The property was purchased in the early 80's. My parents out us kids on the deed(?) so we all owned it. My mom died in 1989. My dad died in 2003. My step sister says the land us her moms and my dad wanted me to sign a quit claim. I know that's a lie.
Weeds were growing in a drainage ditch; seeds from the weeds invaded the neighboring property and those owners brought an action to abate them as a nuisance. Must the owner of the drainage ditch remove the weeds?
Nuisance claims require that a plaintiff prove the defendant acted (or failed to act) unreasonably, and as a result the plaintiff suffered some kind of harm/annoyance or interference with the use and enjoyment of their property, and that an ordinary person would be annoyed or disturbed by...Read more »
If her estate representative (i.e. executor, trustee) will not respond, seek counsel to represent you in getting the transfer effectuated. I would move on it sooner rather than later. Good luck to you.
My partner and I just purchased a duplex in CA. Both renters were given 60 day notice. One renter moved out before closing and the seller gave back his deposit. The other tenant has not vacated and we took possession of the property. In our closing paper work no deposit money for tenant was put in... Read more »
As the buyer of the duplex, you "step into the shoes" of the previous owner. Which means the seller should have given you the deposit, which is held in trust for the tenant. Since the seller did not give you the deposit, you will likely be out of the money unless you request the deposit...Read more »
While looking at a house, a prospective tenant thought she was opening a closet door but fell down the basement stairs that were actually behind the inward-swinging door. The stairs had no landing or handrails. What is the liability of the agent?
Typically the owner of the house is liable for any incidents that occur on the property. That being said, there are so many factors that can determine liability one way or another. One thing to consider is whether the agent showing the property was aware and had a duty to warn.
I gave the tenant 60 days notice to move out of my property, with a move out date of May 31. The tenant countered with a move out date of May 20 and asked to prorate rent in May. Am I legally obligated to prorate the last months rent? The property is in Torrance, Los Angeles County, California.
If the rental agreement does not specifically address the situation, and the tenant has properly given the 30 days notice, then yes, the tenant may move on any day of the month, and only owes prorated rent for the last month.
I want to make sure this isn't going to create any issues when signing the new lease. We are planning on just overlapping (her paying out the remains 3 months) her current lease because her current lease is cheaper because it is split between roommates she shares the apt with.
Overlapping on leases like this is very common. As long as she's paying the due rent on both properties, it shouldn't be an issue. It's risky to try to pay out the remaining months' rent in a lump sum, however. Usually, the lease language does not differentiate between rent...Read more »
The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void...Read more »
I had a problem ten years ago, and now it is happening again with new tenants in this rental home property across the street. I alerted said neighbors to the issue, they explained homeless are trespassing onto the property. They turned on porch light and shut their gate for a few weeks. Now, the... Read more »
Depending on where you live, it may be a violation of a local law and contacting the City and waiting would be your cheapest option. I would also expect that you have a claim for private nuisance against the neighbor, and you could seek an injunction, but that would be expensive.
If the standing water is located in the common area of the condo complex, then the HOA is responsible for it. If the mosquitos are causing a nuisance, i.e., unreasonably interfering with owners' use and enjoyment of the property, then the HOA should address the issue either with periodic...Read more »
Yes, there is no requirement in California that the person seeking the prescriptive easement needs to be using it to access adjacent property, and there is no requirement that they have to take the shortest path. So long as the proper elements are met, there is a chance the claimant could be...Read more »
of lender issues. Buyers agreed to pay monetary compensation to seller for delayed closing. Parties verbally agreed. Seller as per rule sent 3 day notice through email to perform closing. Buyers denied any compensation, signed the loan docs on 4/23 and ready to close. Escrow cannot close on... Read more »
it depends. more facts are needed and you need to speak directly with an attorney that handles real estate transactions law. you may end up having to pay more (to an attorney, court fees, and in you are in break then damages to the other side) to fight the sale over a 5 day difference so the real...Read more »
Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures
Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do...Read more »
Make a cash offer. Open escrow with a title company if the offer is accepted. Ask the title company to prepare a quitclaim deed from the family member transferring the title to you. Ask the family member to sign the deed and deposit the deed into escrow. Deposit the cash into escrow. The title...Read more »
2 days ago my brother told me that our dad died last March. I live in Missouri and my brother was in prison at the time.The coroner told me that our dad's mom made arrangements for everything. My father told me that there were things he was wanted me to have (pictures and a car). I'm the... Read more »
In California, the decedent’s children are the intestate heirs of the decedent and not the decedent’s parents. If dad died testate (with a Will), the beneficiaries under that Will are entitled to his property. Demand to know why your dad’s mom thinks she’s entitled to the property. If...Read more »
We both want to be able to remain in the home, make improvements, or sell if the other passes away. He wants to ensure his children to receive his share of the proceeds if the house is sold after his death. We may get married and have more children in the future. What is the best ownership... Read more »
Joint tenancy would mean that when A dies, B gets it all. B may not remember or want to give assets to the children of A. B might just meet a new person after the funeral and forget A completely! It happens, and poor A's kids get left out in the cold....Read more »
The neighbors put up bright lights on the front door, gates etc and the glare is coming into our kitchen and front bedrooms. We tried to talk to them and requested to use softer lights or direct back toward their house but they refused to talk. We went to the city, but the code does not have any... Read more »
Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?
He also claimed that he stopped paying the mortgage about 5 months ago... Read more »
Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and...Read more »
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