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Questions Answered by Delaram Keshvarian
2 Answers | Asked in Landlord - Tenant for California on
Q: Our apt complex is owned & managed by the San Diego Housing Commission (SDHC) …

We live in an apartment complex owned and managed by SDHC San Diego housing commission my neighbor and me live in two identical units same sq footage same number of br and ba etc is it legal for the landlord to charge me $500 more a month than my neighbor ?? I am a Senior Citizen and I am Disabled... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Thank you for your question!

1. First, you need to ask SDHC what is the reason behind your unit costing $500 more than your neighbor. It can be e.g., a better parking spot assigned to that unit, less noise, or a better view, etc.

2. If there's no reason related to the property...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: In a probate case. Closing date was May 7, 2024. Can't close escrow, uninsured deed Agent left begin/end dates blank

Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person

Delaram Keshvarian
Delaram Keshvarian
answered on May 27, 2024

Thank you for your question!

A valid contract needs mutual assent. This means that unless you sign the agreement, no contact is formed. However, to protect yourself, in a conspicuous language in writing, communicate to the agent that you do not want the agreement to be formed. This way you...
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2 Answers | Asked in Real Estate Law for California on
Q: How do I find my HOA in Long Beach, CA?

I own my condo and have occupied just over one year. My next door neighbor, also an owner/occupant, has lived here for 2-years. Neither of us has received any communication from the HOA, minutes, meetings, ballots, financials, etc. When I first started down this road in 2023, I couldn't even... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can find the information about the HOA in the package of closing documents. You can ask the sales agent. Also, you can search online for the subdivision or community name along with HOA.

This is merely a discussion of general laws and not legal...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Can a lease be terminated after an inspection from Section 8. The owner lied and said we didn't have to move

He lied over and over saying we didn't have to move. We just needed to vacate the premises for the repairs to be made. Then terminated my lease

Been here since 2007.

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

This was a wrongful eviction. A proper notice or good cause must be given to the tenant.

You can sue for damages against the landlord.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Can a landlord refuse hardship one time last payment from social services. I rent a room in her home.

She is also trying to gouge me on floor repair for her own mini fridge motor failing in middle of night.

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

1. Wrongful refusal of acceptance of rent:

The landlord should accept the payment before the expiration of the notice (if any was given) unless there are other valid grounds for eviction (e.g., Beach of a covenant in the lease agreement).

2. The...
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2 Answers | Asked in Probate and Real Estate Law for California on
Q: Inheriting real property from probate

If one of the beneficiaries for the house is married, would the spouse of the married individual be entitled to the property via community property laws (CA)?

We would want the deed to list all owners as "joint tenants".

Would we have to add to the deed that the married... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

1. The property that is obtained through heritage is separate. In California, the tracing method is used for the classification of the properties as community or separate. When tracing back the source of the property (here it is heritage), comes from a separate...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Can I replace smelly 10 year old carpet in a house I’m renting without the landlord’s approval?

I removed the bedroom carpet already and plan to replace all if the carpet with a newer gray color.

Delaram Keshvarian
Delaram Keshvarian
answered on May 22, 2024

Thank you for your question!

When carpet is so damaged and smelly that can raise the issues with habitability, the treatment can request a replacement from landlord. (Written communication with reasons for your request is strongly recommended). This damage should be because of wear and tear...
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2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can a City build 725 apartments within a 1 mile radius without neighborhood input?

The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.

Delaram Keshvarian
Delaram Keshvarian
answered on May 28, 2024

Usually zoning laws determines what density for real estate development is allowed.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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2 Answers | Asked in Real Estate Law for California on
Q: Who receives the down payment when friends sell a jointly owned home?

Two friends buy a house in California (JTWROS). Friend A puts down $50,000. Friend B does not contribute financially. When the time comes to sell the house do they split the $50,000 down payment in half or does friend A receive it all back?

What if Friend A told Friend B he was gifting him... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 22, 2024

Thank you for your question!

A. No Gift: The agreement or intention of the parties at the time of the purchase of the property governs their interest regarding the property share or sale proceeds rather than the $50,000. All the contributions will be considered in this allocation....
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2 Answers | Asked in Consumer Law for California on
Q: I ordered from olive garden for pick up online I got email for conformation they told me to wait outsid
Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Thank you for your question!

Restaurants owe the utmost duty of care and hospitality to their customers. If their conduct is in an insulting way, you may have a claim for emotional distress against them.

However, you only ordered for a pick-up. That is what all the contact was...
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2 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: In CA, can they evict no fault,self storage units, no cause. After rent raise more than 100% inside year?

This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.

to be out by next due date. Rent... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

If your tenancy is less than a year, a 30-day notice is required. If in the lease there is a statement of the requirements of the notice, the landlord needs to comply with that.

You need to check the lease agreement to see if there is any provision in...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Selling CA home. Deed in my name only. We live in NV. Does comm prop law protect my spouse if I die during sale process?

I just acquired house from late father's trust. Been married 45 years.

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

Under California laws, Assets obtained through heritage are separate properties even if during marriage.

The house was obtained through a trust from your father. It would be probably a separate property, rather than a community property if you lived in...
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4 Answers | Asked in Business Law and Contracts for California on
Q: Can I win in court if I don’t have a written contract with the buyer

My small company is engaged in online advertising

My company provided online advertising services to the buyer from November 2023 to February 2024

For November 2023 the client paid for the services

For December - February partially

I don't have a written... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

If you have any records of your communication about the order, that would suffice. There is a prior history of deals between you and this company. You can prove that there was an oral contract by prior deals without a written contract.

There are some contacts that must be written, but part...
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3 Answers | Asked in Real Estate Law for California on
Q: Who pays for repairs to upgraded driveway easement?

I own a 1935 house w/ a historically gravel driveway easement to neighbor’s property. A new home was built there in 2020. At that time their driveway/easement was paved. Their entire construction did not consider drainage on a steep side hill and have had massive damage as a result - including to... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

Some things need to be clarified for an answer to be given. What are the positions of the properties (your property and the neighbor's) regarding each other? Are you down the hill?

Both of you who use the driveway must take care of it and maintain...
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4 Answers | Asked in Consumer Law, Employment Law, Personal Injury and Business Law for California on
Q: Can I compel one of the Does to respond to RFAs and interrogatories?

I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?

Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Thank you for your question!

You need to amend the complaint and add the claims you have against the now-known defendant (formerly Doe). After they appear and file the answer, you can pursue the case with other procedures with proper timing (including discovery) regarding the new defendant....
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3 Answers | Asked in Consumer Law for California on
Q: Could I sue a dealer when they told me to get the cheapest insurance for a used 2017 honda accord to get approved

They told me I coukd get the cheapest insurance and i could walk away with the vehicle and I paid the insurance and then I got a call from the dealership saying that oh no the finance company wants full coverage and i paid for it and then they told me that it was 1000 deductible and they never told... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 26, 2024

Probably you can sue them for damages if you have proof that they mislead you about the required type of coverage.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I received a 60 day vacate notice on 03/29/24 for remodel after work had commenced is this a valid notice?

Landlord hired company to remove mold on 02/29/24 as he also scheduled for new windows to be installed for the front part of apartment. Mold remediation was completed on 03/09/24 he was paying for temp housing On 03/29/24 serves us with a 60 day vacate notice and on 04/22/24 he tells us that we can... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 19, 2024

Thank you for your question!

Since the length of the occupancy was more than 2 years, a 60-day notice is required for substantial remodeling. The 30-day vacancy starts the day after the 60 days.

Since you are on the 69-day, you need to stay out for more than 21 days until the end...
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2 Answers | Asked in Real Estate Law, Banking and Business Law for California on
Q: Real Estate: Judges, Home Mortgages and Legal Definitions

Do judges take legal definitions into consideration in court cases?

What is the legal definition of co-signer?

What is the difference, in relation to a home mortgage, between a co-signer and co-borrower?

Delaram Keshvarian
Delaram Keshvarian
answered on May 19, 2024

Thank you for your question!

First, The court considers the intent of the parties in the mortgage agreement. If the intent can be impliedly or expressly defined from the agreement, that meaning governs.

If there is no definition, the court will look at the custom in the industry,...
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2 Answers | Asked in Landlord - Tenant for California on
Q: My question is in the detail

I was evicted from my house after almost 10 years with this company 3 years in this house the rest in my first place I rented from this company. I have recieved this letter in the mail one night from San Bernardino Sheriff saying something about an eviction and that the reality place won in court... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 19, 2024

Thank you for your question!

Most rental properties are somehow under rental protection statutes or local rules, so a good cause is required for eviction.

If you were paying your rents, and occupied the property in a lawful manner compliant with the lease, the landlord should have...
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