California Land Use & Zoning Questions & Answers
Q: What motion can I file at this point? Originally my mom was being sued by a tenant in common.
1 Answer
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Land Use & Zoning, Landlord - Tenant and Real Estate Law
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California
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Answered on Feb 11, 2019
Answered on Feb 11, 2019
Thomas A. Grossman's answer
There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else? And why is the plaintiff not in jail if someone murdered your father after being induced by the plaintiff to take a new job? Is there a criminal investigation going on? Where is the property located? Whose names are on...
There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else? And why is the plaintiff not in jail if someone murdered your father after being induced by the plaintiff to take a new job? Is there a criminal investigation going on? Where is the property located? Whose names are on...
Q: I rent a room in my landlords home. I installed a locking doorknob when I moved in and I have the only key.
1 Answer
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Land Use & Zoning, Landlord - Tenant and Real Estate Law
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California
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Answered on Feb 9, 2019
Answered on Feb 9, 2019
Thomas A. Grossman's answer
Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days are up you can stay or go. In busy resort areas, you may have to leave on your last day if the Hotel is booked up.
Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days are up you can stay or go. In busy resort areas, you may have to leave on your last day if the Hotel is booked up.
Q: A truck was abandoned on my property, can I put a mechanics lien on it?
1 Answer
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Real Estate Law, Civil Litigation and Land Use & Zoning
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California
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Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
You can report this to the police, who may in turn have it cited and towed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
You can report this to the police, who may in turn have it cited and towed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
Q: what can I do about my neighbors throwing rocks at house and making banging noises outside sometimes?
1 Answer
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Real Estate Law, Civil Rights, Constitutional Law and Land Use & Zoning
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California
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Answered on Nov 18, 2018
Answered on Nov 18, 2018
Q: I have document s of of former landlord who fordury marriage certificate and life insurance over10idenitys
1 Answer
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in
Business Law, Insurance Defense, Land Use & Zoning and Mergers & Acquisitions
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California
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Answered on Jul 15, 2018
Answered on Jul 15, 2018
Thomas A. Grossman's answer
You have not explained what is going on, nor what you want to be answered.
You have not explained what is going on, nor what you want to be answered.
Q: How do I settle a property line dispute? The owner threatening to tear down my fence & move over
Thomas A. Grossman's answer
Your question is too complicated to answer without seeing all the documents and facts involved. I suggest you contact a local attorney near you for advice. Boundary disputes are often very expensive, and the outcome usually depends on the documents. Good Luck.
Your question is too complicated to answer without seeing all the documents and facts involved. I suggest you contact a local attorney near you for advice. Boundary disputes are often very expensive, and the outcome usually depends on the documents. Good Luck.
Q: After 7 years of representation in a real estate matter, our attorney said we should consult a "real estate attorney".
2 Answers
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Civil Litigation, Land Use & Zoning and Real Estate Law
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California
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Answered on Jun 26, 2018
Answered on Jun 26, 2018
Thomas A. Grossman's answer
I can't tell with the short facts that you have stated, but it sounds like your attorney may not have been competent, especially if he only recently stated that you should see a real estate attorney. I wonder if the attorney had a real estate license of broker's license. At any rate, I can't imagine a case going on for 7 years without either you getting suspicious, or your attorney not disclosing that the matter was over his head. Then again, some attorneys (especially attorneys who work...
I can't tell with the short facts that you have stated, but it sounds like your attorney may not have been competent, especially if he only recently stated that you should see a real estate attorney. I wonder if the attorney had a real estate license of broker's license. At any rate, I can't imagine a case going on for 7 years without either you getting suspicious, or your attorney not disclosing that the matter was over his head. Then again, some attorneys (especially attorneys who work...
Q: In a mobile home park Can a landlord Dump onto tenants lawn.
2 Answers
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in
Elder Law, Land Use & Zoning, Landlord - Tenant and Personal Injury
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California
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Answered on Mar 4, 2018
Answered on Mar 4, 2018
Theodore Allan Greene's answer
This doesn't sound like something they should be doing. Did you have any other witnesses? Did they give any kind of explanation at all? Very strand behavior. You should consider consulting with a local attorney to see what options you might have.
This doesn't sound like something they should be doing. Did you have any other witnesses? Did they give any kind of explanation at all? Very strand behavior. You should consider consulting with a local attorney to see what options you might have.
Q: What legal steps do i take to rid of somone i allowed to live in my house that i own for 5years free of charge&contrac
1 Answer
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Civil Rights, Estate Planning, Land Use & Zoning and Landlord - Tenant
for
California
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Answered on Feb 12, 2018
Answered on Feb 12, 2018
Kenneth V Zichi's answer
She IS your tenant, and if she won't leave voluntarily, you evict her the same way you would any other tenant ... it is just that you probably won't be able to claim any unpaid and due rent. If you don't know how to 'terminate' the tenancy, you should contact a local landlord/tenant lawyer to make sure you don't skip any steps that will make the process take longer than it would otherwise.
-- This answer is offered for informational purposes only and does not constitute legal advice or...
She IS your tenant, and if she won't leave voluntarily, you evict her the same way you would any other tenant ... it is just that you probably won't be able to claim any unpaid and due rent. If you don't know how to 'terminate' the tenancy, you should contact a local landlord/tenant lawyer to make sure you don't skip any steps that will make the process take longer than it would otherwise.
-- This answer is offered for informational purposes only and does not constitute legal advice or...
Q: If my neighbor throw a ball into my house many times, what can I do and what is my rights?
1 Answer
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Civil Rights, Land Use & Zoning and Real Estate Law
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California
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Answered on Jan 16, 2018
Answered on Jan 16, 2018
Louis George Fazzi's answer
Keep the ball. If the neighbor causes damage with the ball, then you can hold the neighbor responsible for whatever damage she caused. If the situation escalates, you can always call the police and make a complaint against your neighbor. You could even go to court and file a claim of harassment against your neighbor for disturbing your peace and quiet.
Keep the ball. If the neighbor causes damage with the ball, then you can hold the neighbor responsible for whatever damage she caused. If the situation escalates, you can always call the police and make a complaint against your neighbor. You could even go to court and file a claim of harassment against your neighbor for disturbing your peace and quiet.
Q: I am currently in Escrow and had the inspection done. We noticed trees that we believe to be on our property
1 Answer
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in
Insurance Bad Faith, Land Use & Zoning and Real Estate Law
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California
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Answered on Jan 12, 2018
Answered on Jan 12, 2018
William John Light's answer
This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). Whether you, as new property owner are liable, is something a a real estate attorney should be retained to evaluate. It may be something that can be passed on to the prior owner, but it appears to be an obvious and open condition, so it might be difficult to claim that it wasn't disclosed, and you purchased the problem with the house....
This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). Whether you, as new property owner are liable, is something a a real estate attorney should be retained to evaluate. It may be something that can be passed on to the prior owner, but it appears to be an obvious and open condition, so it might be difficult to claim that it wasn't disclosed, and you purchased the problem with the house....
Q: My property has 300' of street frontage. I maintain roughly 285' which is the land between the curb and my property line
3 Answers
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in
Personal Injury, Land Use & Zoning and Real Estate Law
for
California
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Answered on Dec 5, 2017
Answered on Dec 5, 2017
Dale S. Gribow's answer
to answer this correctly a lawyer would need to know what you mean by dangerous and whether it should be the responsibility of someone else to maintain...such as city???
to answer this correctly a lawyer would need to know what you mean by dangerous and whether it should be the responsibility of someone else to maintain...such as city???
Q: My mom has a neighbor that is building a structure on land that belongs to her. How do we stop it?
1 Answer
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in
Land Use & Zoning and Real Estate Law
for
California
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Amanda M Rokita's answer
An unauthorized trespass on another person’s property is called an encroachment. First, one must confirm that the area of land in dispute is in fact owned by your mother. This can be done by hiring a professional surveyor to survey the land to confirm the property boundaries.
Once it is confirmed that there is an encroachment on the property, I suggest your mother speak to the neighbor and let them know that they are encroaching upon her property and ask them to remove the structure...
An unauthorized trespass on another person’s property is called an encroachment. First, one must confirm that the area of land in dispute is in fact owned by your mother. This can be done by hiring a professional surveyor to survey the land to confirm the property boundaries.
Once it is confirmed that there is an encroachment on the property, I suggest your mother speak to the neighbor and let them know that they are encroaching upon her property and ask them to remove the structure...
Q: Can my nabor close off a road to make speed bumps and other road obstacles to impair our ability to drive on said road?
1 Answer
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in
Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law
for
California
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Answered on Sep 6, 2017
Answered on Sep 6, 2017
Ali Shahrestani, Esq.'s answer
Has he built this road on his private property? Is the road your only form of accessing your property? Is he in compliance with city laws re: construction of the road? You can access copies of construction permits at the County clerk's office. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Has he built this road on his private property? Is the road your only form of accessing your property? Is he in compliance with city laws re: construction of the road? You can access copies of construction permits at the County clerk's office. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?
2 Answers
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in
Real Estate Law, Land Use & Zoning and Municipal Law
for
California
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Answered on Aug 16, 2017
Answered on Aug 16, 2017
Gerald Barry Dorfman's answer
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
Q: Is the a law that requires California motels to change bedding, furniture,drapes and linens periodical?Where can I rev
1 Answer
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in
Gov & Administrative Law, Land Use & Zoning, Consumer Law and Business Law
for
California
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Answered on Jul 25, 2017
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
Q: My neighbor is selling his home with several building code violations that affect my property.How can I remedy b4 sale?
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Civil Rights
for
California
on
Answered on Jul 12, 2017
Answered on Jul 12, 2017
Ali Shahrestani, Esq.'s answer
You can report such violations to the city, and you might be able to sue as well for trespass and related wrongs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
You can report such violations to the city, and you might be able to sue as well for trespass and related wrongs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
Q: Do i have to pay my landlords stay in out property we rent? And doni have to pay for his goats water bill?
2 Answers
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
California
on
Answered on Jun 10, 2017
Answered on Jun 10, 2017
Ali Shahrestani, Esq.'s answer
Here are some useful links for you:
CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
Security Deposit issues: http://www.courts.ca.gov/1049.htm
Repairs and Maintenance: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml
Habitability Complaints: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml
Co-Tenant/ Roommate...
Here are some useful links for you:
CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
Security Deposit issues: http://www.courts.ca.gov/1049.htm
Repairs and Maintenance: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml
Habitability Complaints: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml
Co-Tenant/ Roommate...
Q: How can we acquire a strip of yard from our neighbor?
Ali Shahrestani, Esq.'s answer
If there is an easement, that would help. Or you can offer to buy an easement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
If there is an easement, that would help. Or you can offer to buy an easement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Q: Can I get a license to grow and harvest marijuana on my farm in Nebraska?
1 Answer
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in
Criminal Law, Agricultural Law, Environmental and Land Use & Zoning
for
California
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Answered on Jun 1, 2017
Answered on Jun 1, 2017
Ali Shahrestani, Esq.'s answer
Contact a Nebraska lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Contact a Nebraska lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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