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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Properties less than 15 yrs old exempt from just cause California notice of non renewal
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answered on Mar 28, 2024

Under California law, there's an important consideration when discussing the notice of non-renewal for rental properties, especially in the context of "just cause" eviction standards. Properties that are less than 15 years old are generally exempt from the "just cause"... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Can I file a lawsuit against my previous landlord for wrongfully evicting me?

I was evicted from my home for the "just cause" reason of the landlord wanting to sell the property. However, the landlord never put the property up for sale and is now being advertised for rent again online. Isn't there something I'm able to do? It was also done while the... View More

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answered on Mar 28, 2024

Under California law, if you believe you were wrongfully evicted under the guise of "just cause" for selling the property, but then discover the property is being advertised for rent again, you may have grounds to take legal action. The California Tenant Protection Act of 2019 provides... View More

3 Answers | Asked in Legal Malpractice and Real Estate Law for California on
Q: how do i file a malpractice lawsuit against my attorney

breach of contract claim X.

My Atty grossly overbilled me.

My attorneys fees are 3x my claim.

My lawyer is compounding this error by now seeking to be relieved as counsel.

Knowing I have pending motions.

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answered on Mar 27, 2024

In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help... View More

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1 Answer | Asked in Real Estate Law for California on
Q: Hello :) I purchased a Townhouse end of year 2020. Howecer only final statement shows Mortgage, Tax property, HOA

Payments along with other fees ( not secondary sub association information) after a year later a purchasing my place I received an invoice stating I need to pay late fees and charges for every month when I did not aware of any other HOA fees nor received any type of bills from “ Stevenson Ranch... View More

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answered on Mar 26, 2024

In California, if you were not informed about the secondary homeowners association (HOA) fees at the time of purchasing your townhouse, you may have grounds to dispute the charges, especially if this was due to a lack of disclosure by the seller. Under California law, sellers are required to... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Elder Law for California on
Q: Can a tenant be asked to move after a property sale because owners moved to assisted living?

There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More

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answered on Mar 26, 2024

In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More

1 Answer | Asked in Real Estate Law for California on
Q: how long before a deeded easement can be terminated Can said easement be terminated without all parties approval

3 separate deeds are associated with said easement. One person is trying to prescribe it to himself. We are trying to stop it.

He has it blocked off and gated.

Is he trespassing?And can a peace officer force the re opening of the easement?

He is trying to show abandonment.... View More

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answered on Mar 25, 2024

Under California law, a deeded easement can typically be terminated only with the agreement of all parties involved, through a court order, or through abandonment or non-use over a period prescribed by law, usually five years. However, non-use alone, without intent to abandon, is generally not... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Does the Ellis Act restrict me from renting out a room in my primary residence?

I am buying a unit in a tenancy-in-common that was converted from a rental property under the Ellis Act. I will live in the home and it will be my primary residence. I would like to get a roommate to share living expenses and would charge them rent for my spare bedroom. I know that the Ellis Act... View More

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answered on Mar 25, 2024

The Ellis Act provides landlords with the right to exit the rental market by removing all units from rental use. This legislation primarily addresses situations where landlords wish to stop leasing their properties altogether and not when a homeowner wants to rent out part of their primary... View More

2 Answers | Asked in Real Estate Law for California on
Q: do notice of non renewal of lease have to be hand delivered? if emailed is that a legal way to give to tennant

in california - apartment

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answered on Mar 24, 2024

In California, the method for delivering a notice of non-renewal of a lease for an apartment is governed by state law, which is designed to ensure that both landlords and tenants clearly understand the terms and conditions ending the tenancy. It's important for landlords to follow these... View More

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1 Answer | Asked in Real Estate Law for California on
Q: I have a co-signer on my house how can i get them off if they been acting like a delinquent

He left with two months rent and almost i almost lost the house im trying hard to keep my house

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answered on Mar 24, 2024

In California, removing a co-signer from a house mortgage involves a few steps, and your approach will depend on the specifics of your situation. If the co-signer has agreed to be removed, the most straightforward method is through refinancing. By refinancing the mortgage in your name alone, you... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??

Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??

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answered on Mar 21, 2024

In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I am a 72-year-old man in L.A. County with two renters. They have been given noticed to vacate in two months.

I want to sell the property (which I also live on) and move to Illinois to live with my daughter. The animosity I'm getting is keeping me up nights. Should I just get up and leave to spare myself the bad vibes I feel? My wife died in December and I lost her $1,100 social security. I... View More

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answered on Mar 21, 2024

It's understandable that you're feeling overwhelmed given your current situation. Deciding whether to stay or leave your home before selling it is a personal decision, but it's important to consider your health and well-being. If the tension with your renters is causing significant... View More

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Arbitration / Mediation Law for California on
Q: Can I sue my family if they were the one's responsible for the foreclosure and the medical debt, and the falsified doc.

The Power of Attorney they made me sign in another place they made me go, and it was Mexico, and they said it was for the ability to rent my house out, so I wouldn't lose it. And they used it to run their business, and they put ownership in their names, and in their trust, and they didn't... View More

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answered on Mar 21, 2024

Under California law, you may have grounds to sue if your family used a Power of Attorney to defraud you, resulting in foreclosure and medical debt due to their actions. Misuse of a Power of Attorney, especially to falsify documents or to alter property ownership without consent, is a serious... View More

2 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Family Law for California on
Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
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answered on Mar 20, 2024

Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More

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2 Answers | Asked in Real Estate Law for California on
Q: Can HOA capital improvements to common areas trigger a property tax reassessment for the individual owners?

I'm a condo owner in a 3 unit building in San Francisco. We are in the beginning stages of working with a contractor to expand the shared garage to add additional parking. Right now its a 1 car garage the owners rotate use of each month but with these plans each unit will have their own spot.... View More

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answered on Mar 20, 2024

Under California law, property tax reassessment can occur when new construction is completed or when there's a change in ownership. However, improvements to common areas by a homeowners' association (HOA), such as expanding a shared garage, may not directly trigger a reassessment of... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: what does it mean when the writ of execution by possession is stamped with " the clerks office will set hearing date?
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answered on Mar 17, 2024

When a writ of execution by possession is stamped with "the clerk's office will set hearing date," it indicates that a court hearing will be scheduled to address the matter further. This is part of the legal process where the court will review the details surrounding the writ, which... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can the Board revoke rental privilege if the owner is constantly late on Condo monthly dues ? Calif.

Landlord/ unit owners get $thousand of dollars in rent, yet can not pay $400.00 in monthly dues on time. chronic late payers.

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answered on Mar 13, 2024

In California, a homeowners' association (HOA) or condo board has the authority to enforce its governing documents, including bylaws and CC&Rs (Covenants, Conditions, and Restrictions). However, the ability to revoke rental privileges due to late payment of dues depends on the specific... View More

Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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1 Answer | Asked in Real Estate Law for California on
Q: After Screening &credit ✅️ a12 m lease sign in SF move in date 3/8/2024 can the landlord cancel the lease in 3/6/2024
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answered on Mar 11, 2024

Under California law, a landlord cannot simply cancel a legally binding lease agreement without cause after it has been signed by both parties. Once a lease is signed, both the landlord and tenant are obligated to adhere to the terms of the lease for the entire duration, which in this case is 12... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.

My mom just recently received the summons and he's asking for 50% of the house that I live in.  He helped me buy it by lending me his credit.  I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he... View More

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answered on Mar 10, 2024

Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:

1. The condo is in your name, not your mother's or her husband's. It sounds like you are...
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1 Answer | Asked in Small Claims and Real Estate Law for California on
Q: Can you file a lawsuit in small claims for attorney cost for to obtain for a wrongful temporary restraining order?

The temporary restraining order was dismissed by the court but for approximately two months I was banned from entering any property that my homeowner controlled like the clubhouse, restaurant, fitness center or other areas they controlled. I was still required to pay my association dues of... View More

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answered on Mar 9, 2024

In California, you can file a lawsuit in small claims court to recover attorney's fees and other costs incurred due to a wrongful temporary restraining order (TRO). However, the success of your claim will depend on the specific circumstances of your case and the court's interpretation of... View More

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