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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: State of Calif : Can tenants in low to moderate income apartments be charged for common area utilitiy charges.

Sprinklers ,property lighting sewar costs.

This is outside of the normal monthly cuts tennant pays for their individual apartment usage

James L. Arrasmith
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answered on Apr 14, 2024

In California, the rules regarding utility charges for tenants in low to moderate income apartments are governed by state laws and local ordinances. Here's what you should know:

1. Rent: Landlords can only charge tenants for utilities if it is specified in the rental agreement. If the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If a mold issue appears during a eviction who is at fault

A plumber came out and replaced the ring on the toilet and I told him that I think there's a leak underneath the toilet and he did nothing who's at fault if it's a mold problem

James L. Arrasmith
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answered on Apr 14, 2024

Under California law, the responsibility for mold issues in a rental property depends on the cause of the mold growth and the actions taken by both the landlord and tenant.

Landlord's responsibilities:

1. Provide a habitable rental unit, free from health and safety hazards,...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can I break lease if I report multiple issues to landlord such as roaches, rats, window issues, and mold?

Window is missing one layer of the double pane windows now there is mold building up around windows and I have an 8 year child that it can affect. Since I moved in January there are roaches and I I reported it to management but no resolution. I've bought multiple products but none work. Now I... View More

James L. Arrasmith
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answered on Apr 14, 2024

In California, tenants have the right to habitable living conditions, which includes a pest-free and mold-free environment, as well as properly maintained windows. If your landlord fails to address these issues in a timely manner after being notified, you may have grounds to break your lease.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Unlawful Charges from Former Apartment Management and failed to allocate rent assist fund ans sevurity deposit

While my application for rental assistance was in progress, I was evicted from the apartment. The last sheriff who served me handed me a piece of paper indicating a final balance of $15,000 in favor of the apartment management. However, after my eviction, the rental assistance was approved and... View More

James L. Arrasmith
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answered on Apr 14, 2024

I'm sorry to hear about your difficult situation with your former apartment management. It sounds like there are several issues at play here:

1. Eviction despite pending rental assistance application

2. Failure of management to properly apply rental assistance funds they...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Riverside county CA - is a landlord required to make repairs during the 60 day notice to vacate?

Landlord served no cause notice to vacate. Tenant is being difficult and now sending laundry list of things "wrong" with the home after notice was served. Rental agreement states tenant is responsible for minor repairs and upkeep of the unit.

James L. Arrasmith
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answered on Apr 13, 2024

In Riverside County, California, a landlord is generally obligated to maintain the rental unit in a habitable condition, even during a 60-day notice period. However, the extent of the repairs required depends on the nature of the issues and the terms of the rental agreement.

Here are a few...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord falsely accused me of refusing three pest control treatments and says I owe $1300.
James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about your situation with your landlord. Under California law, there are certain protections for tenants when it comes to pest control and false accusations. Here's some information that may be helpful:

1. Landlord's responsibility: In California, landlords...
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1 Answer | Asked in Elder Law and Landlord - Tenant for California on
Q: I have lived 22yrs in my home. My original landlord died in Feb2023. He owned many homes including (2) others on the sam

Plot with me. His heirs have listed our homes for sale. Many unknown people are videotaping all around our homes. I’m totally disabled and am frightened by these strangers constantly being around. What rights do I have ? Thank you

James L. Arrasmith
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answered on Apr 13, 2024

As a long-term tenant in California, you have certain rights that protect you even when the property ownership changes hands. Here are a few key points to consider:

1. Just Cause Eviction: Under the California Tenant Protection Act (AB 1482), if you have lived in the property for more than...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I have a tenant in the Bay Area Ca that was given a 60 day notice to term the month to month home lease.

Since giving tenant notice, they have not paid months rent & gave me less than 30 day notice of them terminating the agreement. Can I serve them with 3day notice to pay or quit?

James L. Arrasmith
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answered on Apr 12, 2024

In the Bay Area, California, if a tenant is on a month-to-month lease and has been given a 60-day notice to terminate the tenancy, the tenant is still obligated to pay rent during those 60 days. If the tenant fails to pay rent during this period, you can serve them with a 3-day notice to pay or... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What can I do to get my property manager to stop harassing me about proof of payment?

My property manager has been harassing me for months about proof of payment for waste fees from 2 years ago. I paid these on time and have provided bank statements as proof but he is not accepting them because he wants signed copies of the checks. I've spoken to multiple bank representatives... View More

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, you have several options to address the situation with your property manager:

1. Send a formal written notice: Write a formal letter to your property manager, clearly stating that you have provided sufficient proof of payment through your bank statements. Explain that...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I sign a lease and paid the move in fee and the landlord is not answering the phone. Can I call the police

It was 2 properties. He said it was getting fixed.but the house that was mine is not touched. I found out the other house that's getting fixed is 2 streets over. I have his address and videos and pictures of him trying to prove that the house is getting fixed.i have him talking about the house... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the details you've provided, it sounds like you may be the victim of a rental scam or fraud. If the landlord has taken your money and is not providing the rental property as agreed upon in the lease, and is now avoiding your attempts to contact them, this is a serious issue.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is it illegal to write on a wall in a house with permanent marker? I live with my ex and do not have a lease agreement

Can I get evicted?

James L. Arrasmith
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answered on Apr 11, 2024

In California, writing on the walls of a house with a permanent marker could potentially be considered damage to the property, even if you live there. The legal implications depend on your specific living situation and any agreements you have with the property owner or your ex-partner.

If...
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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If someone sells the property out of garage that I am renting for storage, without notifying me, what lawyer do I need?

It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.

He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 10, 2024

Any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract (provided the breach occurred less than 2 years ago). The text messages, so long as they confirm the material details of the agreement,... View More

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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If someone sells the property out of garage that I am renting for storage, without notifying me, what lawyer do I need?

It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.

He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry to hear about this devastating situation. Based on the details you've provided, it seems that you may have a case against the person who sold your property without proper notification. In California, this could potentially fall under several legal areas, such as breach of... View More

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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If someone sells the property out of garage that I am renting for storage, without notifying me, what lawyer do I need?

It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.

He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have... View More

Robert Kane
Robert Kane
answered on Apr 10, 2024

As Mr. Cortright stated, "any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract." If you are looking for an attorney on a contingency basis that may be a problem. Fifty thousand... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: I need help negotiating terms for an apartment

I signed a lease and the apartment they promised was not available so they are trying to offer me something else but at a higher price and in my opinion not that good of quality.

James L. Arrasmith
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answered on Apr 10, 2024

When negotiating terms for an apartment, especially when the originally promised unit is not available, here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses that address what happens when the promised apartment is not available. This may give you...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: What right does someone have who receives mail at apt. but is not on the lease

Ex is not on the lease, lives in apartment, wont leave, gets mail here but hasn't paid rent for the month. We do not have a written contract.

James L. Arrasmith
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answered on Apr 9, 2024

In California, a person who receives mail at an apartment but is not on the lease is considered an "unauthorized occupant" or "squatter." However, they may still have certain rights under California law, depending on the circumstances.

1. Establishing tenancy: If the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is it possible to build a case against my landlord for wrongful eviction without proof on their end?
James L. Arrasmith
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answered on Apr 9, 2024

In California, landlords must follow specific rules and procedures when evicting a tenant. If a landlord fails to comply with these requirements, the tenant may have grounds for a wrongful eviction case. However, the burden of proof generally falls on the tenant to demonstrate that the eviction was... View More

1 Answer | Asked in Civil Rights, Consumer Law, Identity Theft and Landlord - Tenant for California on
Q: what court forms are needed to file civil lawsuit for filing a illegal eviction, negligence, Identity theft, harassment

Vehicle Vandalism/Auto Theft:

Due to the property managers inadequate security measures and camera mispositioning in the parking garage, Crystle Strong’s vehicle was vandalized and stolen. Police report available. Unlawful Detainer Eviction:

Despite receiving rent payments from... View More

James L. Arrasmith
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answered on Apr 8, 2024

To file a civil lawsuit in California for the issues you mentioned, you will need to fill out and file several court forms. The specific forms may vary depending on the county where you are filing the lawsuit and the specific claims you are making. However, here are some common forms you may need:... View More

3 Answers | Asked in Landlord - Tenant for California on
Q: Trying to exercise an option in a commercial lease that required a letter but my landlord told me not to send a letter.

After telling me not to send a letter my land lord terminated my lease and wants to offer me a much much worse lease. Is this fraud?

James L. Arrasmith
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answered on Apr 8, 2024

Based on the information provided, it's difficult to determine whether the landlord's actions constitute fraud under California law. However, the situation you described raises some potential legal concerns.

In California, commercial leases are governed by the terms of the lease...
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