Legal Question in Real Estate Law in California

I co-own a building, a TIC, and my co-owner has been extremely unreasonable and unpleasant over the past few years, as has the person who moved in with him. (We all reside in the building.) There has been harrassment, illegal activity, conversion of uses of portions of the property without notice or permission, threats and more. The co-owner and I are bound by a TIC contract; he has backed down when we get to the brink of mediation, then engaged in new transgressions and violations. The person who moved in with him is not a party to the contract, a legal tenant, or otherwise possessed of rights in the building. I'm wondering about separate action against that party to protect myself from this behavior, but mostly thinking about a forced sale or partition sale to just liberate myself from these people. What are my protections and exit strategies?


Asked on 12/06/10, 9:40 am

1 Answer from Attorneys
Deborah Barron Barron Law Corporation

You have the right to file a partition action unless the TIC contract agrees to binding arbitration as an alternative. Or, you can always seek a restraining order or preliminary injunction to stop the harassment, etc... against the co-owner or the roomate. While the roomate may not have ownership or formal tenant rights, as a matter of law is a tenant of sorts as is anyone who stays at house for a period of time gains rights to possesion under landlord/tenant law. Other than a civil harassment order, you will need an attorney to file a complaint to obtain any of the other relief suggested. Please contact me for further assistance. Barron Law Corporation, 1750 Montgomery, San Francisco 94111. [email protected]

http://www.lawbarron.net

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Answered on 12/11/10, 10:05 am


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