Q: I am buying a house and the seller wants to stay in the property. What is the best way to structure the transaction such that I don’t have problems in the future if they fail to move? A: This is not a one-answer-fits-all scenario and how you proceed depends upon what you are concerned [...]
Q: I own a commercial office building with four suites. One of the offices is delinquent in rent for 3 months. Can I file an eviction action or am I affected by the eviction moratoriums? A: A commercial lease (e.g. office, retail) is not governed by any current eviction moratorium. Therefore, an owner has a [...]
Q: You previously wrote about challenging a CDC declaration signed by a resident. What does that process entail? A: To challenge a CDC declaration, an owner has to show that there are false statements in the declaration signed by the tenant. There are 5 factors that are in the CDC declaration, but there are only [...]
Q: Do any of the new rules and laws relating to evictions, affect my ability to sell my home with a resident in it? A: No, the eviction moratoriums that have been enacted have no legal bearing on the potential sale of the property. However, it has a practical bearing on the issue. The buyer [...]
Q: I am buying a portfolio of homes from another investor. When should I notify the residents and what do I have to say? A: When you buy one property (or multiple) you step into the shoes of the former landlord and you take on their rights and obligations. As soon as the escrow closes, [...]
Q: I know it’s a seller’s market. I used a standard real estate contract to buy a home and at the last minute, the seller refused to close saying she has a better offer on the home. What can I do? I have heard of a lis pendens to stop the sale, but how does [...]