California Real Estate Law Questions & Answers

Q: Can my landlord kick me out for paperwork lost on their behalf that I can't replicate?

1 Answer | Asked in Real Estate Law for California on
Answered on Oct 20, 2017

Assuming you do not live in a jurisdiction with eviction controls, you are now a regular month to month tenant. Because you have lived there over a year, they must generally give you 60 days notice to terminate your tenancy. They are not required to offer you a full lease renewal. You should be documenting in writing the exchanges you are having with the manager and corporate. Send a certified letter to one or the other, with a CC to the other one, explaining when the original roommate...
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Q: my tenant is doing commercial still and film shoots at our home without our authorization.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Oct 18, 2017

The answer will be very dependent on the specific terms of your lease or rental agreement. It is unlikely you can prevail against anyone other than your tenant.
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Q: How to legally open and operate marijuana cafe in CA.

1 Answer | Asked in Legal Malpractice, Real Estate Law and Business Law for California on
Answered on Oct 16, 2017

These are not the kind of question for which you can expect free legal advice on the internet. You need to retain an attorney to get in depth legal advice.
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Q: I am a part owner of a 200 acre rice farm in N Calif. I own 24 % along with my sister each owning 24%.

1 Answer | Asked in Real Estate Law for California on
Answered on Oct 16, 2017

I am unclear about your question. The short answer is Yes, it is possible for all owners, except the 9% owner, to sell their ownership shares to you and your sister. You mention a partnership which may imply that there is a partnership agreement of some sort. You should contact a business and real estate attorney to discuss this particular arrangement/ownership structure and to help you structure the sale.
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Q: If a written 1 yr. lease ends but The stays in paying rent monthly, does lease become a month to month lease, or yearly?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Oct 15, 2017

In this type of scenario, it would automatically become a month to month tenancy.
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Q: Half own a property w sibling they are Mia withno interest in property can I file adverse possession to gain full title

1 Answer | Asked in Real Estate Law for California on
Answered on Oct 13, 2017

No, and you likely have not met ALL the requirements. You have acted as a half owner, which is not inconsistent with a co-owner's interest. You have limited options as a co-owner, and you should explore them with an experienced real estate attorney.
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Q: Inherited home with sibling. Sibling is no where to be found for 5 years how can I get home in my name

1 Answer | Asked in Real Estate Law for California on
Answered on Oct 12, 2017

You can file a partition action. You will have to make serious efforts to find him to serve the court papers. If you still can not find him, you can ask the court for permission to publish the summons. After that is done, assuming he does not respond, you can move for a default judgment. However, at that point the property will have to be sold, or you will each just own half. The court can allow for the extra expenses you took care of.
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Q: 20 months at residence now month to month got 30 day notice to move out there selling the property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Oct 10, 2017

Look at your lease agreement to see what the terms of the lease require for terminating your tenancy.
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Q: My landlord stated that her insurance went up so we get a rental increase. Is this legal

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Oct 10, 2017

Read your rental agreement very carefully. I am sure it contains a provision stating that from time to time rental increases may be necessary due to increased costs of operation.
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Q: Serving California 3 Day Notice to Pay or Quit and Notice to Cure or Quit to Tenant.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Oct 9, 2017

You should always serve both at the same time; otherwise, you will need to wait until the last notice served expires before starting your UD proceedings (unless you want to forgo a judgment for the amount owed on the last notice served then you can start your UD proceedings immediately after the first notice served expires).

Anyone over the age of 18 can serve the notice. There are 3 ways to serve the notice.

1. Personal service: You have to give the notice to the person...
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Q: Need help in seller financing paper work of a real estate transaction in Pinole California. Any recommendations?

2 Answers | Asked in Real Estate Law for California on
Answered on Oct 8, 2017

That's easy: Have an experienced real estate attorney advise you and review and/or draft any necessary documents.
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Q: My parents want to add me as a beneficiary to our house but don't want to use a lawyer. Other option available?

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Answered on Oct 6, 2017

Sure, you can 'wing it' and see if what you do might work and spend tens of thousands in legal fees straightening things out when it doesn't work as expected. You could use an 'on line' legal service based in Taiwan and again gamble that what you get will do the job. You can go to an office supply store and buy 'forms' that again might or might not work under the state law where the property is located, hope you record things properly and cross your fingers that the $40 form does what it claims...
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Q: If my mom died, can I get kick out of house if I am the only living son alive.

1 Answer | Asked in Civil Rights, Landlord - Tenant, Probate and Real Estate Law for California on
Answered on Oct 5, 2017

Too much missing information to allow reasonable answer. Please provide details.
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Q: Does Ca real estate law require disclosure of having bre salesperson license now expired in selling home thru agent?

1 Answer | Asked in Real Estate Law for California on
Answered on Oct 4, 2017

There is no law requiring disclosure of an expired real estate license when you are acting as the principle in the transaction. Disclosure is only required when you perform acts which require a real estate salesperson license. However, the REALTOR Code of Ethics may require that you disclose the fact that you, as the principal, hold an expired real estate salesperson license.
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Q: Is it possible to change the name on a commercial sublease? The tenant would still be the same.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Oct 4, 2017

Generally, a Lease Amendment signed by the sublandlord and the subtenant should be used to modify the name of the tenant. However, whether you can change the name on the sublease will depend on the terms of the sublease and, ultimately, the agreement of the parties to do so.
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Q: Is it legal for a timeshare salesman to sell a timeshare contract on the basis of being able to rent it to pay maint.fee

1 Answer | Asked in Business Law and Real Estate Law for California on
Answered on Sep 27, 2017

Probably not. The contract will govern the agreement, and it's very likely that the contract indicates that any verbal representations made during the sales presentation are not binding. Nonetheless, you may have options. I wrote an article on this subject to my state bar association that you can find here: https://www.targheelaw.com/article.

Please let me know if you have additional questions.
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Q: Are there any laws in CA. about a stigmatism of property?

2 Answers | Asked in Business Law, Consumer Law, Real Estate Law and Landlord - Tenant for California on
Answered on Sep 27, 2017

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1710.2.
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Q: CA realtor wrote we pay all closing costs. I asked she said not buyer loans. Buyer wants to make us pay now. Legal?

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 26, 2017

What is legal or not legal would really depend on what the Purchase Agreement and related documents say.

A full consultation would be necessary to properly advise you.

I am a real estate broker in addition to being an attorney.
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Q: if i believe my lanlord is taking out retaliation and making us move ?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Sep 26, 2017

You should report this issue to the Housing Department and Health Department. You can also have an attorney write a demand letter to the LL.

A full consultation would be necessary to properly advise you.
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Q: how do i file a civil suit for broker fraud and negligence? is a contingency possible after reviewing the merits

2 Answers | Asked in Broker Fraud, Real Estate Law and Business Law for California on
Answered on Sep 26, 2017

Sorry to hear you have gone through this situation. YOu should retain a real estate/business lawyer to file a claim.

Depending on the damages and the strength of your evidence, yes, attorneys may be willing to take this type of case on a contingency.

A full consultation would be necessary to properly advise you.

I am a real estate broker in addition to being an attorney.
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