Real Estate Practice Center

Real Estate Law

California Real Estate Law GuideGlendale & Los Angeles

Aerial view of hillside homes with tile roofs, the setting of many residential property matters

Start here: find your situation, see the California rule and deadline that usually matter first, and go straight to the right part of our practice.

Where should you start with a California property law question?

Start by identifying your role and the deadline you are facing. Buyers and sellers usually have contractual mediation requirements and discovery-based limitations periods. Tenants and landlords face short statutory notice and cure periods. Owners in boundary, easement, or foreclosure matters face recording dates and sale dates. The applicable deadline generally determines what should happen first.

At a glance

Foreclosure
Reinstatement ends five business days before the sale (Civil Code 2924c)
Shared fences
Equal cost presumed; 30 days' written notice first (Civil Code 841)
Property damage
Trespass or injury to real property: generally three years (CCP 338)
Service members
Pre-service mortgages: no sale without court order during service plus one year

California real estate law covers several distinct areas, including seller disclosure, landlord and tenant rights, foreclosure, boundaries and easements, and co-ownership, and each runs on its own deadlines. DiJulio Law Group organizes this guide by who you are and what has gone wrong, for buyers, sellers, owners, landlords, and tenants in Glendale and Los Angeles.

Where to begin with a California real estate law question

Real estate law is not one subject. A buyer with an undisclosed defect, a landlord with a non-paying commercial tenant, an owner facing a trustee sale, and co-owners deadlocked over a family property are in four different areas of law with four different clocks running. Matching the situation to the right body of law early is what prevents a solvable problem from becoming an expensive one.

The most common and most costly error is delay. California property claims are governed by short and often unforgiving deadlines: contractual mediation prerequisites before filing, notice and cure periods measured in days, foreclosure timelines measured against recording dates, and limitations periods that run from discovery rather than from the wrong. In several areas (injunctions, lis pendens, foreclosure) the remedy simply stops being available once an event occurs.

The sections below point to the right area of the real estate practice. If a property is in Glendale or Los Angeles specifically, the Glendale and Los Angeles pages set out the local courts, ordinances, and recording practice that apply.

Find your situation in this California real estate law guide

Start here

California real estate law is several bodies of law, each with its own clock. Pick the description that fits you below: buyer, seller, landlord, tenant, neighbor in a dispute, or owner in trouble with a lender. Each card names the first issue to check and links to the page that explains it in detail.

Co-owners and heirs who cannot agree on whether to sell are covered under partition and quiet title, and disputes where the relationship is worth keeping often move faster through real estate mediation. For representation in any of these areas, see DiJulio Law Group's real estate practice.

Selling a property

Sellers

Most residential sellers must deliver a Transfer Disclosure Statement under Civil Code section 1102 and following, and disclosure gaps drive most post-sale claims. Contract terms, deposit disputes, and a buyer who will not perform are covered under transactional real estate; a claim after closing is covered under nondisclosure.

Start with: the signed disclosures and the escrow file

Owning rental property

Landlords

Lease drafting, defaults, CAM reconciliation, and rent rules are covered under leases. Recovering possession runs through the unlawful detainer process, where notice defects are the most common reason cases fail.

Start with: the lease, the rent ledger, and any notices served

Renting a home or space

Tenants

Habitability, repair notice, and rent increase questions are covered under leases and mold and habitability claims. If you have been served with a notice or an eviction lawsuit, see unlawful detainer defense right away, because the response time is short.

Start with: the lease and every written repair request

Behind on a loan

Lender trouble

Notices of default, sale dates, and servicer errors are covered under foreclosure defense. Active duty and recently released service members have added rights explained under SCRA foreclosure protection.

Start with: every recorded notice and the date it arrived

Aerial view of dense neighborhoods stretching toward distant high-rises, where thousands of properties change hands
Real estate questions range from purchases and leases to boundary lines, easements, foreclosure, and land use approvals.

Which California deadline applies to your property problem?

Deadlines first

In California property matters, the deadline usually decides what happens first. Foreclosure reinstatement closes five business days before a sale, a shared-fence project needs 30 days' written notice, a trespass claim generally must be filed within three years, and service members keep foreclosure protection for one year after service. Find your row below.

This guide is general information, not advice about a particular property. The California Courts Self-Help Center (opens in a new tab) explains court procedure, and the pages linked above set out the Glendale and Los Angeles practice that applies to each area. You can also review how comparable matters were analyzed in our California real estate case studies.

California property deadlines at a glance
SituationThe clock that mattersSource
Behind on a mortgageReinstatement ends five business days before the scheduled sale date.Civil Code § 2924c
Notice of default receivedAt least three months before notice of sale; notice of sale at least 20 days before the auction.Civil Code §§ 2924, 2924f
Replacing a shared fence30 days' written notice to each adjoining owner before incurring costs.Civil Code § 841
Shared driveway repairsWritten demand before suing a co-owner for contribution.Civil Code § 845
Encroachment or property damageAction for trespass on or injury to real property generally within three years.CCP § 338(b)
Service member with a pre-service mortgageNo sale without a court order during service and one year after.50 U.S.C. § 3953
Lis pendens recorded against youA motion to expunge can be brought, and the winner generally recovers fees.CCP §§ 405.31, 405.38
R. David DiJulio, Managing Partner, DiJulio Law GroupManaging PartnerR. David DiJulioRead profile
Office
330 North Brand Boulevard, Suite 1280, Glendale, California 91203
Courts
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Focus
Property disputes, purchase and sale litigation, leases, disclosure claims, and land use across Los Angeles County.

California real estate law guide by situation

Each entry links to the area of the practice that handles that issue.

Buyers After Closing

Undisclosed defects, water intrusion, unpermitted work, and misrepresentation by a seller or agent. See failure to disclose defects and mold claims.

Buyers and Sellers Mid-Transaction

Contract terms, title exceptions, deposit disputes, and a party who will not close. See transactional real estate.

Owners With Neighbor Problems

Property line conflicts, encroaching structures, blocked access, and long-term occupation of a strip. See boundary disputes, easements, and adverse possession.

Landlords and Tenants

Lease terms, defaults, CAM disputes, habitability, and rent regulation questions. See leases.

Owners Facing Foreclosure

Notices of default, trustee sale dates, servicer errors, and modification disputes. See foreclosure defense and military protections.

Owners and Developers With Cities

Permits, variances, conditional use, code enforcement, and appeals. See zoning and land use.

How California property problems usually develop

Composite examples of the matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.

The Problem Surfaces

A defect appears, a notice arrives, a neighbor builds, or a party refuses to perform. This is the point at which documentation is most complete and remedies are broadest, and the point at which most people wait.

The Positions Harden

Letters are exchanged, repairs are made, money is spent, and evidence degrades. Options narrow. Contractual mediation requirements and limitations periods begin to matter.

The Deadline Passes

A sale closes, construction completes, a cure period lapses, or a limitations period runs. What remains is usually a damages claim rather than the remedy that would actually have solved the problem.

How to prepare before you call about a property problem

  1. Gather the core documents

    Deed, title report, purchase agreement and disclosures, lease, loan documents, and every notice or letter exchanged. Most property questions are answered from these.

  2. Build a dated timeline

    When the condition arose, when you learned of it, when you gave notice, and when you were told anything. Limitations periods in California property law usually run from discovery.

  3. Ask early

    The cheapest legal work happens before a contingency is removed, before a cure period lapses, and before a sale closes. Request a consultation while options remain open.

Signs your property question needs a lawyer now

  • A document with a deadline has arrived: a notice, a demand, or a summons.
  • A sale, refinance, or construction is proceeding while your claim is unresolved.
  • You are about to sign something you do not fully understand.
  • You are about to repair, demolish, or remediate something that is in dispute.
  • The other side has retained counsel and you have not.
  • You are unsure whether a claim is still within the limitations period.

California real estate law sources and court resources

California real estate cases we’ve analyzed

Court decisions and legal developments DiJulio Law Group has written about. Each summary explains the law; none describes a firm client or result.

California real estate law questions answered

General orientation questions about California property law and how matters proceed.

Where should I start with a California real estate legal problem?

Start by identifying your role, whether buyer, seller, landlord, tenant, neighbor, co-owner, or borrower, and the deadline you are facing, because California property law is several separate bodies of law with their own clocks, and the nearest deadline, such as a sale date, a notice period, or a limitations period, usually decides what has to happen first. Then gather the deed, contract, lease, and notices.

What should a buyer do after finding an undisclosed defect?

A California buyer who finds an undisclosed defect after closing should document it with dated photographs and expert inspection, gather the Transfer Disclosure Statement and every other disclosure the seller signed under Civil Code section 1102 and following, and avoid destructive repairs until the evidence is preserved, because the claim usually turns on what the seller knew and disclosed. Check the purchase agreement for mediation clauses.

What can I do if the seller refuses to close escrow?

A California buyer whose seller refuses to close can sue for specific performance, because Civil Code section 3387 presumes money cannot adequately remedy a breached agreement to transfer real property, and the buyer can record a lis pendens to keep the property from being sold to someone else while the case is pending. The buyer must have performed, or be ready to perform, their own obligations.

What should a landlord or tenant do first in a lease dispute?

In a California lease dispute, both landlords and tenants should first read the lease and every notice exchanged, put all repair requests and responses in writing, and get advice before withholding rent, serving a notice, or vacating, because a defective notice or an unauthorized withholding can decide the case regardless of the underlying merits. Local rent rules in Los Angeles add further requirements.

What should I do if a neighbor's fence, wall, or driveway use crosses my line?

If a neighbor's fence, wall, or driveway use crosses your California property line, order a licensed survey, gather the deeds and title report, photograph the area with dates, and avoid tearing anything out yourself, because the remedies range from a recorded agreement or lot line adjustment to quiet title, removal, or an equitable easement. Long use may also have created a prescriptive easement.

What happens if I fall behind on my mortgage in California?

If you fall behind on a California mortgage, the trustee can record a notice of default, wait at least three months, give at least 20 days' notice of sale, and then sell the property at auction, but you can reinstate by curing the default until five business days before the sale and may qualify for loan modification protections. Note every recording date as soon as notices arrive.

What should I do if I receive a demand letter about a property dispute?

Do not ignore a demand letter about a California property dispute; instead, preserve every related document and photograph, note any response deadline, avoid admissions or repairs that change the evidence, and have counsel review the letter before you reply, because your response can shape the claims, defenses, and fee exposure that follow. Some letters are required notices that start statutory clocks.

Can a co-owner or heir force the sale of a California property?

A co-owner of California real property can ask a court to divide it through a partition action, and the court will order a sale instead of physical division if the parties agree or the court finds a sale more equitable, but heirs must usually have their ownership confirmed in probate first, as Amundson v. Catello illustrates. A negotiated buyout often resolves the deadlock sooner.

Real estate law guidance for Glendale and Los Angeles

Where the property sits determines the courthouse, the applicable local ordinances, and the recording office.

Talk to a Real Estate Attorney

Describe the situation and we will tell you which area of law applies, what deadline you are working against, and whether legal action is warranted at all. You can also review our California real estate case studies.

Request a consultation(818) 502-1700

330 North Brand Boulevard, Suite 1280, Glendale, CA 91203