California Real Estate Law Questions & Answers

Q: Can neighbors sue us for adult child who has order not to enter our house but does and creates disturbance?

1 Answer | Asked in Family Law, Personal Injury and Real Estate Law for California on
Answered on Jul 26, 2016

Not clear whose child is entering house? First, no one gets sued for a one off "disturbance." If it's repeated, then there's the possibility it becomes what is called a nuissance case, and that by permitting the repeated activity you are part of the problem. Sounds like less a legal issue than one of setting appropriate boundaries--in more ways than one--and a family therapist may be a better place to start (this is a public website, don't give return details).
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Q: A QUIET TITLE COMPLAINT CONSOLIDATED WITH A UD COMPLAINT. DEFENDANT HAS THE QUIET TITLE COMPLAINT.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Jul 18, 2016

Did the tenant bring a motion to consolidate and has the court granted the motion to consolidate? Just because the case is consolidated, doesn't make the UD case go away. The UD proceedings are only staying pending resolution of the quiet title matter.
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Q: Am I required to pay my listing agent at the end of our contract term if my home has not yet been sold or in escrow?

1 Answer | Asked in Real Estate Law for California on
Answered on Jul 14, 2016

No, not normally. That's only if the agent procures a ready willing and able buyer, and you refuse to close the escrow or some similar situation.
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Q: The plaintiff states that she is legal owner when she filed unlawful detainer, but she isnt. We hat happens?

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Answered on Jul 13, 2016

Whether or not the plaintiff is the owner of the property in an unlawful detainer action is irrelevant. The plaintiff need only show that there was a landlord-tenant relationship with the defendant.
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Q: I'm on disability and have not worked since January 2016, however I still pay my rent on time but having trouble with tr

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Jun 27, 2016

If you are required to pay for trash as a part of your rental agreement, then yes, you can be evicted for nonpayment.
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Q: I reported in writing to the manager of the apts. I live in about water leaks and mold under the kitchen sink and I t

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Jun 27, 2016

Rent increases are legal so long as the landlord gives proper notice. A 30 day notice is required for an increase of less than 10%, and a 60 day notice is required for a 10% increase or more.
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Q: in my current home I have let a friend (disabled) occupy a spare bedroom in exchange for cooking,cleaning, etc.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Jun 27, 2016

The only way to evict her is to give her a 60 day notice and then after the 60 days to start an unlawful detainer action.
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Q: I need to change the title on a joint tenant co-owned home. I want to change it to tenants in common.

1 Answer | Asked in Real Estate Law for California on
Answered on Jun 26, 2016

To sever the joint tenancy, you can use a quitclaim deed to transfer your interest to yourself. That will create a tenancy in common. The other owner does not have to sign.
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Q: My husband says he gave our home to his sister legally! My name is on it also what can i do?

1 Answer | Asked in Real Estate Law for California on
Answered on Jun 26, 2016

If both of you are on title to the house, then by transferring his interest in the home, you will still own one-half with his sister. Have an attorney review the title records to your home to verify.
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Q: Can I get a settlement statement 3 days before closing to review? can I get a preliminary one from the title company?

1 Answer | Asked in Real Estate Law for California on
Answered on Jun 26, 2016

Yes, the things you asked about are common to a real estate closing. You should ask the escrow officer and the title officer for these items.
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Q: My ex boyfriend of 13 years is trying to evict me from the home we shared. He owns the home and the utilities are in my

1 Answer | Asked in Family Law, Landlord - Tenant and Real Estate Law for California on
Answered on Jun 26, 2016

I suggest that you to go the local legal aid for assistance with this tenancy issue.
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Q: Can i return to get the rest of my property after being locked out by the sheriff

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Jun 26, 2016

It depends on the value of the property (at garage sale prices) that you left behind. If you only left behind trash, then the landlord can throw it away.
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Q: Morgage on my name but not on deed, now the house is going in to foreclosure because the person on deed keep the money

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Answered on Jun 26, 2016

About the only procedure to do that is to assert an ownership interest in the house with a quiet title action. Whether or not you can assert such a claim would depend on your facts and circumstances. It's time you sat down with an attorney to discuss your matter.
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Q: Hello. Do I need a broker to rent my aunts house? Can I manage her property?

1 Answer | Asked in Real Estate Law for California on
Answered on Jun 26, 2016

Yes, you can manage her property with a limited power of attorney that only pertains that that property..
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Q: Morgage on my name but not on deed, now the house is going in to foreclosure because the person on deed keep the money

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Answered on Jun 24, 2016

Do you have an ownership interest in the house? Have you paid part of the downpayment or mortgage payments? You may be able to file a quiet title action to asset your ownership interest in the house.
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Q: Hello i wanted to know if after living in a house for 15 years now they want us to move can they do thay

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Jun 24, 2016

Living in the house alone does not give you the right to possession. If you do not have an ownership interest in the home, then you may have to move.
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Q: What legal rights am I rightfull to attempt to seek compensation for my maintance man neglance replacing hot water tank

1 Answer | Asked in Contracts and Real Estate Law for California on
Answered on Jun 19, 2016

You can sue in small claims court for up to $10,000. Here is some information that may assist you: http://www.courts.ca.gov/selfhelp-smallclaims.htm
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Q: I made a settlement agreement in mediation on feb16.2016 i signed grant deed to prop. Over to someone in the event

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for California on
Answered on Jun 19, 2016

Unfortunately, this forum is not suitable to answer your questions. Only after a thorough reading of the settlement agreement and an understanding of the litigation will someone be able to advise you. Please contact an attorney for a full consultation.
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Q: my spouse died with no will how can i get the title of the house in my name without probate

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Jun 16, 2016

I'm sorry, but when there is real estate involved the only way to transfer the property is by an order of the Probate Court. Most likely, as the surviving spouse you will be able to initiate a Spousal Petition that is a quicker, cheaper probate action. Call or email an attorney for a full consultation.
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Q: My rental was leased under false information. Just learned from Planning Dept it was illegally constructed w/o permits

1 Answer | Asked in Real Estate Law for California on
Answered on Jun 15, 2016

Coordinate your move out date with your landlord. You should get your security deposit back.
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