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Blog | San Diego Real Estate Lawyer Blog
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San Diego County Auctioning Off Properties – New Owners May Need to Evict

If I buy a property from the County of San Diego’s auction of tax delinquent properties, will I have to evict the former tenant/owner?  The answer is maybe.

The county auctions present a unique opportunity for investors to pick up properties at a discount.  But the truth of the matter is that most property worth very much ends up not going to auction. The owners have up until a few days before the auction to pay of the taxes and save the property.  In most cases they do.  As a result, only 31 of the 200 properties originally on the auction list are still up for auction.

The properties that remain are largely barren land in Borrego Springs or land locked and fairly useless parcels throughout the county.

But 15 of the 31 remaining properties are owner occupied.

Any buyer of the owner occupied properties will either have to make a deal with the current owners through a cask for keys type of agreement OR file an eviction.  So if you buy, you will likely not be able to occupy the next day.

To find out more about the properties available, you can visit the San Diego County Treasurer – Tax Collector Website list of properties at http://www.sdtreastax.com/current-year-sale-parcel-list.html

This interview on KPBS Television’s “Evening Edition” with Dan McAllister, San Diego County’s treasurer-tax collector, is also informative.

If you purchase one of these owner occupied properties and need help getting rid of the former owner, give San Diego Eviction Attorney Steve Wedeking a call at 619-550-3881.

San Diego 2007 Wildfires Statute of Limitations

2007 San Diego Wildfires

Today is October 18, 2011.  Almost 4 years ago, wildfires ravaged San Diego County.  The fires included the Witch Creek Fire, the Guejito Fire and the Rice Fire.  Many people have brought lawsuits as a result of the fire and since then litigation against SDGE and others have proceeded in San Diego County Superior Court.

While many have had their claims settled, there are still a lot of people effected by the San Diego Wildfires that have legitimate claims against those responsible that have not filed a lawsuit.  Time is running out for those that have not filed.  At the four year mark, many if not all of the claims may be barred by what is knows as the statute of limitations – basically a time limit on when you can sue after you are damaged.

For those people effected by the 2007 San Diego Wildfire, whether it be the Witch Creek Fire, the Guejito Fire or the Rice Fire, that have not filed a lawsuit for their damages, there is very little time left to preserve your claims.

Our firm has been involved in the 2007 San Diego Wildfire litigation and have recovered for our clients.  If you think you may have a claim, please do not hesitate to contact our office.  Our attorneys are ready to handle your case.

If you have a claim, you should also know that our office handles 2007 San Diego Wildfire Cases on a contingency basis.







San Diego Eviction Lawyer Warns Landlords to Avoid Self Help

As a San Diego Eviction Lawyer, I am seeing more and more frustrated San Diego landlords attempting to remove tenants by what is known as self help.

The problem is that self help is not OK.  Self help includes things like shutting off utilities such as water and power.  It also includes coming into the unit and moving the tenants property out of rooms or out of the unit altogether.  Changing locks is also a no no.

Landlords that try self help methods may find themselves in a heap of trouble.  Most self help results in what is known as constructive eviction.  This is bad for landlords.

As an initial matter, if the tenant does not leave as a result of your self help, a landlord will have to go through the eviction process.  Depending on the basis for the eviction, constructive eviction may be an affirmative defense that leads to the tenant winning the eviction lawsuit.  In such a case, the landlord finds themselves in a situation where the tenant gets to stay and the landlord may have to do a lot of work just to get to the point where they can try another eviction.

But even if the tenant leaves as a result of a landlords self help, the landlord may still face serious problems.  The tenant can sue the landlord after she leaves for constructive eviction.  There are several theories of the recovery for the plaintiff that may include statutory damages and actual damages.

The point is: self help is a bad idea.  It is a much better idea (and maybe cheaper) to hire a San Diego Eviction Lawyer and follow the law.

To get rid of an unwanted tenant, you must follow the laws in California.  Typically this involves serving the tenant some sort of notice and then filing an unlawful detainer if the tenant does not do what is required in the notice.  Only after you have obtained a judgment from a Court can you have the Sheriff forcibly remove a tenant.

San Diego Eviction Lawyer – Paying Rent When Landlord’s Mortgage is in Default

San Diego Eviction and Unlawful Detainer Attorney: Does a San Diego tenant have to pay rent if the landlord is not paying the mortgage and facing possible foreclosure? As a San Diego Landlord Eviction Attorney, I am getting more and more calls from Landlords asking me this very question. Sometimes the landlord tells me that…

San Diego Eviction Attorney Discusses Who Should Serve a Notice on Tenants

As a San Diego Eviction Attorney, one of the most common reasons that people come to me after losing an eviction case they lost is that the tenant convinced the judge that they were never served with the notice (3 Day Notice or Pay or Quit, Thirty and Sixty and Ninety Day Notices, Three Day…

San Diego Eviction Attorney Discusses When Rent is Late

As a San Diego Eviction Attorney, I discuss evictions and unlawful detainers almost every day with clients and potential clients.  One thing I commonly hear is that San Diego landlords seems to think that rent is due on the 1st but not late until after the 5th of the month. Ok  first things first, rent…