Lawyers, Answer Questions  & Get Points Log In
California Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: 1031 exchange question

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 »

Jarrett Nila Buchanan
Jarrett Nila Buchanan
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 »

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: If someone passes away and they are the ones on the trust then who own the home now?
Julie King
Julie King
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 »

View More Answers

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: If you are currently in a contract to pay off a property, the end date is still a yr off can you hold payment till then?

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

1 Answer | Asked in Real Estate Law for California on
Q: how much can a new commercial property owner raise rents
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

2 Answers | Asked in Real Estate Law for California on
Q: I bought my home in Dec 2014 in California and I just found that my previous owner has an HELOC against this property.

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: I bought my home in Dec 2014 in California and I just found that my previous owner has an HELOC against this property.

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 »

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: In an unlawful detainer jury trial for nuisance the jury said I did not violate or breach my lease and refused to answer

#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 ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I've lived apt for 7 years now. The person who moved below me 4 yrs ago complains constantly re minor noise.

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: I have sign a quit claim papers on our property 15 years ago by mere pressure and I want to file for divorce.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My sister's an I were left some property by our grand father an grand mother in Arkansas, I live in California an didn'

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 »

Julie King
Julie King
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 »

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My sister's an I were left some property by our grand father an grand mother in Arkansas, I live in California an didn'

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: Regarding Calif Civil Code 845, repair and maintenance of a private right-of-way easement -

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

3 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I own a home that was quit claimed to me by my mother a few years ago. I am in the process of selling the home

Do I need to get title insurance on the quit claim deed before conveying the home to another entity?

Maurice Mandel II
Maurice Mandel II
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 »

View More Answers

3 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I own a home that was quit claimed to me by my mother a few years ago. I am in the process of selling the home

Do I need to get title insurance on the quit claim deed before conveying the home to another entity?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

1 Answer | Asked in Real Estate Law for California on
Q: Does a condo HOA have a duty to make sure homeowners are maintaining their exclusive use balconies?

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: What requirements needed to file adverse possession in AZ, when deed is under deceased owner & back taxes are due, and I

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: The landlord of my warehouse brought me a bill because someone stole the electrical wiring from the roof of the building

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 »

Maurice Mandel II
Maurice Mandel II
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 »

View More Answers

2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: The landlord of my warehouse brought me a bill because someone stole the electrical wiring from the roof of the building

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

2 Answers | Asked in Real Estate Law for California on
Q: Are individual directors permitted to ask the HOA attorney questions about the legal advice they give to the board?

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Do I have the rights of a residential tenant & can I sue owner for the value of my items that were in the building?

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

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.