Intestate succession laws come into play when you die without a will. In that scenario, your assets will go to your closest relatives under California intestate succession laws. Here are the basics about how intestate succession works in California. Which Assets Are Not Affected By Intestate Succession Rules? Only assets that would have passed through…
The Basics An annulment is a procedure to terminate a marriage. Once an annulment is granted, the former marriage is treated like it never legally existed. There are several grounds for seeking a to terminate a marriage by annulment. The most common are (1) that the marriage is made between spouses of an incestuous or…
When Can a Landlord Enter a Rental Unit? As the landlord, do you possess the right to enter your tenant’s home whenever you want? The short answer is “No”, since such a rule would infringe on the tenant’s privacy rights and his or her rights to quiet enjoyment of the premises. California Civil Code section…
This article explains the meaning of a tenancy at will in California, and the required procedures to be followed by the landlord when terminating the tenancy at will. What is a Tenancy at Will in California? A “tenancy at will” is an estate which confers a right to the possession of premises leased for an…
What happens when an individual passes away and no one is able to find the original last will & testament? Can a copy be submitted to the court in its place? If not, how does the court determine who is entitled to the estate property and the appropriate division of the property among the rightful…
Before a court can probate a will, it must determine that the will is valid and authentic. Although each state has its own rules, the courts typically require proof the will was actually created and signed by the person executing the will (called the “testator),” and that it otherwise complies with state law. In almost…
Landlords of non-exempt property seeking to evict a tenant need to show “just cause” for the eviction when (1) all tenants have continuously and lawfully occupied the unit for 12 months or longer; or (2) at least one tenant has continuously and lawfully occupied the unit for 24 months or longer. “Just cause” essentially means…
What Is Relocation Assistance? Relocation assistance is compensation landlords must pay to tenants when they are displaced from their units through no fault of their own. In California, the events triggering the right to relocation assistance include: the owner’s plan to move himself or a family member into the residence, withdrawal of the unit from…
The Section 8 Voucher Program is a tenant-oriented rental assistance program offering subsidized housing for low-income tenants. The main advantage the program offers for landlords is that the program pays the landlord directly for most of the rent charged to the tenant on a monthly basis. There are, however, several unique challenges faced by landlords…
You have successfully evicted a recalcitrant tenant. Can you now hold the tenant responsible for attorneys’ fees incurred in prosecuting the eviction lawsuit? The path to answering this question always begins with a review of your lease or rental agreement with the tenant. Many agreements provide for an award of attorneys’ fees to the prevailing…