Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

I have been told I have one week to move out and that my…

Customer Question
Hi, I have been...

Hi, I have been told I have one week to move out and that my things will be moved out for me unless i cooperate, by my landlord, I've been in a lease agreement with him since june 20th , and have a 60 notice policy on the contract.He also claims i have been late with rent since june which is not true and doesnt want to sign off on receibts. so i asked him to sign off on receibts or i wont pay another dime, which doesnt help. I met with him yesterday and he said he will enter my place without permission and move my things out into a barn he owns also. wjhat are my rights?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

CA

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The andlord been breaking contract left and right showing up with no notice even bringiing over friends and party at our home in our absence, Which even states in contract if he does the penalty is one month rent free. I lived there since april 2017 on and of and then made and signed contract to try to have clear agreements for everyone to be living gracefuly, but thats not what i'm experiencing.

Submitted: 8 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
10/4/2017
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,271
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 8 months ago

The landlord may not terminate or interrupt your tenancy without cause, and even with cause, legal process is required through the court.

Failure to do so will expose the landlord to civil liability to you fro breaching the lease and your the implied warranty of quiet enjoyment.

So, if the landlord tries to dispossess you or moves your things, you can call the police and charge him with trespass, and also sue him civilly for money damages.

If the claim does not exceed $10,000 you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Also, your landlord is required by CA statute to give you a receipt if you pay rent with cash.

California Civil Procedure Code 2075 states: "Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefore from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery."

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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 Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,271
38,271 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
Find out how much to do warranty deed for owner finance in
find out how much to do warranty deed for owner finance in austin tx … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
There was water damage in my bedroom and my renter's
there was water damage in my bedroom and my renter's insurance said it was negligence on the building and that i'd have to file a claim with my landlord's insurance. he said he'd pay me back with rent… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,768 satisfied customers
Have a special warranty deed signed by my common law spouse
have a special warranty deed signed by my common law spouse using my sir name when she should of used maiden name . apparently not legal … read more
Loren
Loren
Lawyer
38,271 satisfied customers
I am thinking of selling house and want to give a warranty
i am thinking of selling house and want to give a warranty deed … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
When there is a one year warranty on a new home, does the
When there is a one year warranty on a new home, does the year start when you move in or when you get the deed? … read more
Loren
Loren
Lawyer
38,271 satisfied customers
Would there ever be a need or reason to back date a warranty
Would there ever be a need or reason to back date a warranty deed in the state of Texas? Example A warranty deed dated for 1981 but filed in 1990 … read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
I buy land under 5k with warranty deeds. Is there any reason
I buy land under 5k with warranty deeds. Is there any reason to get title insurance if I just flip these?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I bought a special warranty deed property. I would like to
I bought a special warranty deed property. I would like to sell it as a warranty deed in the future. Can you change these and if so how?… read more
Loren
Loren
Lawyer
38,271 satisfied customers
Another question. How can I move a warranty deed into an LLC
Another question. How can I move a warranty deed into an LLC and keep it a warranty deed for when I want to sell it as an LLC?… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Is it possible to remove someone from a warranty deed. No I
is it possible to remove someone from a warranty deed … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
I hold a WARRANTY DEED that is granting ownership of a house
I hold a WARRANTY DEED that is granting ownership of a house and property to my brother my sister and myself dated 4 MAR 2004 in the state of Indiana. My sister has since relocated out of state. Do I … read more
Loren
Loren
Lawyer
38,271 satisfied customers
In live in texas and have general warranty deed with
in live in texas and have general warranty deed with vendor's lien can i sell the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Before our father died he had a warranty deed filed, without
Before our father died he had a warranty deed filed, without our knowledge, which transferred the ownership of a timeshare into our names. We did not find this out until he passed away. We did not rec… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is a loan on real estate legal without a general warranty
Second opinion] Is a loan on real estate legal without a general warranty deed, only a quick claim deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Reading through a warranty deed, there is a clause that says
Reading through a warranty deed, there is a clause that says "Excepting and Reserving unto the Grantors, their successors and assigns all of the oil, gas and all other minerals in, under and that may … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Ray I located the Warranty Deed and Title Insurance
Ray I located the Warranty Deed and Title Insurance agreement that indicated in writing on the Warranty Deed that the release of mortgage dated for 1970 must be paid by final closing with the proceeds… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,025 satisfied customers
Furnance faied in my rental home, it is under warranty,
Furnance faied in my rental home, it is under warranty, damage was frozen pipes, who is responsible for repair costs … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 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