Real Estate

Trivino Perez & Associates, with nearly 20-years of Real Estate Litigation experience, has a record second-to-none. He has extensive experience in complex litigation involving real estate transactions and property disputes.
We have represented homeowners, businesses, landlords and tenants and claimants in a wide range of areas:

Eviction
Landlords typically want to evict tenants who:
 refuse to leave the property after expiration of a lease;
 refuse to pay rent even after receiving a three-day notice to pay or
quit;
 refuse to comply with a lease or rental agreement provision even
after receiving a notice to perform or quit;
 cause a nuisance to neighbors;
 commits waste to the property (i.e., causes damage);
 maintains a nuisance;
 engage in illegal activities on the property; and
 remain in possession of the property after agreeing to leave.
(Code of Civ. Pro. § 1161.)

Tenants often are the victims of Landlord Tenancy Law abuse:
 Unhabitable apartments and houses rented;
 Landlord has refused to repair a material issue;
 Landlord is harassing a Tenant;
 Landlord has retaliated after a Tenant has complained;
 The premises are unsafe and Landlord refuses to do anything about
it;
 Defective three-day notice to pay or quit;
 Tenant in building is engaged in illegal activities on the property; and
 The apartment or dwelling is an unpermitted garage conversion.
(Code of Civ. Pro. § 1942.)

Non-Disclosure Fraud
Non-disclosure, false representation, and concealment are all forms of fraud that frequently arise in the context of real estate disputes. A defrauded party may sue for damages or rescission of the purchase agreement. (Wilke v. Coinway, Inc. (1967) 257 Cal. App. 2d 126, 136.) The elements are:

 There was an intentional misrepresentation;
 You justifiably relied on the misrepresentation; and
 The misrepresentation caused damage.
(Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal. 4th 951, 974.)

Bad Faith Insurance
If your insurance company denies you coverage without, conducting a
proper investigation, you can hold your insurance company liable for “bad
faith insurance practice” or otherwise referred to as, breaching an implied
covenant.
Partition Actions
When multiple individuals own a property together, and one seeks to sell or
take his/her share, but the remaining co-owners are unwilling to do so, the
legal option available to the owner(s) is to file an action for partition of the
property. This is a process to have the court order the sale of the property,
after which the proceeds shall be divided among all of the parties.

Neighbor Disputes
When disputes arise between neighbors such as:
 Build an unnecessarily high fence adjacent to your property;
 Neighbor negligently or intentionally allows his/her trees to drop
branches or leaves onto your property;
 Neighbor trespasses onto your property (either directly or indirectly);
 A Neighbor is creating a nuisance such as loud music, smell,
vibration, etc.;
 A neighbor is engaging in illegal activities.
Presence of Mold or Friable Asbestos
 A structure contains mold or friable asbestos;
 Insurance company has denied abatement coverage;
 Caused by a faulty roof or plumbing work;
 The conditions were known to a prior owner of the property.