Real Estate
Housing, rental rights, and property laws
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FAQ AvailableWhat is the step-by-step procedure for changing the title of my California property from "Joint Tenancy" to "Tenants in Common"?
To change your California property title from "Joint Tenancy" to "Tenants in Common," one joint tenant must unilaterally sever the joint tenancy by executing and recording a new deed. This process eli...
How do I file an "Affidavit of Death of Joint Tenant" to officially clear a deceased person's name from a California property title?
To clear a deceased person's name from a California property title held in joint tenancy, you must complete an "Affidavit of Death of Joint Tenant," attach a certified death certificate, and record th...
What are my rights to "repair and deduct" if my California landlord fails to make necessary repairs in a timely manner?
Under California law, you have the right to make necessary repairs and deduct the cost from your rent, but you must follow a strict legal procedure to protect yourself from eviction. Here are the step...
How do I formally contest a property lien that I believe was wrongfully placed on my California home?
To formally contest a wrongful property lien in California, you must file a legal action in court, such as a Petition to Release the Property from Lien or an Action to Quiet Title. Here is how to form...
What are the legal steps to evict a California tenant for reasons other than non-payment, such as creating a nuisance or violating the lease?
To evict a California tenant for a nuisance or lease violation, you must serve a proper written notice and then, if they fail to comply, file an eviction lawsuit called an Unlawful Detainer. The speci...
How should I officially respond to a "Notice of Default" from my mortgage lender to explore options to avoid foreclosure in California?
To officially respond to a Notice of Default, you must immediately contact your mortgage servicer to request, complete, and submit a loss mitigation application to explore alternatives to foreclosure....
What is the official process a landlord must follow to claim or dispose of personal property left behind by a tenant in California?
In California, a landlord must provide a formal written notice to a former tenant before storing, selling, or disposing of any personal property they leave behind. The specific steps depend on the est...
How can I find out if a property I want to buy is located in a Mello-Roos district or subject to other special tax assessments in California?
You can determine if a property has Mello-Roos or other special taxes by carefully reviewing the seller's legally required disclosure documents and independently verifying the information with the cou...
What are my landlord's legal obligations regarding mold detection, disclosure, and remediation in a California rental property?
Under California law, your landlord must provide a safe and habitable home, which includes addressing significant mold problems that affect your health and safety. They are required to disclose known ...
How do I legally transfer the ownership of my California real estate into a living trust?
To legally transfer your California real estate into a living trust, you must prepare, sign, and record a new deed with the county. This process formally retitles the property from your individual nam...
What are the specific conditions that must be met for a rental property to be considered "habitable" under California law?
Under California law, a rental property is considered "habitable" if it is safe, sanitary, and fit for human occupation. The landlord is legally required to provide and maintain specific essential fea...
How do I properly document and report a legal nuisance, like excessive noise or smoke from a neighbor, to the correct California authorities?
To properly report a legal nuisance, you must first create detailed documentation of the offense and then report it to the correct local agency, which is usually the police for noise or city/county co...
What are my legal options if I signed a California lease agreement but need to back out before the official move-in date?
Once you sign a California lease, it is a legally binding contract, and you are responsible for the rent. However, your liability is limited because the landlord has a legal duty to find a replacement...
What is the procedure for clearing an old, paid-off loan or lien from my property's title record with the county recorder in California?
To clear a paid-off loan from your property title, you must ensure the lender files a "Deed of Reconveyance" with the county recorder. If the lender fails to act, you can make a formal demand or use a...
How do I draft a legally binding "Tenants in Common Agreement" to define ownership shares and responsibilities for a co-owned California property?
To draft a legally binding Tenants in Common Agreement, you must create a written contract defining each owner's shares, rights, and responsibilities, which all co-owners must sign. This agreement wor...
What are the initial steps to take if my neighbor's construction project is causing damage to my property in California?
If your neighbor's construction is damaging your property, you must immediately document the damage, notify the responsible parties in writing, and identify their insurance and bond information for po...
How do I legally remove a "squatter" or an unauthorized occupant who has taken up residence in my California property?
To legally remove an unauthorized occupant in California, you must follow the formal civil eviction process, known as an unlawful detainer action. You cannot physically remove them yourself or lock th...
What is the process for legally converting my garage into a living space, known as a Junior Accessory Dwelling Unit (JADU), in California?
To legally convert your garage into a Junior Accessory Dwelling Unit (JADU) in California, you must obtain a permit from your local city or county by submitting compliant architectural plans and recor...
Where can I find the specific zoning ordinances and land use restrictions for my property in California?
You can find the specific zoning ordinances and land use restrictions for your property through the planning or community development department of the city or county where your property is located. C...
What are the required elements for a home improvement contract in California to be legally valid and protect me as a homeowner?
A valid California home improvement contract must be a detailed written agreement that includes specific legal notices and financial limitations to protect you. These requirements ensure clarity on th...
How can I legally cancel a listing agreement with my real estate agent in California if I am unhappy with their performance?
You can legally cancel a listing agreement by formally requesting termination from your agent and their broker, ideally by mutual consent based on the agent's failure to perform their duties. A writte...
What is the proper legal procedure for preparing and serving a "Notice to Pay Rent or Quit" to a tenant in California?
To properly serve a Notice to Pay Rent or Quit in California, you must prepare a written notice with specific required information and then deliver it to the tenant using one of three legally defined ...
How do I file a housing discrimination complaint against a landlord, seller, or real estate agent in California?
To file a housing discrimination complaint in California, you must gather evidence of the discrimination and file a formal complaint with the state's Civil Rights Department (CRD) within one year of t...
What are my rights under California's Solar Rights Act if my HOA is trying to stop me from installing solar panels?
Under California's Solar Rights Act, your HOA cannot prohibit or unreasonably restrict you from installing solar panels on your home. An HOA's restrictions are generally considered unreasonable if the...
How can homeowners legally challenge an unreasonable rule or a large special assessment imposed by their HOA in California?
Homeowners can legally challenge an unreasonable HOA rule or a large special assessment by first following a required internal and alternative dispute resolution process before pursuing litigation. Th...
What legal steps do I need to take to establish a formal easement for access to my landlocked property in California?
To establish a formal access easement, you must first negotiate a written agreement with the neighboring property owner. If negotiation fails, you will need to file a lawsuit to have a court judiciall...
How do I verify a contractor's license, insurance, and bond status with the California Contractors State License Board before hiring them?
You can verify a contractor's license, insurance, and bond status for free on the California Contractors State License Board (CSLB) website. Performing this check is a critical step to protect yoursel...
What are the specific legal notices a lender must provide me before they can officially start the foreclosure process in California?
In California, your lender must provide specific notices before they can officially record a Notice of Default, which formally begins the foreclosure process. These notices are designed to give you an...
How do I legally deal with a neighbor's tree whose branches hang over my property or whose roots are damaging my foundation in California?
In California, you generally have the right to trim a neighbor's tree branches and roots that cross onto your property, but you must do so responsibly and at your own expense. If the tree's roots are ...
What is the process for requesting and inspecting my HOA's financial records, governing documents, and meeting minutes in California?
As a homeowner in a California homeowners association (HOA), you have a legal right to request and inspect most of the association's records. The process is straightforward and is governed by the Cali...
How can I legally add a person, such as a spouse or family member, to the deed of my California home?
To legally add a person to the deed of your California home, you must prepare, sign, notarize, and record a new deed with the appropriate county office. Here are the steps to transfer a partial owners...
What are my legal rights as a tenant in California if the property I am renting is sold or goes into foreclosure?
In California, your rights as a tenant are protected even if your rental property is sold or foreclosed; a new owner generally cannot immediately evict you and must honor your existing lease. Here is ...
How do I file a formal complaint against a licensed real estate agent with the California Department of Real Estate?
To file a formal complaint against a licensed real estate agent in California, you must gather your evidence and submit a completed complaint form to the California Department of Real Estate (DRE) for...
What steps and notices must a landlord follow to legally increase the rent for a residential property in California?
To legally increase rent in California, you must provide the tenant with proper written notice that complies with state and local laws regarding the notice period and the maximum allowable increase. ...
How do I initiate the process to legally resolve a property line dispute with my neighbor in California?
To legally resolve a property line dispute in California, you typically need to file a lawsuit known as an "Action to Quiet Title" to have a court determine the true boundary line. Here is the process...
What are the legal requirements and notice periods for a landlord to enter a tenant's rental unit in California?
In California, a landlord must provide a tenant with reasonable written notice, presumed to be 24 hours, before entering a rental unit for specific, lawful purposes. Entry is generally restricted to n...
What specific actions should I take if I discover the seller failed to disclose a major property defect after I've already bought my California home?
If you discover a major undisclosed defect, your primary action is to document the problem and demand compensation from the seller. If they refuse, you may need to pursue mediation or file a lawsuit t...
How do I search public records to find out if there is an existing lien on a California property before I buy it?
To find existing liens on a California property, you must search public records at the County Recorder's Office and, most importantly, obtain a Preliminary Title Report from a title insurance company....
What are the legal steps and permit requirements for building an Accessory Dwelling Unit (ADU) on my property in California?
Building an ADU in California requires preparing compliant architectural plans and obtaining a building permit from your local city or county government. State law streamlines this process, but you mu...
How can I legally force the sale of a property I co-own with someone else in California through a partition action?
You can legally force the sale of a co-owned property through a court process called a partition action, which is an absolute right for co-owners in California. Here is how to initiate a partition act...
What is the process for a tenant to get their full security deposit back, and what can I do if a California landlord makes improper deductions?
To get your full security deposit back in California, you must leave the property in good condition and provide proper notice; if the landlord makes improper deductions, you must send a demand letter ...
How do I, as a homeowner, legally remove an invalid or expired mechanic's lien from my property's title in California?
To remove an expired or invalid mechanic's lien, you can either obtain a signed release from the contractor or file a petition in court to have a judge order its removal. Here is how to remove an expi...
What are the exact steps a contractor must take to file a valid mechanic's lien on a property in California?
To file a valid mechanic's lien in California, you must strictly follow a series of legal steps within tight deadlines. Missing a step or deadline can invalidate your lien rights completely. Here are...
How do I formally dispute a fine or a violation notice from my Homeowners Association (HOA) in California?
To formally dispute an HOA fine, you must review the violation notice and submit a written request for a hearing with the HOA board before the fine is officially imposed. California law grants you the...
What is the official process to legally dispute my property tax assessment with my county in California?
To legally dispute your property tax assessment in California, you must file a formal "Assessment Appeal Application" with your county's Assessment Appeals Board before the annual deadline. Here is th...
How do I properly file a homestead declaration in California to protect my home's equity from creditors?
To properly file a homestead declaration, you must complete a specific legal form, have it notarized, and record it with your county recorder's office. This process formally declares your home as your...
How can a tenant in California legally break a lease agreement due to uninhabitable living conditions?
In California, you can legally break a lease if the landlord fails to repair serious problems that make the unit uninhabitable, a process known as "constructive eviction." Here's how to do it correctl...
What is the step-by-step process for a landlord to legally evict a tenant in California for non-payment of rent?
To legally evict a tenant for non-payment of rent in California, you must serve a valid written notice and then file and win an Unlawful Detainer lawsuit in court. You cannot change the locks or remov...
What specific disclosures is a seller legally required to provide to a buyer when selling a home in California?
In California, you are legally required to provide buyers with detailed written disclosures about the property's condition, known defects, and specific environmental or natural hazards. Here is how to...
How do I legally back out of a real estate purchase agreement in California after my offer has been accepted?
You can legally back out of a real estate purchase agreement in California by using one of the contingency clauses in your contract within its specified timeframe. Here are the steps to cancel your ag...
Legal Disclaimer
The information provided on this page is for general informational purposes only and does not constitute legal advice. Laws and regulations may change, and individual circumstances may vary. For specific legal issues, please consult with a qualified attorney licensed in California.