Lawyers, Answer Questions  & Get Points Log In
California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: my father passed away and everything was under his spouse he died in a motorcycle accident and she's literally wiped

as they have 2 houses one for her daughters (other property) and this one as mine and my brothers.

she literally wiped his safe out the day before they took him off life support.

she's gotten rid of mostly everything of his belongings.

i just need to know if i have a case

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 17, 2020

Sorry for your loss. It’s unclear whether there is a will or a trust. Please clarify this fact or get an appointment with an attorney because there are certain deadlines that could affect you. Best of luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I sue my property management company in small claims court if they do not do anything about a noisy neighbor?

I have a loud neighbor who produces loud electronic music. I live in an apartment building and it creates quite a disturbance. I have tried talking to them, banging on the wall, calling the cops, calling the property management company, etc. but nothing has worked thus far. I have 6 reported... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

A learned attorney and retired Judge from Texas once said: "You can sue a ham sandwich." Since your lease entitles you to the quiet enjoyment of the property and you are not disturbing others, the LL has the obligation to be sure that other tenants do not take away your quiet enjoyment.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Is it legal for a landlord to restrict use of a common area like a garage if none of the other tenants are complaing?

My friend is one of 3 tenants renting a room and the landlord said the little shack/garage in the back can't be used for working on his motorcycle and that he is not allowed to have anyone work on motorcycles in the back yard either. The landlord said my friend is taking up too much room and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

Short answer: Yes. The LL owns the property and has the absolute right to determine how it is being used. If he decides he does not want the motorcycle worked on, at the property, he has the right to determine that and to put it in a lease. LL are only restricted from imposing lease conditions... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: In which California county do I file the Affidavit of Death of Trustee?

My dad's living trust was created in San Mateo county, and one piece of real estate in the trust is in San Francisco county. My dad passed away and I am the trustee and I live in Sacramento county.

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

You should record an Affidavit of Death in every county in which the decedent owned real property.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: There are 3 rooms in my condo. I've rented each room out individually. Do I still have full rights to the common areas?

I was living in my 3-bedroom condo and renting out the 2 additional rooms. I own the condo. I began traveling and also rented out my own room, essentially renting out 3 rooms individually, instead of the entire unit. Each roommate has their own separate rental agreement for the room that they are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 12, 2020

From your question it seems that the tenants now view you as a non resident LL and want notice of any visits by you or your father/ manager. I think you have to decide whether you have a flamenco or an armadillo. Either you reside there or you don't but you cannot have it both ways.... Read more »

1 Answer | Asked in Real Estate Law and Probate for California on
Q: I inherited Mom's house that has a reverse mortgage on it.

I would like to refinance the loan so that I may remain in the home. I have Letters of Administration, and I just received the final distribution court date, but it isn't until October. Mom passed last December (not sure how long the reverse mortgage company will wait before they want the... Read more »

James Edward Berge
James Edward Berge answered on Jun 11, 2020

You can't transfer legal ownership of the property to yourself without a formal court order upon final distribution of the estate and that won't happen until October. The loan by its terms comes due within 1 year of the borrower's death. Keep your lender informed on the progress of... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can I go forward building a new boundary fence and legally make them pay their half when my neighbor Is unresponsive?

I’ve gone over to my neighbors house several times to talk about replacing the fence and they won’t answer the door. I dropped off a note with an enclosed quote from the fence company I want to use and asked them to get back to me within a week. Still didn’t hear back from them. I went over... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2020

Initially you need to be sure of your boundary. This may require a title search and/or a survey. But then put your fence up, at your own expense. It is not anyone else's financial responsibility. You probably need to flag your boundary where you want the fence company to put the fence.

2 Answers | Asked in Contracts and Real Estate Law for California on
Q: I signed a lease for six months and want to get out in three. How do I go about that?
Marco Antonio Torres
Marco Antonio Torres answered on Jun 10, 2020

Depends on your lease and whether it has an early exit clause and/or a defect that the lease would be rendered invalid. We don’t have enough information to give more specific information- but if neither of the above exists then your best bet may be to negotiate an early exist payment.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can a Landlord collect DOUBLE rent for the same unit, during the month when a tenant is moving out and new tenant in?

My landlord does not offer a 1 year lease option.

They only offer a 355 days option, where they put "by selecting this option I'm declining a 1 year lease already offered".

This landlord makes the EFFECTIVE DATE on 7th, 14th, 24th of the month, and END DATE on odd... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

A landlord cannot collect rent from two different tenants for the same property at the same time. Once the new tenant moves in, the old tenant's obligation to pay rent stops because the LL cannot provide anything of value for the rent.

This opinion is based on the information...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can an HOA force residents to wear face coverings inside areas used to access private residences because of COVID-19?

I live in an urban community of ~250 units in downtown San Diego, CA. Our bylaws allow unrestricted "ingress and egress" to the units. Can the HOA force residents to do things in common areas that MUST be used to access private residences? The talk has mostly been around elevators and stairwells

Maurice Mandel II
Maurice Mandel II answered on Jun 8, 2020

It isn't the HOA that is requiring the face coverings, it is local ordinance, and State law.

Sheltering works, hygiene works and masks work to slow the spread of a disease. Are you in favor of spreading disease? You obviously don't believe in COVID, what is the downside if you...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How much of a reletting fee do I charge for a month to month lease that was broken just 4 days after move in in Calif?
Maurice Mandel II
Maurice Mandel II answered on Jun 8, 2020

The rental agreement will provide you with an explanation of your rights and the tenant's obligations, particularly about giving notice to you in order to terminate the tenancy. You need to refer to this document for that information.

The limit in Small Claims is up to $10,000.00, so...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I purchased a lot for cash & it said it was 10,301 sq.ft., now i find out that the lot is smaller, my options

I live in Daly City, but the lot is in Bullhead City, Az.

Maurice Mandel II
Maurice Mandel II answered on Jun 8, 2020

Typical Attorney Answer: It depends. Before I answer further, you should contact an attorney where you live or in Bullhead, look for an attorney that specializes in real estate.

Now, it depends on the amount of variance. Is it deminimus , like the actual lot is 10,300, or is it...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Refinancing my California condo. Who pays for HOA documents -condo questionnaire & Homeowner's Association Certificatio?

I am refinancing my condo. Lender is requesting for 2 HOA documentation, Condo questionnaire and homeowner's association certification. The HOA management forwarded me to a homewisedocs website who are charging $200 for the documents.

My question is, as a homeowner shouldn't I be... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 8, 2020

You have the privilege of paying the fees in a refi.

These opinions are based solely on the information in the question and no additional investigation into facts has been made. Additional facts could change the opinion. Do not rely exclusively on this opinion without consulting with an...
Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can a 79-year-old woman break a rental lease if she can no longer take care of herself?

The landlord showed up unannounced and she was terrified. She rented the place through a realty company.

Maurice Mandel II
Maurice Mandel II answered on Jun 8, 2020

Your brief question raises numerous issues. Why did the LL show up unannounced? Why was she terrified, did LL do something? What do you mean that she can no longer take care of herself? Is she going to move into an assisted care facility?

If the tenant is incapable to perform the...
Read more »

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: Signed a lease and moved into a new rental last week. Kitchen was not cleaned. What can I do?

There is roach droppings, dead bugs in the cabinets, stuck on droppings and grease in all the corners. I submitted a maintenance request but I still havent heard back.

Maurice Mandel II
Maurice Mandel II answered on Jun 8, 2020

Very sorry to hear your LL treats tenants this way. It happens. you have rights. If I were you I would tell them that you want this cleaned within 24 hours or you will hire your own cleaning company to have them give the apartment a cleaning and deduct it from your next rent payment. Under... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: Hi, What do I need to know about selling a vacant land in San Bernardino County CA?

Is it better to do it by myself? What type of contract do I need? I was looking into few websites that advertise land for sale but I don't know the steps that I need to take to close the sale. Land is clear of debts, taxes paid.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 3, 2020

To start with you should have legal title to the property and if you want to make your life easier, hire a real estate broker.

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: We signed housing contract on Monday escrow opened and on Wednesday night we realized we made a big mistake.

How can we back out of this contract?

Nathan Wirtschafter
Nathan Wirtschafter answered on Jun 3, 2020

“A big mistake” could mean many things.

Generally speaking, if the Seller has breached the contract, the Buyer has three options: (1) finding a loophole in the contract to walk away; (2) suing for damages in an action for breach of contract; and/or (3) filing a lawsuit for specific...
Read more »

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning, Personal Injury and Real Estate Law for California on
Q: Who is liable for a brick wall between city and personal property.

I have kids jumping a brick wall all the time and falling on my yard. The wall runs across my property line from front yard to back yard. The other side is a tree shrub area, sidewalk and street. I want to know if I hold any liability if one of these kids get hurt? Also can I put signs up that face... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 30, 2020

MORE INFO NEEDED.

YOU ARE POSTING ON A PI OR DUI SITE.

YOU NEED TO CONTACT A REAL ESTATE LAWYER.

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: how may I lift a DVRO that requires me to move out of my home while the title is being contested in quiet tile case?
Marco Antonio Torres
Marco Antonio Torres answered on May 30, 2020

There is insufficient information to determine where you are in the DVRO process - is it a temporary restraining order pending a hearing or has a hearing been held and a restraining order after hearing been entered. If the DVRO is currently temporary then you will need to successfully defend the... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Hello! I would like to know what contracts & documents do I need to wholesale real estate here in California?

Is there different contracts/documents for different types of properties? Can the same documents for single homes be used for commercial, mobile homes, land, etc? Also, what licenses do I need to wholesale properties?

Bahram Madaen
Bahram Madaen answered on May 29, 2020

There are tons of forms, and each one is different for Commercial, residential, or mobile homes. Usually, the brokers and agents are specialized in each one, and they prepare the forms. There is software that can do all of them together, and you can get it as a part of your benefit if you are a... Read 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.