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 Land Use & Zoning and Real Estate Law for California on
Q: My homeowner is stealing my mail with a double address.

Help mehhhh

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024

Mail theft is a serious federal crime, regardless of the method used. If your landlord is deliberately using a duplicate address to intercept your mail, they are violating federal law under 18 U.S.C. § 1708, which carries penalties including fines and potential imprisonment.

Your immediate...
View More

1 Answer | Asked in Real Estate Law for California on
Q: I put all the down payment on my home.I didn’t have good credit.But,I had a co-signer..Can I move out and charge rent?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2024

Your situation with the co-signer and down payment raises important legal considerations.

The key factor here is whose name appears on the title deed of the property, not just who made the down payment or who has better credit. If you're listed on the title deed, you have rights as an...
View More

2 Answers | Asked in Real Estate Law, Business Law and Civil Litigation for California on
Q: I want to start ASAP a partition to force sale of my uncles duplex which I own 50% do I need cash to pay lawyer now?

I don't know how to get started by myself I need an attorney to help me do this The property is a duplex near Koreatown in LA appraised value was at $1.2M 6yrs ago. I inherited this 50% from my mother. My uncle owns the other 50% and he lives in the main house and rents the other side unit for... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 26, 2024

If there is equity in the property, you do not need to pay an attorney up front for a partition lawsuit. Schedule a free consultation to protect your interest in the property.

View More Answers

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: Another retainer?

My brother delayed his divorce case and now his lawyer wants another retainer. Originally, he paid a retainer and then made monthly payments for services. He doesn't have the money! He can make payments but a lump sum isn't going to happen for a long time; he has been struggling with... 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 26, 2024

Your brother is in a challenging situation that requires careful handling to protect his inheritance rights while navigating California's community property laws.

Many lawyers will work with clients on payment plans, and your brother should have an honest discussion with his current...
View More

1 Answer | Asked in Criminal Law, Real Estate Law, Business Law and Elder Law for California on
Q: Addition to my 1st question regarding my uncle's residence I inherited 1/2 his house HE'S SO PISSED OFF he even hit me.

Honestly this has been a nightmare for me. I inherited from my mom 1/2 his house. She bought property for him as a wedding surprise. She loved her little brother so much but he's so nasty and violent I feel he deserves nothing but whatever. Mom didn't take her name off the title she added... 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 26, 2024

This situation is very serious and requires immediate legal attention, as you're dealing with both criminal actions and property fraud. The physical assault needs to be reported to law enforcement right away for your safety, and you should consider seeking a restraining order against your... View More

3 Answers | Asked in Landlord - Tenant, Contracts, Criminal Law and Real Estate Law for California on
Q: I co-own a fourplex in El Centro CA I live in LA.Other co-owner collects rents, maintenance, now not distributing funds.

I inherited this fourplex from my mother. She bought the building she put all the down payment and put him on title so he would take care of property for her since he lives around the corner from building.

They would split the rental income down the middle he would deposit to her bank... View More

Hasti Rahsepar
PREMIUM
Hasti Rahsepar
answered on Nov 25, 2024

Hello:

You would have to file a breach of contract action against your uncle so long as there is something in writing that you both are entitled to share the profits.

Feel free to contact our office should you have further questions.

Thank you

HDR Law Group...
View More

View More Answers

2 Answers | Asked in Criminal Law, Real Estate Law and Business Law for California on
Q: I inherited half my uncle's residence which is a duplex. He receives rental income I get nothing Can I force him to sale

I'm co-owner since 2009 the property is located in Korea town in Los Angeles ca. 6 years ago I appraised and market was at $1.2m must higher now. Since then my uncle will not speak to me or acknowledge I own half He never splits any rental income with me like he did with my mom He just ignored... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 25, 2024

You can force the sale through a partition lawsuit. In the lawsuit, the court determines if the property can be divided evenly. If the property cannot be physically divided, the court will force the sale of the property. Each party will receive half of the money from the sale subject to offset for... View More

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: can your partner pay your property taxes without your permission?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2024

Yes, anyone can pay property taxes on your behalf in California, even without your permission. This is because property tax payments are tied to the property itself rather than the individual owner, and counties generally accept payments from any source to prevent tax delinquency.

However,...
View More

1 Answer | Asked in Real Estate Law for California on
Q: Guarantor for Aparment

I've applied for an apartment in Los Angeles with a Guarantor. The realtor is saying the Gurantor must commit to more than the one year lease. Can they insist on this?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Under California law, landlords and property managers can set requirements for guarantors as part of their screening process, though these requirements must be reasonable and non-discriminatory. While it's not uncommon for guarantors to be asked to extend their commitment beyond the initial... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for California on
Q: I am 64y old and have been on SS and I have been giving a 60 day verbal notice to move so the owners son can move in.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2024

In California, landlords must provide written notice, not just verbal notice, when asking tenants to vacate for owner move-in situations. This is especially important given your status as a senior citizen on Social Security.

Your landlord needs to follow specific legal requirements,...
View More

2 Answers | Asked in Real Estate Law for California on
Q: Deceased friend written will signed by x and two witness and was notarized. legal way to submit to reverse mortgage co.?

Hand written Will leaves me house and real estate that has a reverse mortgage. Need legal procedure to submit to mortgage company. Send copy or original certified mail?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 20, 2024

The original will needs to be lodged with the court. You need to start a probate case; that is how a will is carried out. Get going before things get out of hand. Start contacting probate attorneys now. The attorney gets paid at the end, although you may need to put up some money for costs.

View More 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 Probate 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

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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

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.