Skip to main content
Daniel Patrick Beaver
Avvo
Pro

Daniel Beaver’s Answers

22 total

  • What can happen if my house closes and I need a few days to vacate property but buyer will not allow?

    Selling home & signed contract 05/19/15 with 30 day escrow. Agent explained that escrow is ALWAYS 35 to 45 days. I knew I needed more time as moving out of state. Buyer released contingencies yesterday. I resigned w/ 2 week notice today. Buyer wan...

    Daniel’s Answer

    It sounds like it is time to be more assertive with your agent and broker, and tell them to do their job, which is to represent your interests in this transaction. Your request is reasonable under the circumstances, and an offer to rent back for the short amount of time is also reasonable. If this does not get resolved right away, you may need a lawyer to get your agent/broker to do their job.

    See question 
  • Can we be served with a 3-day notice to quit simply because the rent has been paid about 15 days late for several months?

    We have lived in a single family home for 15yrs. And have always paid rent each month NEVER have we gone a month without payment, although we have paid late on several occasions. Now, the owners have told the property manager to issue us a notice...

    Daniel’s Answer

    • Selected as best answer

    It's probably legal. There's a chance that a judge might - might - find that the landlord has somehow waived the right to be paid the rent within the first five days of the month. The problem for you is that the only way to find out the answer to that question is at a trial. A trial where, if you are wrong, you are evicted and have a judgment against you.

    They are not required to give you a 60 day notice if the rent is late - that's a 3-day notice. The landlord may be "training" you to pay on time, or may be trying to catch you not paying within the 3 days, in which case the landlord would be within their rights to file an eviction lawsuit. In either case, it is quite likely that they are within their rights.

    See question 
  • My landlord passed away in November of this year. My spouse and myself have been pushed out of the house and off the property...

    by his children. We have been told we will be arrested. I am afraid to go back to get our belongings. His kids have already had a liquidator come to the house to take pictures and get estimates. Can they do this when the house is still in probate?...

    Daniel’s Answer

    You need to speak with and hire an attorney immediately. If the situation is as you describe, you are legitimate tenants and cannot be forced out of the home. If you have ID or papers showing you live there, I would hope that the police would actually allow you back into the home, and that they would advise the current owners that they must go through a legal eviction before they can force you from the home.

    See question 
  • Should I evict this guy as a squatter or should I evict him as a tenant that has not been paying rent? Thanks.

    I just brought a foreclosed property with a tenant inside. The bank selling this property is stating that they have not received any rent and have been unable to contact the tenant inside. The house was foreclosed 2 years ago so I am assuming he d...

    Daniel’s Answer

    Both of the answers above are correct, and you should consult with a landlord-tenant attorney regarding how to proceed.

    Your consultation might be quite brief, however, since it appears you are willing to either pay him to leave or enter into a new lease with him. A landlord-tenant attorney will be able to advise you regarding your options in the event you are not able to work out a cash for keys or new lease. Our office handles this type of matter.

    See question 
  • When a tenant pays rent two months late, does his payment get applied to the overdue rent or the current month's rent?

    I am a landlord and my tenant is two months late on his rent. He made a payment this month, which I will apply to the unpaid rent two months earlier. The previous month's rent and this month's rent is still unpaid. I should not have let him stay f...

    Daniel’s Answer

    You should always apply rent payments to the oldest unpaid amount, and reflect that in your ledger or accounting. This can be a problem where there is a longstanding deficit in rent payments, because a residential landlord may not sue for rent which is more than one year past due. This is why you should always apply payments to the oldest unpaid amount. Fortunately, that does not apply to your situation. Your tenant's argument is not valid.

    See question 
  • Can the Bancroft Village HOA construct egress gate against my consent as part of the fence repair to meet Walnut Creek City code

    The City Code Enforcement Officer wrote - "The City at this point does not agree with your assessment that the City of Walnut Creek is requiring you to allow access from one property to another to accommodate access to a public way.At this point, ...

    Daniel’s Answer

    Agree with first answer - the question is too fact-specific, and answering it on this website would look a lot like advice. You do need to contact a local real estate attorney on this issue. The lawyer would need to look at the history of this gate and the underlying documents in order to begin assisting you.

    See question 
  • I filed an action to evict my tenants. However, they requested a jury trial. Can we not accept it since it is a small case?

    Tenants have been living in the same house for over 5 years. They were late for the March rent. We tried to reach them; but they did not answer phone calls and other attempts of getting a hold of them. I hired a lawyer to send them a 3 day notice...

    Daniel’s Answer

    I find that tenants often demand a jury trial in their response, and they do have that right. However, I have never seen a tenant then take the next required step, which is depositing the $150.00 with the court no later than 5 days before the trial date. I'm sure it happens on rare occasion, but it is rare.

    The tenant would then have to pay the jury (or jury panel if jury selection not complete after day one) fees and mileage on day 2, day 3, etc.

    So while you are likely to have a bench trial, you won't know for sure until a few days before trial.

    See question 
  • I am co-owner of a residential property. Can I be forced to sell by the other owner?

    I am a co-owner of a residential property in Oakland, CA. (The deed is split 50-50, but I'm not on the loan/the other owner's name is on the loan). The other owner wants to sell, and I do not. What are my legal rights if I want to resist a sell? W...

    Daniel’s Answer

    The other attorney answers here are right: ultimately, your co-owner can and probably would win a "partition" lawsuit. It is not usually a good idea to oppose a partition lawsuit, because not only does the co-owner forcing a sale almost always win, but the costs and fees of the lawsuit just suck money out of the property, or out of you.

    It is almost always advisable to reach some agreement to either jointly sell the property, or to buy out your co-owner. That's not always easy - a good lawyer can help in getting you that point.

    See question 
  • 2 sisters own the property they inherited and they both live on it. What if one sister wants to sell and the other doesn't.?

    the property is worth more than 4 million dollars, and the sister who wants to sell wants to cash out. The sister who wants to keep the property doesn't have the assets to pay the other sister for her to buy her out. would the sister wanting to...

    Daniel’s Answer

    I have found that providing the reluctant sibling with a detailed description of how much money will be sucked out of the property by the otherwise inevitable partition action often brings the reluctant sibling to the mediation table. The amount of money that the attorneys, appraisers, referee, agents and experts can take out of the proceeds is usually sufficient motivation to allow the parties to figure out how to settle things.

    See question 
  • Did i win my judgment?

    My Father who is bedridden believes he has won two judgments in small claims court. regarding evictions of property's that he owns both tenants were evicted and he is under the impression that he has won a monetary judgment in both case's. th...

    Daniel’s Answer

    Unfortunately, calling will not answer your question, even if you were lucky enough to reach an actual human voice at the clerk's office. Ideally, your father's files or papers regarding the cases would have enough information for you, or more likely an attorney, to ascertain what he or has not accomplished in court. If that doesn't work, you will need to go to the courthouse(s) yourself. Eviction files are not public record right away, but I think enough time has passed for you to be able to access the files.

    Two other things: evictions are not handled in small claims court but in Superior Court, usually Limited Jurisdiction. One thing to determine is whether he won an eviction, or whether he sued them after the eviction for damages? Also, if the online court docket information says nothing about a judgment, then he probably does not have a judgment. But you (or again, more likely an attorney) would need to review the court file to be positive about the results.

    See question