Legal Question in Real Estate Law in California

rental problems

I own a rental home with my sister, actually the home was our childhood home that belonged to my mother who passed away. At this time we can not agree on anythig haveing to do about the house and it will probably have to go to court to settle the matter.The problem is we need to get a new roof on the house. My sister live in boyfriend is a roofer and she is demanding the he do the roof, I think it would be a conflict of interest because my sister is living with him. I want to hire an another roofer who is not involved and I told her I will pay the whole amount of the roof. She says I can not do that, I have to go with her roofer or else! Can I pay for it myself without her? We are joint tnenats on the deed. She is also saying the before she pays her half of the roof she wants the tenant evicted because my sister does not like her. This is a perfect tenant, in 7 years she has never been late and has never asked for repairs to get done she has paid for all. (Except for the roof)

Can I hire my own insured and lisecesed roofing company or do I have to go with hers. I have signed no contract with her roofer, but he says that my sister has scheduled it for 10/04.

Help what can I do.

Grry


Asked on 9/27/04, 1:05 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: rental problems

You can hire your own roofer and pay for it youself. However, if your sister's boyfriend is going to start work on 10/04, you will need to have whomever you hire begin before that date, or the work will probably be started by the boyfriend.

As far as the tenant is concerned, if the tenant is a month-to-month tenant who has lived in the house for 7+ years, you will need to give them a 60-day notice to terminate their tenancy. Because you are joint tenants, both you and your sister have joint, concurrent ownership of the property, and both of you can do whatever you like, so long as your proposed conduct is otherwise legal. That means that your sister could give the notice without your consent. If the tenant does not move, your sister can then bring an unlawful detainer action to remove the tenant, without your consent.

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Answered on 9/27/04, 1:41 pm
Larry Rothman Larry Rothman & Associates

Re: rental problems

It would not be any conflict of interest for your sister's boyfriend to do the roof, as long as he is a licensed contractor, and the price and guarantee is similar to other roofing contractors. I would suggest you obtain several bids. If you have other disputes with her such as the renter, you may agree with her to sell the property or seek partition. Please contact us if you have any questions or need further assistance.

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Answered on 9/28/04, 9:30 am


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