Legal Question in Real Estate Law in California
house removal?
10 years ago I purchased a house and the 100 year lease for the property it sits on. in dec.2006 I was evicted and lost the lease due to ignored code violations. now the property owner says I have until 2/27/2007 to remove my abandoned property- the house. He claims it is valued at less than $300 so he can dispose of it without any further notice. I paid $50,000 for it, I believe it's worth more than $300. Is there anything legal I can do? I would like to have him buy me out or something. what are my options? as a house isn't real easy to just pick up and move.
1 Answer from Attorneys
Re: house removal?
The house would probably be considered a leasehold improvement. Upon termination of a lease, the leasehold improvements inure (become the property of) the lessor.
This is the usual legal principle. There are some exceptions, e.g., so-called trade fixtures can be removed by the tenant in most cases. Where the improvement is a structure such as a house, a lawyer working for you would want to review the lease and the purchase agreement to look for any provision that would allow you to retain some interest in the house.
A lawyer would also want to review the eviction, the code violations, and sniff around for any exvidence of fraud around your purchase.
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