California Real Estate Lawyers
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California Real Estate Lawyer Referral and Information Service
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Last updated: May 2026 — Reflects California real estate law and Civil Code provisions in effect as of January 1, 2026, including updated unlawful detainer procedures and residential purchase agreement standards.
California real estate law is among the most complex in the country — shaped by the state's high property values, dense regulation, strong tenant protections, and the volume of residential and commercial transactions that occur in the state annually. Real estate legal matters are governed by the California Civil Code, the California Code of Civil Procedure, the California Business and Professions Code, and a comprehensive body of case law developed in California's Superior Courts and Courts of Appeal.
Purchase and Sale Disputes
The California residential purchase agreement — typically the CAR (California Association of Realtors) Residential Purchase Agreement — is a binding contract that creates specific legal obligations for both buyer and seller. Disputes arise from failure to disclose material defects under Civil Code § 1102, breach of contract, fraud in the inducement, failure to close escrow, and disputes over contingency removal.
California's seller disclosure requirements are among the most comprehensive in the country. Sellers of residential property must provide a Transfer Disclosure Statement (TDS) disclosing all known material defects affecting the property's value or desirability. Failure to disclose known defects can result in rescission of the sale, damages, and attorney fee awards under Civil Code § 1102.13.
Landlord-Tenant Law
Residential Tenancies
California has some of the strongest residential tenant protections in the country. The Tenant Protection Act of 2019 — Civil Code § 1946.2 — imposes just cause eviction requirements on most residential tenancies of 12 months or more, prohibiting termination except for specified at-fault or no-fault reasons. The law also caps annual rent increases at 5 percent plus local CPI, or 10 percent, whichever is lower, for covered units under Civil Code § 1947.12.
Local rent control ordinances — including those in Los Angeles, San Francisco, Oakland, and other municipalities — impose additional protections beyond state law and require careful navigation by both landlords and tenants.
Unlawful Detainer
An unlawful detainer — California's summary eviction proceeding — is governed by CCP § 1161 et seq. and is one of the fastest-moving proceedings in California Superior Court. After proper service of a written notice (3-day, 30-day, or 60-day depending on the circumstances), the landlord files an unlawful detainer complaint. The tenant has five days to respond.
Trial is typically set within 20 days of the tenant's response.
Procedural defects in the notice — including incorrect calculation of rent owed, improper service, or failure to comply with local rent control requirements — can result in dismissal of the unlawful detainer even if the underlying grounds for eviction are valid. Both landlords and tenants benefit from qualified legal representation in unlawful detainer proceedings.
Commercial Tenancies
Commercial leases in California are governed primarily by the terms of the lease itself, with significantly less statutory protection for tenants than in residential contexts. Commercial landlord-tenant disputes commonly involve lease interpretation, tenant improvement disputes, assignment and subletting restrictions, percentage rent calculations, CAM charge disputes, and breach of covenant of quiet enjoyment.
Title Disputes and Quiet Title Actions
A quiet title action — governed by CCP § 760.010 et seq. — establishes a party's ownership interest in real property as against all other claimants. Quiet title actions arise from disputed inheritance of real property, fraudulent deed transfers, adverse possession claims, boundary disputes, and title insurance defects.
California's adverse possession doctrine under CCP § 318 and CCP § 1007 allows a party who has openly, continuously, and exclusively possessed another's property for five years — while paying property taxes — to claim ownership through a quiet title action.
Easements and Boundary Disputes
An easement is a legal right to use another person's land for a specific purpose — access, utilities, drainage, or view. Easement disputes arise from express easements in deeds, implied easements based on prior use, prescriptive easements acquired through long-term use, and easements by necessity. California courts interpret easement rights and resolve disputes under Civil Code §§ 801–811.
Boundary disputes — which property line is in the correct location — are resolved through survey evidence, title chain analysis, and in contested cases, declaratory relief actions in Superior Court.
Construction Defect Claims
California's Right to Repair Act — Civil Code § 895 et seq. — establishes functionality standards for new residential construction and provides a prelitigation dispute resolution process for construction defect claims. Defects covered include structural issues, water intrusion, plumbing failures, electrical problems, and inadequate fire protection.
The limitations period for construction defect claims varies by defect type — 10 years for patent structural defects, 4 years for latent defects discovered after construction, and shorter periods for specific categories under Civil Code § 941.
Foreclosure Defense
California foreclosures proceed primarily through a non-judicial trustee's sale process under CCP § 2924 et seq. The California Homeowner Bill of Rights — Civil Code §§ 2923.4–2923.7 — provides specific procedural protections for homeowners facing foreclosure, including requirements for a single point of contact, prohibition on dual tracking (pursuing foreclosure while a loan modification is pending), and mandatory review of loss mitigation applications.
A homeowner facing foreclosure has multiple legal options — loan modification, forbearance, short sale, deed in lieu of foreclosure, bankruptcy, and in appropriate cases, legal challenge to the foreclosure based on procedural violations. A qualified real estate attorney evaluates all available options and the applicable timeline before a trustee's sale date.
Statutes of Limitations — California Real Estate Claims
California Real Estate Lawyer Referrals.
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Frequently Asked Questions — California Real Estate Law
What must a seller disclose when selling a home in California?
California sellers must provide a Transfer Disclosure Statement (TDS) under Civil Code § 1102 disclosing all known material defects affecting the property's value or desirability — including structural issues, water intrusion, pest infestations, neighborhood nuisances, and any other conditions a buyer would consider material. Sellers must also disclose natural hazard zone designations, the presence of lead paint in pre-1978 homes, and any known Meth contamination. Failure to disclose known defects can result in rescission, damages, and attorney fees.
What is the difference between unlawful detainer and eviction?
Unlawful detainer is California's legal term for the court proceeding a landlord files to evict a tenant. "Eviction" is the general term; unlawful detainer is the specific summary proceeding under CCP § 1161 et seq. Before filing, the landlord must serve proper written notice — a 3-day notice to pay or quit for nonpayment, or a 30/60-day notice for termination. A lockout or self-help eviction — changing locks, removing belongings, or shutting off utilities — is illegal in California and can result in significant damages against the landlord.
Can a landlord evict me without cause in California?
For most residential tenants who have occupied a unit for 12 months or more, the Tenant Protection Act of 2019 under Civil Code § 1946.2 prohibits termination without just cause. Just cause includes nonpayment of rent, lease violations, nuisance, and specified no-fault grounds, including owner move-in and withdrawal from the rental market. Single-family homes owned by individual landlords and condominiums are exempt from just cause requirements under specific conditions.
What is a quiet title action, and when do I need one?
A quiet title action under CCP § 760.010 is a court proceeding that establishes clear ownership of real property as against all potential claimants. You need a quiet title action when there is a disputed claim to ownership — such as a forged deed in the chain of title, a disputed inheritance, an adverse possession claim, or a judgment lien that clouds title. Title insurance companies frequently require the resolution of title disputes through a quiet title action before insuring a sale.
How does California's foreclosure process work?
California primarily uses non-judicial foreclosure — the trustee's sale process under Civil Code § 2924. After a borrower defaults, the lender records a Notice of Default. After 90 days, a Notice of Trustee's Sale is recorded with a minimum 21-day notice period before the sale. The California Homeowner Bill of Rights prohibits dual tracking and requires a single point of contact. A homeowner facing foreclosure should consult a real estate attorney immediately — legal options narrow significantly as the trustee's sale date approaches.
What is adverse possession in California?
Adverse possession allows a party to claim legal ownership of land they have openly, continuously, exclusively, and hostilely occupied for five years while paying all property taxes on the disputed parcel under CCP § 318 and CCP § 1007. All elements must be proven by clear and convincing evidence. Adverse possession claims are relatively rare in urban California given the continuous nature of the possession requirement and the property tax payment requirement, but they do arise in rural areas and disputed boundary situations.
DISCLOSURE: 1000Attorneys.com is a California State Bar–certified Lawyer Referral and Information Service (LRIS #0128), accredited by the American Bar Association. Attorney referrals are provided for general legal matters. We do not provide legal advice. The content on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Real estate matters are highly fact-specific and time-sensitive. Consult a qualified California real estate attorney before making any decisions about your matter.