All Forum Posts by: Alberto Murillo

Does a CA declared State of Emergency affect all counties for Price Gouging under California Penal Code 396?

Ahhh! got it. Thank you again for all the advise and time. 

Thank you Greg for replying so quickly, and for correcting me on the correct form. I wasn't even thinking about State tax, thank you for bringing that up, and now thats an additional part to worry about, jeez. 

I am very grateful for your advise, just needed more info on the last sentence. Are you referring to vesting and/or type of ownership? 

Greetings,

My father wants to sell a property to me for way below market value. Market value: $400k, and purchase price: $175k in Alameda County California.

He is gifting me $225k. I am financing $175k

Will he have to pay taxes on $225k? This is the only gift he will ever give me in his lifetime, and therefore does not exceed the $5.45million lifetime gift limit. However, obviously this is over the $14k yearly limit.

The biggest question is on tax liability. Would he have to pay taxes on this gift for the year 2017? Would he ever have to pay taxes on that gift? Does he report the entire amount on form 706, or can he structure his tax returns reporting 14k/year for the next 17 years?

Please advise, thank you.

Hi Steve, Yes I am not sure about that, and I may have shot myself on the foot here, but I am looking into it. Actually heading over to the tenant board and self help at court offices for this. 

Worse case scenario I will have to start everything over. 

 Thank you Joel. 

John: Thank you for the input, I felt he did have sufficient time. 

Wayne: That's a good point, I will consult with Oakland tenant board about that. Thank you for the input. 

The original agreement was $1350 + his labor for updating the kitchen. He never fulfilled his end of the bargain, and I advised him 60-days before lease expired that I would be increasing rent to market value. I decided not to prosecute for his labor because at first I did not want to go through the entire eviction process. However, once we got closer to end of tenancy, tenant never said anything about the increase and even advised he would be moving out. Of course he did not move out and continued paying the old rental amount. 

Marcia: Thank you for your input, you make a really good point about the possibility of restarting the tenancy. I believe he actually never meant to keep his end of the bargain and must have thought because I went the whole year without enforcing the labor for the kitchen that he had me "eating out of his palm," (he made several rude comments about being stupid enough to fall for that). The kitchen was never updated, and I failed and decided not to take him to court for it. I tried numerous times advising in writing that work needed to start, I also tried asking him to do it in phases, etc..finally I advised him to seek legal help at Oakland's tenant board for the series of things that would happen next. 

Steve: Thank you for the input. The increase was over 10% and I gave him over 60-days notice with 3 follow-ups before his tenancy ended. This tenant verbally advised he would move out by the end of the tenancy but never wanted to sign something that indicated his move-out date. He is 2 months over the lease agreement , continues occupying and continues paying the old amount. 

Greetings All, 

I went through an entire eviction process where the tenant did not answer the UD complaint and therefore was granted a default judgement (I started this because I increased the rent and tenant continued to only pay the old rent amount). I then proceeded with the the steps necessary to have a writ of possession and the sheriff then served it. 

Here is where I am at with this: 

I was planning on deducting the difference of rent owed from the security deposit after he moved out, but the tenant has paid the old rent amount for the month of October. He wants to stay a few more days, but he does not know how to ask for a Stay (in response to writ of execution), and I am not going to tell him how. My question is the following: 

Can I allow him to stay until the end of the month without any major liabilities to me or making a "noobie" mistake. 

I want to be fair, and even understanding. He was given until the 21st to move out, but I want to extend it till the 31st (10 days extension). I am aware that there is always a risk of him not moving out, and if he doesn't move out, I want to make sure that I will not run into trouble by extending it outside of the courts as far as proceeding with a judgement goes and having the sheriff enforce the writ of possession for a put-out. 

Should I just continue with the writ of execution as planned or give him the extra 10-days? 

Thank you J. The deal breaker will be if my home is a rent controlled home. and I don't think this home qualifies as one. But I will double check with tenant board and come back to advise.