Lawyers, Answer Questions  & Get Points Log In
Landlord - Tenant Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: GOO AFTERNOON, WE RECEIVE A NOTICE TO TENANT OF TERMINATION FROM THE HOA LAWYERS. WE NEED TOSEE IF WE CAN GET MORE TIME.

TO FIND A NEW PLACE TO LIVE.

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 10, 2024

This is not how things work. There's no legal proceeding that would allow you more time. When the lease is terminated, that's the end and you must leave. If you remain, the HOA and/or the landlord can file an eviction complaint against you. The LAST thing you want is an eviction complaint... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: What are my legal rights selling a home with people living in it and getting them out of the home.

I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More

James Clifton
PREMIUM
James Clifton
answered on Apr 10, 2024

You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More

3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant for California on
Q: So I rented a RV from someone moved my stuff in come to find out it had not been registered for years & it was parked on

the street for 2 days police bang on door at 7:00 am & said you have 10 minutes to get your stuff out towtruck will be here I lost my brief case with legal documents in my passport iPad,work files my uncles ashes & the guy I was renting from just blew it off and I tried going to police... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2024

I'm sorry to hear about your difficult situation. Based on the details you provided, there are a few potential legal issues at play. Please note that this information is general in nature and not a substitute for professional legal advice. I would strongly recommend consulting with a... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Mobile home

Hello. I bought mobile home in trailer park in Florida 19 years ago. I had lease for one year which was automaticly renewed each year. About year ago my landlord wanted sale the property and gave me 2 months to get finances. I asked him for more time but I got no answer and after 2 months was the... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

You said you bought mobile home 19 years ago, then the landlord wanted the sell the property. What is the property? The land? The landlord want you to get finance? for what? to purchase the land? How come you became homeless if the land is sold?

it seems that you are not very clear as to...
View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I live in Oregon, can my landlord choose not to renew my lease after 3 years?

Hello, we live in Gresham Oregon in Multnomah county, we are extremely close to the border of Portland.

We’ve lived in our rental since June 1st 2019. We’ve have fixed term leases every year, we have had no violations in the last 12 months and in our lease it says our lease will convert... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 7, 2024

He doesn't need to renew for a fixed term but neither will he be able to terminate your lease without cause except for a permitted reason (which also would allow him to not renew the lease or have it rollover into a month to month tenancy now if he had a permitted reason and desire) and then... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Mississippi on
Q: I live in a house owned by my mother. I've lived there for more than five years. She now wants me out. Do I have any rig
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

I understand this is a difficult situation. The rights you have as an occupant living in a home owned by your mother depend on a few factors. Here are some key considerations:

- In most jurisdictions, if there is no formal lease agreement, you would likely be considered a...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Tenant has been gone and left belongings and a dog..

So my ex roommate who was a tenant at will.. meaning ( lived in for free for about five months in California) receives no mail here and was never on the lease... Moved out.. the agreement was only verbal there was no paperwork but there is text messages stating the proof. so she said she was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In California, the law provides a process for dealing with a former tenant's abandoned personal property. Here are the steps you should take:

1. Send a written notice to the former tenant's last known address, informing them that they left personal property behind and should...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In a tax credit based housing program in northernCA what are my rights regarding the apartment use of A/V surveillance

Management uses audio and video surveillance keep track of Tim's coming and going and also that is everything I noticed I received said an an unauthorized visitor was seen entering my unit and later exiting unescorted by me. This is not an eyewitness viewing by staff. This is the property... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In California, tenants have certain rights to privacy, and the use of audio and video surveillance by landlords is subject to legal restrictions. Here are some key points:

1. Video surveillance in common areas: Landlords can generally install video cameras in common areas for security...
View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Would people who were invited by the owner to live on a property, but don't pay rent or have a lease be squatters?

So the house that the "tenants" in, is on the same property/lot as the property owners house.

The "tenants" were invited to live there, by the owner in exchange for a service.

The terms of the service were a verbal agreement by both parties.

The... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 6, 2024

Dear Batavia Home Owner:

You brought them in, so they had permission. A tenancy cannot diminish into a squatter. If they have been there for more than one year and you claim you rented to them, the preliminary written notice to your tenants is the notification required by New York Real...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In California, when are inspections by Prop mgr considered excessive? Can I bring suit for damages or press criminal

Next week I'm going to have the 3rd inspection in two and a half months. This time the scope of the inspection is going to be " to make sure there is a clear path of egress.". I live in subsidized housing and every time my case manager who also works on the property comes to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In California, the law does not specify a limit on the number of inspections a property manager can conduct. However, according to California Civil Code Section 1954, a landlord must provide reasonable notice, generally 24 hours, before entering a rental unit, and the entry must be during normal... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.