Archived
If I'm selling a property, can I retain the right to collect unpaid rent by tenants even after the property sells?
Eric's answer
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Answered on October 13, 2014
The right to receive rent normally follows title so you should be entitled to rent which was due before the sale. However, establishing your right...
Archived
Eviction notice?
Eric's answer
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Answered on October 13, 2014
Be honest with the manager. This is no guaranty that the manager will work with you but most managers are angered regularly by tenants who are not...
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Archived
Can a person acquire legal rights to a house if his name is not on the title?
Eric's answer
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Answered on October 13, 2014
He can be evicted. Adverse possession is not available as his occupation of the property appears to be permissive. He can recoup the amount of...
Archived
What is the CA code in which debts from previous owners of houses that go through foreclosure are not transferable to new owner?
Eric's answer
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Answered on October 13, 2014
You need to specify which company and which debt do you allegedly owe. The subject bank's foreclosure will relieve the property, and thus you, of...
Archived
If I'm not on the lease or rental agreement can I be personally summoned and sued with unlawful detainer?
Eric's answer
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Answered on October 12, 2014
Your ability to be sued is based on your occupancy. Being a party to the lease is not required. You should note that mobile home tenants have...
Archived
Real estate: I am an agent. Is there a special form I use to sue for my commission?
Eric's answer
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Answered on October 12, 2014
Even if you did not initial the mediation clause, if you used the standard CAR listing agreement, you have to attempt to mediate the dispute or...
Archived
Real Estate Arbitration: Can I get a court order requiring the other party to go to arbitration?
Eric's answer
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Answered on October 12, 2014
Check your contract. The standard CAR contract requires arbitration only if all parties initialed the arbitration provision. If all parties...
Archived
Can I keep a former tenant away from my property without a court order?
Eric's answer
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Answered on October 12, 2014
The new tenant is entitled to possession of the property which mean that, among other rights, he or she can invite anyone in that he or she wants...
The main witness is now evading the subpoena for his deposition. what do we do?
Eric's answer
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Answered on October 12, 2014
Personal service of the subpoena is required. You should be speaking with your attorney about this issue as he or she should in possession of more...
Archived
My lease has 2 different monthly rent amounts and I and the owners both signed it. Who's right?
Eric's answer
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Answered on July 24, 2014
You have a lease that is need of reformation due to mutual mistake or, at the very least, a lease that is ambiguous. In either case a court would...
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