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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12362
Experience:  JD, MBA
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Im looking to purchase a property in California with 2

Customer Question

Im looking to purchase a property in California with 2 residences on it. In the deed, it indicates that the owner must live in 1 unit and can only rent out the other. If I purchase this property, does this stipulation belong to me too or can I rent out both properties?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The answer depends on whether that restriction is some sort of covenant that runs with the land due to zoning or an HOA. If not, then there should be no restrictions. Of course, it also begs the question as to why the current owner's deed has that restriction. But if you were to purchase, you can certainly demand that your deed not place any residency restrictions on it (again, this assumes that there is no covenant that requires it). Obviously, before you were to enter into a contract to purchase, you would find out all of this info by talking to the current owner and have the title reviewed by a local real estate attorney so that you know what you're getting yourself into with the purchase.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
But can a deed restrict rentals if not an HOA or all future buyers?
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

Not usually. Who would enforce the restriction? Any restriction like that has to be in favor of another party (and usually through an HOA). That said, it's possible that a neighbor bargained for the right to enforce the restriction. That's why you'll need a title review to be certain.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Customer: replied 1 year ago.
This link went dead for me for a couple days - weird! Anyway, the deed says -
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

It looks like you were about to write what the deed says, but didn't finish.