QUESTION
What is the accepted way to present evidence for the fair rental value of a house?
Asked on Mar 17th, 2015 on Divorce - California
More details to this question:
Does an expert need to testify or is a written estimate of rental value acceptable? If a written estimate is acceptable, what is the credible source of such estimate? What can one do if the rent was increasing during the separation period?
3 ANSWERS
Generally the parties or their attorneys agree to have the property appraised. If there is no written agreement that the appraisal report can be offered as competent evidence, the appraiser will have to be paid to attend court and testify as to the authenticity of the appraisal. Hope this helps.
Answered on Mar 19th, 2015 at 2:24 PM
Personal Injury Law Attorney serving San Diego, CA
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If you own an home you need an attorney engaged and you should be able to afford one. I cannot in good conscience enable you to circumvent that necessity and commit client malpractice.
Answered on Mar 19th, 2015 at 2:22 PM
Business Litigation Attorney serving Los Angeles, CA
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Generally a real estate appraiser would have to testify if there is a dispute as to rental value. Sometimes, a real estate agent can be used but if the other side has an appraiser then you would be at a disadvantage. Likewise, an owner can testify about the rental value of property he or she owns but it is not advisable if the other side has an expert. To avoid the cost of experts at trial the parties can agree to admit their respective real property reports into evidence at trial and argue which is the correct value.
Answered on Mar 19th, 2015 at 1:19 AM