Daniel Patrick Beaver’s Answers

Daniel Patrick Beaver

Walnut Creek Real Estate Attorney.

Contributor Level 5
  1. Landlord wants to do extensive repairs while we are in the home in order to sell, including painting to walls.

    Answered about 2 years ago.

    1. Daniel Patrick Beaver
    2. Joseph Clark Melino
    2 lawyer answers

    There are a lot of issues here. Unless the lease says otherwise, 2-3 hours is insufficient notice under California law. Nor can the landlord require that you not be in the house when it is being shown. Nor can she charge you for cleaning during the period of the lease, absent some sort of unusual damage. I also sympathize with your situation regarding your child. Normally, however, a landlord can give reasonable notice of an entry in order to show the house to potential buyers. If you...

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  2. 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.?

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Michael Raymond Daymude
    3. Paul Alan Neumiller
    4. Dena Robin Taub
    5. Antoinette Cara Liewen
    6. ···
    8 lawyer answers

    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.

    3 lawyers agreed with this answer

  3. 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?

    Answered 2 months ago.

    1. Daniel Patrick Beaver
    2. Shazad Z Omar
    2 lawyer answers

    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...

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  4. What to do when tenant denies legal entry.

    Answered about 2 years ago.

    1. Daniel Patrick Beaver
    2. Shazad Z Omar
    3. Rebekah Joy Turney
    4. Brandy Ann Peeples
    4 lawyer answers

    Although you really should consult an attorney on the proper wording and process, the remedy is very likely a 3-day notice to cure breach of covenant or quit. The option of curing must be fairly specific, so the tenant has notice of what it takes to cure the breach.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Daniel Patrick Beaver
    2. Michael Raymond Daymude
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  6. Purchased an investment property with leaky roof - need help from real estate attorney!!

    Answered about 2 years ago.

    1. Wahid Ezzat Guirguis
    2. Daniel Patrick Beaver
    3. Michael T Millar
    4. Athina Karamanlis Powers
    5. Nicholas Roscha
    5 lawyer answers

    It seems like you have some excellent evidence that the seller knew of the problem. It's hard to tell from your post whether the listing agent knew, but there is certainly some circumstantial evidence that he/she did. I'd be a little more wary of going after the inspector. Most real estate purchase contracts require you to attempt to mediate this dispute prior to filing a lawsuit. There is usually a provision barring you from recovering attorneys fees (in the event you win) if you do...

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Daniel Patrick Beaver
    2. Charles Adam Shultz
    3. Alan James Brinkmeier
    4. Vincent J. Gallo
    5. Adam Lefkowitz
    6. ···
    6 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. I rented a house for my ill mother. She died less than a month into a 1 year lease. Is there any way out of this lease?

    Answered about 2 years ago.

    1. Thomas Anthony Schaeffer
    2. Daniel Patrick Beaver
    3. James Carl Eschen III
    3 lawyer answers

    Actually, even if your mother were deemed to be the tenant, it would not terminate the lease because it is fixed-term. The landlord has a duty to mitigate damages (Civil Code Sections 1951.2(a),(2-3), and while you could argue that a Craigslist listing is not sufficient, that argument may or may not succeed - I think it is insufficient myself, but a judge may disagree. One idea might be for you to pro-actively look for tenants by listing it yourself and bringing one or more qualified...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered 3 months ago.

    1. Anthony Allen Roach
    2. G. Michael Brelje
    3. Daniel Patrick Beaver
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  10. Does a buyer have grounds to sue me (seller) if a sale does not go through?

    Answered about 2 years ago.

    1. Daniel Patrick Beaver
    2. Vincent J. Gallo
    2 lawyer answers

    Your agent and his/her agency are the ones who should be giving you advice on this, at least initially. If they are unable/unwilling to give you a firm answer, you would need to see an attorney rather than seek advice on this website. This is because any attorney, or anyone, would need to see the contract to accurately advise you. The HOA"s approval may be a contingency which may allow you out of the contract. On the other hand, if it is something within your power to remove by changing the...

    1 lawyer agreed with this answer

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