an ex neighbor to store some of his personal property in my land at no cost, big mistake!

I allowed an ex neighbor here in California to store some of his personal property on my land at no cost during the last days of 12/21. We had a verbal agreement and made him sign a hand written agreement saying he had 3 months from the date of his signing to retrieve said property after which it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

You may have legal options to reclaim your property. Start by gathering all your documentation, including the written agreement and records of your communications urging him to remove his items. Sending a formal demand letter can reinforce your request and set a clear deadline for him to act.... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can I cancel my grant deed (cc3412) if lender did not abide by the escrow instruct and the Mil&Veterans Code 987.53(g)?

It was not my intention to convey title to the lender until the contractor completed construction and passed inspection. The lender recorded the grant deed under a fraudulent escrow number; not the lender's escrow number. The lender made a construction contract between the contractor and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Based on the information you've provided, you may have grounds to challenge or potentially cancel the grant deed due to several significant issues.

The sequence of events you've described suggests potential fraud and breach of contract - specifically the lender's recording of...
View More

1 Answer | Asked in Real Estate Law for California on
Q: ROS Duple Property When I purchased this duplex, lease was father name. he hasn't lived in the unit his son lives in.

(1) it's son pay rent, Do I have the right to require him to sign a new lease in his name? (2)Do I have the right to ask him to obtain renters insurance? (3) If he does not agree to sign a new lease or purchase renters insurance, what actions can I take?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

As the new property owner, you have the right to require all occupants to have a proper lease in their name, especially since the original tenant (father) is not living in the unit. The current situation presents liability issues, and having the son sign a new lease would establish a direct... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can call fire come on to my property to inspect for defensive space compliance even though I have no trespass sign?

I live on 2 acres on top a hill. I was told they can look at the property from the mail box which is at the bottom of the property. But they continue to drive up the driveway and help themselves to a look around the whole property.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Yes, CAL FIRE has legal authority to enter and inspect your property for defensible space compliance, even with "no trespassing" signs posted. This authority is granted under California Public Resources Code Section 4291, which requires property owners in designated fire hazard areas to... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Municipal Law for California on
Q: Is there any regulation for a chain used as a barricade to block entry to parking at Leasing office?

I entered the leasing office parking lot of my apartment complex at the night time to execute a U-turn. Unbeknownst to me, a metal chain had been installed across the entrance. This chain was positioned below my line of sight and lacked any warning signs, reflective markers, or cones to indicate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

The installation of chains or barriers across parking entrances must comply with California safety regulations and building codes. Property owners have a duty to ensure such barriers are clearly visible and properly marked to prevent accidents, particularly during nighttime hours.

Under...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I have habitability issues and my landlord is also my roommate. She is willing to live with below standard living condit

I rent rooms in my landlords home . She doesn't seem concerned about most things I have brought to her attention such as mold in the bathroom . The house is poorly insulated and no weatherstripping single pane window the house is very old and in need of attention. How can I get her to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Your situation is challenging since your landlord is also your roommate, which can complicate the usual tenant remedies under California law.

Start by documenting all issues with photos and written records, including dates when you've brought concerns to her attention. Write her a...
View More

1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to forfeit a foreclosure based on untrue and deceptive actions including aunauthorized fraudulent mortgage loans

Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

You appear to be dealing with a serious case of potential mortgage fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations.

Your first step should be to file complaints with multiple authorities: the State Bar of California regarding the...
View More

2 Answers | Asked in Real Estate Law for California on
Q: My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property.

My mother and I were joint tenants in common on a deed to property since 2009. I resided and still do at the property and am still covering the mortgage and all other expenses and renovations. One brother (I have two older) presented a trust AFTER my mom passed. The trust shows him as trustee to... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 10, 2024

If your name was on the deed, there is no way your brother could have legally removed you from the deed. If your mother's portion of the property was placed in her trust prior to her death, then your mother's 50% of the property is subject to the terms of the trust. If your mother did not... View More

View More Answers

3 Answers | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: I rent rooms in my landlords home. The home is very old and needs repair and maintenance. Landlord wants more money

The house is old lacks insulation weather stripping it is poorly insulated very hard to keep comfortable . There is a leak in roof also leak in the wall behind kitchen sink causing water damage underneath the sink and in the cabinetry along the wall. There is mold in the bathroom these a just few... View More

Leon Bayer
Leon Bayer
answered on Nov 9, 2024

It sounds unpleasant. You should move.

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: How to stop a fore closure by my lender mortgage company. I have a personnel loan or hard money loan with the company.

I live at and this my primary residence

James Clifton
PREMIUM
James Clifton
answered on Nov 9, 2024

Stopping a foreclosure on a hard money loan may be very difficult. If this property was your primary residence prior to taking out the loan, you may be entitled to additional protections. However, many times the paperwork that you sign when you take out the loan includes an affidavit where you... View More

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: I'm being asked to have a guarantor in order to rent an apartment. Can a business be a guarantor or must it be a person?

I'm not referring to a business that acts as a guarantor for a fee, but a business run by an individual who I know personally. Does it have to be in the name of that person who owns the business or could it be under the business name itself?

Robert Kane
Robert Kane
answered on Nov 9, 2024

It seems it would be at the discretion of the property owner. The fact the business owner won't do it personally certainly raises a red flag.

View More Answers

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Elder Law for California on
Q: I own my manufactured house but rent the land. What agency in SF Bay area should I file acomplaint for rat infestation

I have photos of the disgusting community garbage area with garbage on the ground, filthy rotten garbage bins and a house right next to me that has a completely open side which is a nesting area for the rats. I have paid $500 to Terminix to clean the crawl space under my house but it needs more... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

You have several options to address this serious health and safety issue. Start by filing a complaint with the San Mateo County Environmental Health Services Division, which handles reports of rat infestations and unsanitary conditions in residential areas.

Next, contact the California...
View More

1 Answer | Asked in Landlord - Tenant, Contracts, Real Estate Law and Land Use & Zoning for California on
Q: I rent 3 rooms in my landlords home for me and my mom.

Mom passed away and I can't afford to pay for the roomi don't use my Landlord has finally agreed to rent the extra room out and posted an ad . I have been showing the room to all interested. She still wants me to pay for the room untill it is rented even though she has agreed to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

I'm very sorry to hear about the loss of your mother - dealing with housing concerns while grieving must be incredibly difficult.

From a legal standpoint, you remain responsible for the full rent payment under your original rental agreement until your landlord formally modifies the...
View More

4 Answers | Asked in Real Estate Law for California on
Q: Hi I have a question. Is it illegal to post voting sings and banners in my property without my permission?
Robert Kane
Robert Kane
answered on Nov 5, 2024

Is it most likely illegal to post voting sings and banners in your property without your permission. Of course, there may be exceptions. A description of your property would be helpful.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.