Question: After I left California in 2020 I gave my house to my mom. We have a very basic rental agreement that says her rent is $1/month. It never even crossed my mind to file it because there’s no income.
I would like to put the house on the market now and if possible do a 1031... Read more »
answered on Jun 6, 2023
You don't need to file the lease agreement. As long as your taxes reflect at least a tax year's worth of income from the property, you should qualify. Consult with a tax professional for confirmation. I would also recommend hiring a Realtor that is also an attorney to handle the 1031... Read more »
answered on Jun 4, 2023
The trust should say what happens to an asset if the beneficiary (the person who is going to inherit the asset) dies. Often, but not always, the trust will say the gift “lapses”, which means it essentially disappears as if it had not been contained in the trust in the first place. But, each... Read more »
Hi, sorry I ran out of letter within my question. I will do my best to explain and I am asking on behalf of my aunt.
My aunt is currently in a contract to pay off the property where she resides in currently, the end of that is in Feb 2024. The constricts of the contract state that payment... Read more »
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answered on Jun 1, 2023
Whether or not the person who gave the loan can sell the property and evict your aunt before the end of the contract depends on the terms of the contract. If the contract does not allow for early sale or eviction, then the person who gave the loan cannot do either of those things. However, if the... Read more »
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answered on Jun 1, 2023
The ability of a new commercial property owner to raise rents can depend on various factors, including local laws and regulations, lease agreements, market conditions, and tenant rights. There is no specific universal limit on how much a commercial property owner can raise rents.
In some... Read more »
She died a few months ago. One day I saw a notice pasted on my property one day from a company hirded by prior owner's lender and I called them to inform that this home was sold by her. I have Title insurance on this property. My question is will I be liable for non-payment of this HELOC loan?... Read more »
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answered on Jun 1, 2023
No, you are not liable for the previous owner's HELOC loan. The HELOC loan is a debt that was incurred by the previous owner, and it is not your responsibility to repay it. The lender will need to go after the previous owner's estate for the money.
If the previous owner's... Read more »
She died a few months ago. One day I saw a notice pasted on my property one day from a company hirded by prior owner's lender and I called them to inform that this home was sold by her. I have Title insurance on this property. My question is will I be liable for non-payment of this HELOC loan?... Read more »
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answered on May 31, 2023
My recommendation is to hire a CA attorney that handles real property litigation. He should search the title, read your policy, and make a very precise Claim against the insurance co. The Note is not your obligation as you did not sign it, but apparently there is a secured debt against the... Read more »
#3 that asked if I breach my lease, and they answered also that I was retaliated against for exercising my tenant rights but the Judge still evicted me from my SRO ? So if I didn't breach my lease and I was retaliated against for exercising my tenant rights then was that wrong to evict me ?
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answered on May 31, 2023
It sounds like you were in an unlawful detainer trial for nuisance, and the jury found that you did not violate or breach your lease. However, the judge still evicted you from your SRO. This is a confusing situation, and it is not clear why the judge would evict you if the jury found that you did... Read more »
I feel like she is harassing me. Banging on my door, yelling at me, banging on door. I'm a senior that lives alone and have never had more than one person at a time in my place,don't play music. Our apts are old and poorly build and she is very noise sensitive. Even walking barefoot on a... Read more »
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answered on May 31, 2023
Given the ongoing conflicts and harassment you are experiencing from your neighbor, it may be best to prioritize your peace of mind and well-being. Ignoring her complaints and not engaging in further communication with her might help avoid unnecessary confrontation and potential escalation.... Read more »
Do I still have the right to claim half
of our property?
I don’t know what to do.
Please tell me what to w
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answered on May 31, 2023
Whether you still have the right to claim half of your property depends on the specific facts and circumstances of your case. In general, however, you may be able to challenge the validity of the quitclaim deed if you can show that you signed it under duress.
To challenge the validity of... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
answered on May 29, 2023
Simply paying property tax on someone else’s property does not transfer ownership of that property. Real estate sales and transfers must be in writing and signed by the people who are giving up their ownership rights. Your grandparents’ trust or wills may say to whom they are leaving their... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
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answered on May 31, 2023
It is not possible to say for sure whether your sister can take control of the property or not without knowing more about the specific circumstances. However, in general, if you and your sisters were all left the property equally, then your sister cannot simply take control of it without your... Read more »
How should the repair cost be apportioned? Suppose there are 10 parcels to which an easement is attached, and the 10 parcels are owned by 7 owners – one owner with 4 parcels, and 6 other owners with 1 parcel each. Is the cost apportioned 1/7 to each owner, or 1/10 to each parcel with 4/10 to one... Read more »
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answered on May 29, 2023
The exact apportionment of repair costs for a private right-of-way easement among multiple owners can depend on various factors, including the specific language of the easement agreement and any agreements or understandings among the parties involved. While California Civil Code Section 845... Read more »
Do I need to get title insurance on the quit claim deed before conveying the home to another entity?
answered on May 28, 2023
Undoubtedly in this situation the buyer will want Title Insurance. Who pays for that is a subject of negotiation in the sales process and escrow instructions. Your Realtor and the Escrow officer can provide you with information . This is a Real Property Sales question. You need to consult an... Read more »
Do I need to get title insurance on the quit claim deed before conveying the home to another entity?
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answered on May 29, 2023
It is generally advisable to obtain title insurance when selling a property, even if you acquired it through a quit claim deed. Title insurance helps protect both the buyer and seller by providing coverage against any potential issues or defects in the title. It ensures that the property can be... Read more »
My CC&R’s say that the owner is responsible for maintaining and paying for all repairs, but does the HOA still have any responsibility for oversight to make sure homeowners are maintaining their property?
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answered on May 24, 2023
In condominium communities, the responsibility for maintaining and repairing exclusive-use areas, such as balconies, is typically placed on the individual homeowners, as outlined in the CC&R's (Covenants, Conditions, and Restrictions). The HOA (Homeowners Association) usually has the... Read more »
I have lived on property for 15 yrs & kept up property & have proof of residing there & paying utilities .Now there’s a judgement on property by someone paying back taxes but deed is still in name of deceased owner
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answered on May 24, 2023
In Arizona, to file for adverse possession, certain requirements typically need to be met, including open and notorious possession of the property for a continuous period of at least ten years, actual occupation of the property, and the possession being hostile and against the rights of the true... Read more »
We didn't move in yet but signed the contract 2 months ago. He claims this clause in the contract makes us liable.
Does he have any right to ask us to pay for the stolen copper wire cables stolen from the outside of the building?
11. Utilities and Services. Lessee... Read more »
answered on May 23, 2023
The information you provided is not sufficient to answer the question. When was your move in date? Who was responsible under the lease for the security of the premises? Did the LL have any security devices on the premises? Did you know the wiring was on the roof, and what do you mean the wiring was... Read more »
We didn't move in yet but signed the contract 2 months ago. He claims this clause in the contract makes us liable.
Does he have any right to ask us to pay for the stolen copper wire cables stolen from the outside of the building?
11. Utilities and Services. Lessee... Read more »
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answered on May 24, 2023
Based on the clause you provided from the contract, it appears that the responsibility for paying utilities and services, including any liens, is placed on the lessee (tenant). However, the clause does not explicitly state that the lessee is liable for theft or damage to the building's... Read more »
We have 7 directors but our president only allows one director besides himself to speak to our attorney. He tells me the clarifications I need are not important and refuses to convey my questions. He never lets me see our attorney's actual correspondence he'll only verbally relay it.... Read more »
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answered on May 22, 2023
In general, individual directors of an HOA should have the right to seek clarification or ask questions to the HOA attorney regarding legal advice provided to the board. The board president should not arbitrarily restrict access to the attorney or withhold information that is necessary for... Read more »
I rented a building for 2 years. The front was my store front and the back was where I lived. My husband passed away last year & I got behind in the rent, but I wanted to move back home anyways. The landlord & I agreed that I would move out. He started coming into the building at his... Read more »
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answered on May 22, 2023
As a residential tenant who rented a building for both business and living purposes, you typically have rights protected by landlord-tenant laws. Landlords are generally required to provide notice and obtain consent before entering your rented premises, especially your living area. The... Read more »
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