Legal Question in Landlord & Tenant Law in California

can someone sign over thier apartment building to me iof they own it? and if so, can i evict everyone after


Asked on 4/08/10, 8:48 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Yours is too broad and general a question. If you're buying or otherwise acquiring title to residential income property, there are many concerns you should consult a lawyer about. Evicting existing tenants is the least of your concerns, but it's a subject wrapped up in your transaction. You should set a time to consult w/an attorney...Good luck.

Read more
Answered on 4/13/10, 8:57 am

Mr. Iadevaia is correct that acquiring an apartment building is a serious transaction with many complications that you need good legal advice about, but he is wrong that your direct questions are too broad to answer. Yes, someone can deed any kind of real property to any other person, including apartment buildings. If you don't pay them the fair market value, however, they will have to pay gift tax on the transaction, and documentary transfer tax will be due in any case. The property will also be reassessed for property tax purposes, unless it is one of a few intra-family transfers that are exempt, and a supplementary tax property tax bill may be issued and due. As for evicting everyone, you cannot do that. Because you know an apartment building is occupied by tenants, you take the property subject to their rights under any leases or rental agreements. If there are no leases or rental agreements, you still have to terminate their tenancies the same way as if you had rented the apartments to them yourself, giving proper notice, etc. Depending on the location of the building, you may also be subject to rent control eviction restrictions that further limit your ability to remove the tenants.

Read more
Answered on 4/13/10, 9:59 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California