Legal Question in Real Estate Law in California

If I am renting a property and mobil to someone and it was to be transferred to them after 15 years and they paid cash monthly for 5 years.... Then quit paying .... And agreement was verbal only .... Can I legally evict them ..... And could they sue.......


Asked on 10/09/13, 4:06 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You have a lot of problems. An agreement to transfer an interest in real property is required to be in writing, to be valid. (Civ. Code, � 1624.) That rule applies to leases in which the term is longer than a year.

There are exceptions to these rules, and courts will apply those exceptions to prevent fraud. If you had a written agreement, you would be required to foreclose on the agreement in the event of default. I suggest you consult in person with a real estate attorney near you to go over these issues.

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Answered on 10/10/13, 7:31 am


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