California Real Estate Legal Questions

First, are you in a city with rent control or a just-cause-eviction law? If so, then you'll need to talk to a rent control specialist. Some city's would treat eliminating the right to have a pet a decrease in the services provided and require a corresponding reduction of the rent. Some might prohibit such a change completely. Others may let you do it. If you have rent control, consult a lawyer who knows that city's law. If rent control and just-cause are not an issue, then you can amend the lease on 60 days written notice. However, you should consult with a real estate attorney. If the tenants refuse to get rid of the pet, refuse to move, and force you to sue to evict them, if they consult an attorney, they will raise any other problems with the property as defenses. Retaliation is a defense. If the dog damaged the fence and you can prove it, then they are responsible for the damage and owe you the money to pay for repairing the fence. Maybe instead of losing a tenant with whom you have no other problems, maybe you should talk to her about paying for these repairs and any further damage the dog has caused or causes in the future. Have you inspected her apartment? You need to. Dana Sack 510-286-2200... Read More

Read the proposed lease carefully, or have an expert review the lease. Most purchasers and sellers of shopping centers want there to be tenants. Purchasers are buying the leases as much or more than they are purchasing the land and improvements. The price the seller receives is determined by dividing the net operating income from rents by a capitalization rate, somewhere above or below 5%. Most buyers will not count a lease towards the purchase price, unless there are at least 3 years remaining in the term. Lenders often will not count leases with a remaining term less than 5 years. So I would be a little surprised to see a provision allowing the bank to kick you out on a sale, but it could be there. Look very very carefully. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Your CC&Rs probably prohibit changing the floor coverings without approval by the HOA Board or an architectural review committee. For violations, the HOA can require you to restore the original floor coverings, impose fines, sue you, recover the fines, the attorneys fees, and monetary penalties for contempt of court. All of these amounts can be made liens on the property. The property can be sold to pay off those amounts. So don't ignore the HOA. The HOA can't treat your father differently that it treats other owners. Find out what kinds of floors other owners are using in order to minimize noise transmitted to lower units. Whatever works for them, should work for you. Whatever the HOA has allowed them to do, it should allow you to do. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Yes, as long as the lawsuit does not involve child custody. Don't kidnap your child. Get the court's permission. If this is not a marital dissolution or child custody case, then yes, you can move. Make sure the court and the other side always always have a current address for you. If they send notices to the last known address for you and you don't receive them, that's your fault, not yours. Notices can be sent by mail of motions and hearings that can result in your losing the case, having judgment entered against you, and all kinds of fines and penalties can be imposed. You're travelling? You don't have a permanent address, yet? No excuse. You need to make sure they have an address to send notices to, and you need to make sure that you receive anything sent there. If you tell them to send notices to a friend's address, then if that friend fails to tell you that something has arrived, that's your fault, not the other side's. Judge's have very little tolerance for litigants who claim they didn't get a notice. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Most HOAs are not required to conduct and distribute a complete formal audit. Most do. All HOAs are required to distribute an annual report to all owners. The annual report includes a balance sheet and income and expense statement, a report on the status of reserves, every 3 years a new reserve study needs to be performed and included, a report on delinquencies, and a disclosure of the HOA's policy on collecting delinquencies. Your CC&Rs determine whether the HOA is responsible for clean streets, gutters and mail areas. Even if the CC&Rs require the HOA to make sure it is done, the city or a tax district may have accepted responsibility for performing those services. If so, then your HOA just needs to make sure the city or district is doing so. The HOA Board is granted very broad discretion in determining how clean to maintain the streets, guttters and mail areas. Courts don't get into how often or how well such services are performed, as long as the Board has not totally failed or refused to perform its obligations. Judges are not supposed to subsitute their own opinions for those of the Board. If you would like to discuss your situation, please first send me a copy of your CC&Rs, and I'll call you after I have taken a look at them. Dana Sack 510-286-2200  ... Read More

The only way to get your name off the loan and have it not count against your credit when you apply for your own loan, is to get the lender to sign a written release taking you off the loan. Lenders don't do that. Therefore, you will probably have to convince your aunt to refinance the loan with a new loan in just her name or her and her daughter. Giving your aunt or your aunt and your cousin a deed of your interest in the property will not release you from liability for the loan, at least not on your credit report. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Who is trying to take your property and how? I might or might not be the right type of lawyer to assist you. For example, if your property is being sold for unpaid property taxes or unpaid assessments for utilities or fines for zoning or health code violations, there's not much a lawyer can do. You need to pay what you owe. If you contest the amounts of any such taxes or assessments, the time limits for contesting such charges are short and might have expired. If you want to contest such amounts, you should get together with an attorney as soon as possible, in case the allowed time is about to expire. If you your property is being taken in connection with some kind of criminal matter, then you need a criminal attorney. If it is being taken by the IRS or the FTB, then you need a tax lawyer. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

If you discovered this problem in 2010, then it is probably too late to recover any compensation from the seller or the real estate broker. The statutes of limitation, the time after which a claim is barred, are 2 years, 3 years or 4 years, for most types of claims. This one is at least 5 years old. You will need a real estate lawyer with experience dealing with encroachment to help you negotiate a solution to your problem, with the four neighbors. That would start with reviewing the deeds and title reports for all the effected properties and the survey. If there is any uncertainty, I might recommend getting your own survey, too. It depends on what the paperwork looks like. At $210,000.00, you can't afford to go to court over this. You need someone who can help you negotiate a way out of this. Fortunately, that probably applies to the neighbors, too. If you would like to discuss hiring our firm to assist you, please call me. Dana Sack 510-286-2200  ... Read More

Your story leaves lots unsaid. It sounds like you sold your home for no money, just the buyer's promise to pay the mortgage, taxes and insurance, and if he didn't, then you reserved the right to take back the home. That's a common law mortgage. Unlike a deed of trust, it does not include the right to foreclose by conducting a private auction. Instead, you must file a lawsuit to foreclose, and even if you win, the defendant has the right to redeem the property and get it back by paying the price paid at the court foreclosure sale, for a whole year. That's why no one does mortgages in California. It sounds like you're lucky, and the buyer has paid off the mortgage. That means it's no longer on your credit report, and you are able to buy a home and take out a loan for half or more of the purchase price. You probably couldn't while that loan was still a debt against your credit. I'm not clear on why you want to sue. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

If your husband is on title to the property he is the legal owner at this point in time. If his sister is paying the property taxes and living in the home, and claiming that she owns it, she could ultimately have a claim to the property through a process called adverse possession.  I would need to know more about what is happening, but it would probably be wise for your husband to start paying the property taxes. Was your husband on title before his parent's passed away? Thanks,Jon... Read More

If the house is joint tenancy it is important that your wife terminate that joint tenancy immediately. That can be done by transferring her interest in the property to herself as a tenant in common. In all liklihood your wife's ex is going to end up with an interset in the property, but you can probably get some set off for the principal that you have paid down over the last several years as well as for any improvements that have been made. If he sues for partition, he may be able to force a sale, but your wife would almost certainly be given the opportunity to buy out his interest first. Given the agreement that they had at the time of their breakup, you may be able to get a better result than what I have laid out as well. Let me know if you would like my assistance. Thanks,Jon... Read More

The law generally treats couples that buy properties like this as partners. Even though the property is only in one person's name, the individual who is not on title still has an equitable interest in the property if that was the intent of the parties. I just filed a lawsuit in a nearly identical situation to this one last week and handled another very similar case about a year ago. Please let me know if you would like assistance. Jon... Read More

You are definitely going to want to have a contract setting forth what your agreement is.  Adding your friend's name to title is easy and would be very inexpensive, but the most important piece is making sure that you have a contract that thoroughly sets out the agreement. Let me know if you would like assistance with this. Thanks,Jon... Read More

Even though medical use of marijuana by persons with a medical clearance for such use may be legal under California law, under federal law, even mere possession and personal use of marijuana is a federal felony. Distribution, whether or not for sale, is subject to even more severe punishment. Even under California law, each of your clients or patients must already have a medical clearance. Under the California Rules of Professional Conduct and the American Bar Association Model Rules of Conduct for lawyers, it is unethical for a lawyer to advise a person regarding illegal activity. In California, smoking indoors is prohibited. Most C2 buildings and store fronts share a common heating, ventilation and air-conditioning system of ducts and vents. That means that the air is circulated and exchanged between suites. That means that what you smoke in your suite gets blown into your neighbors' suites. That's why indoor smoking is illegal. Dana Sack 510-286-2200  ... Read More

This can be done by one attorney, provided that each side signs a standard conflict waiver.  Assuming it is a fairly typical deal I would do it for somewhere in the range of $2,500 to $3,000 and could certainly do it at a flat rate if that was your preference. We are in Orange County, but do a fair amount of work in San Diego county. Thanks,Jon... Read More

Your rights are probably whatever the written lease provides. Most commercial leases provide that the landlord is NOT liable for damage due leaks and flooding. That's what renters' insurance is for. The lease for my office requires me to carry renters' insurance, and the landlord collects proof of insurance from me, every year. If you don't have a lease with the building owner and someone else is your landlord, then you are subtenant. Your landlord probably has a lease with the building owner, and that lease probably has a clause like the one described above. If so, the building owner and its insurance are not going to pay you anything. If your lease with your landlord does not have a clause like I described above, then you will probably have to sue your landlord. If your damages are not more than $10,000.00, then you can sue in small claims court. Your lease might also have a provision shortening the time in which you must file your lawsuit or else you will lose your claim. Act on this claim rightaway. Dana Sack 510-286-2200... Read More

A grant deed automatically by statute includes warranties by the grantor/seller. The seller automatically warrants that it owns the property and has the right to sell it and that the grantor did not grant any easements, liens or any other rights against the property while the grantor owned the property. A quitclaim deed does not include any of those warranties. The tax authorities don't care about the difference. If transfer taxes are owed on the recording of the transfer, it doesn't matter which type of deed is used. If the transfer is not exempt from re-assessment for purposes of deteriming real property taxes, again the type of deed doesn't matter. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

If you hired me, first I would carefully read your lease. Some leases say that the end of the initial lease term, the lease continues month-to-month. However, some say that the lease renews for another year. Which flavor is your lease? If your lease has converted to month-to-month, then the landlord, whether that's the old owner or the new owner, must first give you a 30 day notice, but if you've been there more than one year, then the landlord must give you a 60 day notice. Check the notice section of the lease. The notice must be in writing and delivered in the manner stated in the notice section. If the lease doesn't say, then it must be either hand delivered to one of you or sent by mail. Leaving a copy at your door does not count. At the end of the 30 day or 60 day notice, if you're still there, the landlord cannot change the locks, move out your possessions, turn off the water or electricity. The landlord must sue you for unlawful detainer to evict you. The summons and complaint must be properly "served" on you. Then you have 5 days to file an answer. The trial will be in 30-90 days. Then it will take a week or two for the sheriff to arrange to get out there to move you out. You might have defenses that an attorney could use to slow down this process. Landlords sometimes pay tenants to move out in order to avoid this process. The costs of hiring a professional moving company to pack and move your possessions, plus first month's rent and a security deposit for your new home, seems like a fair compensation to me. If your lease renewed for another year, then the new owner is stuck with that. A court will not evict you. The new owner will have to either wait for the new lease term to expire, or pay you to buy out your lease. Dana Sack 510-286-2200  ... Read More

Courts give the Board of Directors of an HOA very broad discretion under the "Business Judgment Rule." Unless there is language in your CC&Rs that is very specific and unusual, you probably cannot force the HOA to enforce the rules. However, your CC&Rs probably include which says that any violations of laws, the CC&Rs or rules under the CC&Rs are a nuisance. You can sue the neighbor directly for damages caused by the nuisance, for specific performance of the CC&Rs as a contract, and for an injunction to stop the nuisance. I have done this successfully several times. One advantage of suing your neighbor directly is that it will not cost the HOA or your other neighbors any money. You will not create animosity between you and the HOA or the other homeowners over your suing them. It  wll be just between you and your offending neighbor. Check your CC&Rs for Alternative Dispute Resolution procedures. Mediation, arbitration or both may be required, either before going to court or in place of going to court. Check your CC&Rs for an attorney fees clause. If you win, the CC&Rs may provide that you can recover your attorney fees. Even if the CC&Rs don't say so, you might still be able to recover your attorney fees and expenses under the Davis Stirling Act. That means that if the neighbor loses, he pays both sides' attorney fees. It also means that if you lose, you will be paying the fees for both sides. Double or nothing. There was an appellate decision recently in which the court reduced the attorney fees in a case about a wood floor in a condominium unit from over $1 million to over $700,000. Another route is a neighborhood mediation service, like SEEDS in Oakland. No lawyers. Just trained experienced professionals trying to resolve neighborhood disputes without going to court. Part of their service is to convince your neighbor to participate. Much cheaper than lawyers. If you would like to discuss this further, please call me. Dana Sack  ... Read More

Yes, California Revenue and Taxation Code §61(f) makes any transfer of a tenancy-in-common interest a change of ownership for real property tax assessment purposes, unless it is covered by any of the exemptions in §62 and §63. The facts you have provided do not suggest any such exception, such as a divorce, inheritance, or transfer from a parent to a child. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

You gotta be kidding. This is a prank, right? Okay, I'll play along. I am not a gun lawyer or a criminal lawyer. I don't know what laws there might be about carrying a fake gun that looks very real in public. You propose to have 6 people approach a government building in open possession of what look like assault weapons, in a county full of hunters and people who own all kinds of weapons for self-defense. Even if you coordinated such an event with the local police and sheriff, some civilian driving by who saw you might feel compelled by heroism and patriotism to defend his community by confronting you and even taking you out with his own personal weapons. Such a tragedy could even happen on your own private property. For example, if you and your friends staged such an attack on your own home, one of your neighbors or a stranger driving by might come to the "defense" of your home and its occupants and attack you. Stick to paint-ball ranges, public shooting ranges, and such venues which are well known and marked for such activities. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Neither the seller nor the buyer is required to employ a real estate broker or sales agent to represent either of them. If either side is represented, there is no legal requirement that the other side be represented. Unless you have purchased and sold homes previously, more than just once, you really should have an experienced and trained real estate professional advise you, assist you, and answer your questions. It is one of the largest and most important purchases and investments in your whole life. There are a lot of issues and a lot of documents. One of the things a real estate professional brings is the ability to see what is missing. You might be able to read every word and understand what is presented to you. Even that will be hard. There is so much of it. Even so, if the seller has left something out that you are entitled to or need, a real estate professional should notice it and let you know. If you hire a broker, the brokerage commission paid by the seller will be split between the seller's "listing" agent and your buyer's "selling" agent. There's a good example of a real estate oddity. The buyer's broker is referred to as the "selling" agent. On the other hand, hiring an experienced real estate attorney would probably be less expensive, but there is no custom which requires the seller to reimburse the buyers for their attorneys fees. It would make economic sense for a seller's listing broker to agree to reimburse your attorneys fees, because that would cost less than splitting the commission with a buyer's selling broker, but most brokers won't. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

If you really have a lease with a term to February 2016, and not a month-to-month rental agreement, then the landlord or the new owner is stuck with you until the lease expires. The buyer can buy the property subject to your lease, with you remaining in place or wait to buy until after you leave. It is common in SF to pay tenants to give up their leases and move. You are going to need money to fund the first month's rent, the security deposit, and moving expenses. Maybe moving expenses should include the cost of a  professional, licensed and bonded van lines to pack up your stuff for you, move it, and unpack your stuff at the new location. If the new rent is higher than your rent under the lease, maybe it should cover the difference until February 2016, or even later, since an eviction could take 2-3 months or even longer. The law does not say how much the landlord should pay you. It's really a matter of how much he wants to get you to move out early. If you ask for too much, he might decide to just wait until next year. He might decide to accept a lower sale price in order to persuade the buyer to purchase with you still in place. It's however much you can negotiate. The examples above are just arguments you could use to help persuade the landlord to pay you more. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Have you sent a written (not email) notice to the HOA about the window frame and asking the HOA to fix the problem i.e. repair or replace the frame? That first step is mandatory. The Davis-Stirling Act requirs your HOA to provide a process where the Board appoints someone to meet with you and try to work it out. If you ask for it, the HOA must provide it. If that doesn't work, try offering third party mediation. Faster and cheaper than a lawsuit or arbitration. Your CC&Rs might require the HOA to participate Next, check the procedure for resolving disputes. Most require arbitration. Sometimes there is an exception when you sue to enjoin a nuisance. You should have a real estate attorney familiar with CC&Rs and the Davis-Stirling Act review your CC&Rs and any other governing documents. Before starting a lawsuit or arbitration, you want to be very sure that you will win. The prevailing party is entitled to recover its attorney fees and expenses. Lawsuits are very expensive. If you lose and don't pay, the HOA can collect by foreclosing on your house, evicting you and selling the house. Dana Sack... Read More