Legal Question in Business Law in California

Your attorney question is posted in the wrong area - Business Law. You need to re-post in Landlord-Tenant or Real Estate law. Or you can also contact an attorney in your area for advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

In both situations, you are going to need a lawyer's assistance to prevent bad situations from growing worse.

In the case of the non-paying lease-to-own tenant, there have been multiple violations of the lease and you need to terminate the tenant's right to acquire ownership and terminate the tenancy as well. I hope you have a well-drafted contract and got a security deposit.

In the other situation, you also need help to figure out and enforce your rights. Co-owners of property are generally fiduciaries of one another and owe each other certain duties; there may be an actionable breach. Also, you may have been partners, also giving rise to certain rights and duties.

The laws applicable to both situations are somewhat complex, and without reviewing all the deal documentation, an attorney cannot accurately advise you what avenues should be pursued to rectify these messes. Nevertheless, you probably do have steps worth taking, both to prevent further erosion of your interests and to recover some of your losses.

The advice you have gotten from Mr. Whipple is absoutely correct. I have over twenty years experience in real estate law and litigation. If you would like to make an appointment for a no obligation consultation in one of my Sacramento area conference facilities, please contact me by phone or email.

You are personally liable on the loan, even though you are no longer on "title" to the property. I would evict the tenant in your first situation, and you should have a lawyer at least review any documents, because with forged documents, the thing is going to turn into a "he said/ she said."