Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was served notice t.o quit as a tenant in a foreclosed home…

Customer Question
I was served notice...
I was served notice t.o quit as a tenant in a
foreclosed home notice dated 3/31/10. civil code 1161b (90 days) to vacate. I purchased the home 6/3/10 grant deed recorded. The bank agent called Edison May 11, 2010. Had services put in their name called back 7 days later to have services turn off on 6/11/ 2010. I have a court date 6/14/10 for a motion to strike entire complaint. IS the eviction notice served by the plaintiff still valid since I now own the property???is it unlawful for plaintiff to have my electricity disconnected?
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
6/13/2010
Real Estate Lawyer: Ellen, Lawyer replied 8 years ago
Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

It appears that it was unlawful for the plaintiff to turn off your electricity. This would be considered a constructive eviction. You could file an action for wrongful eviction and be entitled to recover your actual damages as well as punitive damages.

The plaintiff cannot evict you from your own property. However since your hearing is tomorrow, I suggest that you attend and offer the judge proof of your ownership.
Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago
ARE THEY ENTITLED TO DAMAGES OF 100.00 PER DAY FROM 4/6/10 IF THEY GAVE ME 90 DAYS TO MOVE? MY 90 DAYS EXPIRES JULY 6, 2010???
Real Estate Lawyer: Ellen, Lawyer replied 8 years ago
there is not a statutory penalty. However the court can impose a penalty
Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago
YOU DID NOT GIVE ME HELPFUL INFORMATION YOU DID NOT SAY IF THEY WE
ENTITLE TO COMPENSATION OF $100 PER DAY IF MY 90 DAYS HAD NOT EXPIRED.
Real Estate Lawyer: Ellen, Lawyer replied 8 years ago
Sorry I was not clear. There is not a statutory penalty. This means they are not automatically entitled to $100 per day
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ellen Your Own Question
Ellen
Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,715
36,715 Satisfied Customers
Experience: 25 years of experience helping people like you.

Ellen is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I was a tenant in a house that was foreclosed and sold. We
I was a tenant in a house that was foreclosed and sold. We were negotiating with a real estate company for cash for keys to the new owner but the new owner declined our offer. We sent a copy of our le… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My brother has been living in the basement of my mothers house
My brother has been living in the basement of my mothers house for 14 years , never paid any rent,or even helped pay for utilities. I am my mothers Durable POWER OF ATTORNEY, also the executor of the … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
Tenants told me they were not paying $309 arrearage, current
Tenants told me they were not paying $309 arrearage, current rent, or reimburse me for the electric bill (in my name since they could not get it)....stated they were moving, but would not give me noti… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I received a default notice that no sale date can be set until
I received a default notice that no sale date can be set until 3 months of the date 9/10/10. What must they do first if anything, example 30 day notice, 3 day notice or no notice. I am taking care of … read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I had rented a house for 10 years that was on an acre of property,
I had rented a house for 10 years that was on an acre of property, on the back of the property the landlord had a large workshop building. I found out after 10 years that he had been using my electric… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
i am renting a house that is being foreclosed upon in Michigan.
i am renting a house that is being foreclosed upon in Michigan. I have heard both that the bank must provide 90 day notice at the end of the redemption period (the so-called 2009 tenant protection act… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
If the plaintiff in there pleading said that they have the
If the plaintiff in there pleading said that they have the note and then further down in the pleading indicated they don't , could that be a cause for dismissal , at the time they filled the complaint… read more
Real McCoy property law
Real McCoy property law
Juris Doctor
307 satisfied customers
Can you explain what is going on in this motion to stay proceedings
Can you explain what is going on in this "motion to stay proceedings" by the plantiff? Why would they slow the foreclosure they have been trying since 2008? 522008CA013634XXCICI 08013634CI 008 MTG FOR… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Can I turn off the power to an rv space that we furnish utillites
Can I turn off the power to an rv space that we furnish utillites to if the tenant is late on rent. We just bought this RV park and this spot is over two months late on rent andthe RV is in bad condit… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
Im renting a home but yesterday went into auction, the new
I'm renting a home but yesterday went into auction, the new owner came today and asked me to move out in one week? is that legal even though i paid rent on time even this month?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
The duplex I had been living in for 6 years was auctioned off
The duplex I had been living in for 6 years was auctioned off and the new owners have been harrassing us for rent which had been paid to the previous owner , a second security deposit, they have put a… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Hello - Our home was foreclosed on 05/04/10. We assumed that
Hello - Our home was foreclosed on 05/04/10. We assumed that we had 90 days to vacate the property. We were just served with a 72 hour eviction notice. We live in San Rafael, California. What are our … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
We filed for a bankruptcy and our home was foreclosed. After
We filed for a bankruptcy and our home was foreclosed. After that we received a notice from the bank the the house will be in an auction. Soon after the auction date, we got a call from a real estate … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My tenants have not paid the rent for May and current lease
My tenants have not paid the rent for May and current lease is expiring is May 31. There was a court date for eviction on May 23. Tenants entered a letter requesting continuance because of the health … read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
I have a condo in Fresno Ca. We have a 6 month lease that
I have a condo in Fresno Ca. We have a 6 month lease that expires 31 may 2010. They have not paid their rent for 2 months. We visited the property this weekend 4/10 and found the stove gone, and relat… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am a tenant in a property and have been here for six years.
I am a tenant in a property and have been here for six years. We originally had a one year lease that expired and we have been month-to month ever since. The home went into foreclosure and was sold at… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a tenant. The owner of this property is being sent into
I am a tenant. The owner of this property is being sent into forclosure by Bank of A. I received an unlawful detainer 7/19/09 in which I answered the unlawful detainer and the answer to the unlawful d… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My brother owners a piece of property. He signed me a contract
My brother owners a piece of property. He signed me a contract stating he wants me to be his agent or manager over the house. He rented it to a section 8 person. The tenant has been there over a year … read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x