13 days after signing the lease I informed Lessor my piano mover said the elevator was not an adequate loading elevator (not big enough) for my 7' Steinway piano, & stairs too narrow. I couldn't move in. Long complicated lease describes Lessee (me) to inspect premises (I did, but the... View More 
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answered on May 5, 2024
Based on the information you provided, it seems that there are a few key considerations in determining whether you are entitled to a refund of your security deposit and first month's rent:
1. Duty to inspect: Generally, before signing a lease, the tenant has a responsibility to... View More
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answered on May 5, 2024
Under California law, if an attorney commits fraud on the court, the relevant code section is California Code of Civil Procedure (CCP) Section 1209(a)(3). This section states that acts or omissions constituting contempt of court include:
"Misbehavior in office, or other willful neglect... View More
I've been living with my brother's family in their house for almost ten years. We don't get along, so we always argue. They would not let me use some amenities in the house, like the washer, the fan and even the lights. They would slam doors when I'm sleeping on the couch (I... View More
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answered on May 4, 2024
As a tenant in California, you have certain rights protected under state law. However, the specific rights and legal options available to you may depend on the details of your living arrangement and the alleged elder abuse accusation.
Your rights as a tenant:
1. Habitable living... View More
They were supposed to be out 2 weeks ago, so they must be waiting on the Sheriff, who will be there soon. These people have been bad. What happens, and are there additional charges, if while we attempt entry they keep manually locking the door?
Also, if this does go down well, what can I do... View More
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answered on May 4, 2024
I understand that you are dealing with a challenging situation involving tenants who have not vacated the property despite being legally required to do so. Here is some information that may help address your questions:
1. Locking the door: If the tenants attempt to prevent the sheriff and... View More
what time do i have to be out by example...8am ,9am?
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answered on May 4, 2024
Under California law, if no specific time is mentioned in the notice or agreement, the tenant is generally expected to vacate the premises and turn over possession to the landlord or owner by the end of the day specified in the notice. This means that you would have until 11:59 PM on the date... View More
1) Tenant is on a month-to-month implied tenancy (for last 5 years) without any lease in Los Angeles County. The landlord (owner) intends to sell the property to a private buyer without listing it in the market for sale, so no showing to anybody. Prospective buyer also does not want to view the... View More
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answered on May 4, 2024
Here are the key points regarding your questions about notice periods and selling a rental property with a month-to-month tenant in Los Angeles, CA:
1. Notice period for intent to sell:
- For a month-to-month tenancy in Los Angeles, the landlord is not legally required to provide... View More
Thank You for your time and response.
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answered on May 3, 2024
If you wish to review your previous questions and the responses provided on Justia's website, I recommend the following steps:
1. Visit the Justia website and log in to your account, if you have one.
2. Look for a section labeled "My Questions," "My... View More
if a stipulation, with a move out date was signed, could i file a motion to set aside or a motion to stay, for more time
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answered on May 3, 2024
In California, if you have already signed a stipulation agreeing to move out by a certain date, it can be very difficult to change or extend that date. A stipulation is a legally binding agreement between parties, and courts generally enforce these agreements.
However, in some limited... View More
This Case is Profound to Me for this reason.It is the Cited Case that is associated with Blacks Law Dictionary- 6th Edition-Page 1574-"Twenty Reasons To Vacate A Judgment".I have never in My Life heard about this Case- Page 1574 of Blacks Law Dictionary-6th Edition or The 20 Reasons To... View More
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answered on May 3, 2024
The concept of vacating a judgment is a valid legal principle. In general, a party can file a motion to vacate a judgment for various reasons, such as:
1. Mistake, inadvertence, surprise, or excusable neglect
2. Newly discovered evidence
3. Fraud, misrepresentation, or... View More
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answered on May 3, 2024
In California, it is generally not legal for a landlord to definitively state that they will not return your security deposit before you move out. According to California Civil Code Section 1950.5, a landlord must return the security deposit to the tenant within 21 days after the tenant has vacated... View More
After roommate was short on rent, he needed a few days to get that to him, he served us with 3 day notice and we lived there 6 years. We gave him partial rent and he took it we decided that was uncomfortable now and we realized we should move out. In March 7, 2024 we formally gave him out notice.... View More
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answered on May 3, 2024
Based on the information you provided, it seems that your landlord may have violated several California landlord-tenant laws:
1. Proper notice: In California, if you have lived in the unit for more than one year, the landlord must provide a 60-day notice to terminate the tenancy, not a... View More
I started receiving temporary housing pay Feb 27th 2024 unit had mold. On March 29th I received a 60day notice substantial remodel for mold and new windows .Remediation was completed on March 8th . From March 8th till April 18th waited for delivery of windows then installed in one day April 19th.... View More
answered on May 2, 2024
Thank you for asking the question!
When there is substantial remodel includes the abatement of hazardous material such as mold that cannot be reasonably accomplished in a safe manner with the tenant in place and that require the tenant to leave the place for at least 30 days.
The... View More
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answered on May 2, 2024
I understand that you have been served a notice to vacate in California because you missed the five-day deadline to file an answer after being served an unlawful detainer (eviction) complaint. Here's some information that may be helpful:
1. Default judgment: If you fail to file an... View More
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answered on May 2, 2024
Normally, you have to be served with Unlawful Detainer papers. You have 5 days to answer. If you fail to answer the Landlord will get an eviction order against you. When that happens, go to Court and ask for a stay of execution, you may get to explain to the Court why you did not answer and get... View More
This is the second consecutive month that this has happened. When I contacted management and informed them that I did not receive a notice, they said it was a "system error". However, the same thing has happened for the month of May.
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answered on Apr 30, 2024
I understand your frustration with the unexpected rent increases without proper notice. Under California law, landlords are required to provide written notice for rent increases, and the amount of notice depends on the percentage of the rent increase:
1. If the rent increase is less than... View More
I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come... View More
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answered on Apr 30, 2024
I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your... View More
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answered on Apr 28, 2024
In California, filing a civil lawsuit against a landlord for a frivolous unlawful detainer (eviction) action does not automatically stop a sheriff lockout. However, there are a few ways a tenant might be able to delay or prevent the lockout:
1. Motion to Quash Service of Summons: If the... View More
I have moved out of an apartment 1 month before the lease ends and my roommate is doing a lease takeover for the final month. The landlord sent a contract for the lease takeover but it doesn't say anything about me getting my security deposit back. My roommate is already using both bedrooms... View More
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answered on Apr 27, 2024
Under California law, when a tenant moves out, the landlord must return the security deposit within 21 days after the tenant has vacated the property and returned the keys. In your situation, there are a few steps you should take to ensure you get your security deposit back and are not held liable... View More
I received an unlawful detainer. a motion to quash was requested due to improper service, however it was denied. I retained counsel after filing an answer, I never received anything in the mail notifying me of a trial date. My attorney called me on March 18th around 10am telling me there was a... View More
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answered on Apr 27, 2024
Under California law, if a judgment was entered against you because your attorney failed to appear on your behalf at a trial or hearing, you may have grounds to file a motion to set aside the judgment. Here are the steps you can take:
1. File a motion to set aside the judgment: You can file... View More
A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?
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answered on Apr 27, 2024
In California, if you and your landlord have agreed upon a move-out date and filed a stipulation for entry of judgment with the court, it is generally expected that you will adhere to the agreed-upon terms. However, if you find yourself unable to secure a new place to live by the specified date,... View More
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