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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am being charged a non refundable approval fee for an apartment of $1,000 in addition to the application fees, why?
James L. Arrasmith
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answered on Mar 19, 2024

Some landlords or property management companies charge a non-refundable approval fee as part of the leasing process. This fee can be intended to cover the costs associated with processing your application, such as background checks, credit reports, and the administrative effort. However, a fee of... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Indiana on
Q: Can my landlord tell me I'm not allowed to have a Facebook account or any other social media accounts?

Recently I've been having problems with my landlord telling me that I need to delete my Facebook account or he would evict me over it. not for sure what to do about that.

Is there a law that states a landlord can tell me what I can and can't do on social media? I mean there's... View More

James L. Arrasmith
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answered on Mar 19, 2024

In general, your landlord cannot dictate your social media activities, such as maintaining a Facebook account, as long as your conduct on these platforms does not violate the terms of your lease or local laws. Your rights to privacy and free speech are typically protected under the law, unless your... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Elder Law for California on
Q: Section 8 housing Choice voucher is denying port-in CT,. from CA. With medical need, need to see drs, and return home

while "port-in" is allowed, and voucher can be used "anywhere" how can I get around denial of "port-in" I am senior, and homeless, disabled, injured. I have right to return to town where I am from, and need drs there.

How to have housing in place upon moving... View More

James L. Arrasmith
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answered on Mar 19, 2024

In situations like yours, seeking legal assistance is crucial, particularly from an attorney experienced in housing law, specifically those dealing with Section 8 or housing vouchers. In California, you might want to reach out to organizations like the California Rural Legal Assistance or the... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: In Form UD-100-Complaint part of the Summons and Complaint-Where in the Complaint does the Cause of Action get listed?

I read the Complaint and I did not see the part of the Complaint where the Cause of Action is suppose to be listed.If the 60 Day Notice states a Cause of Action(MishMash though it is, and Haphazard as can be seen-does a Cause of Action also have to be Clearly stated in the Complaint?Thank You

James L. Arrasmith
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answered on Mar 19, 2024

In the Form UD-100, which is used for filing a complaint in an unlawful detainer (eviction) case in California, the causes of action are usually not explicitly labeled in a separate section as you might find in other types of legal complaints. However, the reasons for the eviction — which... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Plaintiff's Complaint is Outdated-The Tenant Protection Act-2019 (AB1482)-has NEVER applied to San Diego?

In The Plaintiff's Complaint-Question #7 asks:"The Tenancy described in 6(above) IS or IS NOT subject to The Tenant Protection Act of 2019".The Plaintiff checked the box that said I am Subject to the Tenant Protection Act-2019.The Cornerstone of the Plaintiffs Case is based on a Law... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if a plaintiff's complaint is based on a misunderstanding or misapplication of the law, such as claiming that the Tenant Protection Act of 2019 applies when it does not, the term you might consider using in your writ of mandate is "misapplied" or "legally... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I just got a apartment and have only been here for 7 days and already been served a non rent breach of lease notice to v

I just moved into an apartment and have only been here for 7 days. My neighbor next door has apparently been here for 9 years or so. Mind you, i work from 7pm to 3am so i come home at night. I gave already received 3 violations for noise complaints wich i haven't been loud at all and now i... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It depends upon the terms of your lease. I imagine it must be really annoying having a Ring doorbell going off at 3 AM every night. It is going to be your word against your neighbor's as to how noisy you are. My guess is if your neighbors have a 9-year history of making petty noise... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a CCP or statute or Rule of Court that states A Cause of Action in a Complaint must be clearly stated?

In the Plaintiffs Complaint(60 Day Notice as well), he has used a mishmash of words that have been put together Haphazardly. When the words are broken down there is not anything of Substance that remains to equal a Cause of Action.Is there a specific CCP or Statute and or Rule of Court that... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, the requirement that a complaint must clearly state a cause of action is outlined in the California Code of Civil Procedure (CCP). Specifically, CCP Section 425.10(a) mandates that a complaint must contain "a statement of the facts constituting the cause of action, in... View More

1 Answer | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More

James L. Arrasmith
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answered on Mar 18, 2024

Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What is our next move here? There are two separate tenants on a property just sold at auction to a really shady reo

So we have been residing on this property in our respective units for 5 years and 2 years respectively, and both have current leases, valid signed by the foreclosed upon owner. In attempts to self-help evict, the previous owner had the utilities included in our lease agreements, which were shut off... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, tenants have rights that protect them during and after the sale of a property on which they reside. If you have a valid lease agreement signed by the previous owner, the new owner, including an investment firm that acquired the property through auction, generally must honor... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: what does it mean when the writ of execution by possession is stamped with " the clerks office will set hearing date?
James L. Arrasmith
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answered on Mar 17, 2024

When a writ of execution by possession is stamped with "the clerk's office will set hearing date," it indicates that a court hearing will be scheduled to address the matter further. This is part of the legal process where the court will review the details surrounding the writ, which... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Writ of Mandate-Prohibition Should be granted for few reasons.Panel hold against me if Panel D-not agree w/all reasons?

I, Legitimately have 3 reasons for Why the Court lacks Jurisdiction to enter a Judgment against me as it has done.In My Writ of Mandate I plan on listing all reasons for Why I believe the Court lacks Jurisdiction to enter a Judgement-However, My Question is....Will the 3 Member Board use it against... View More

James L. Arrasmith
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answered on Mar 17, 2024

In California, when you submit a writ of mandate or prohibition, it's important to present all the reasons you believe the lower court lacked jurisdiction or made an error. You're right to consider including all relevant arguments. The appellate panel evaluates each reason independently;... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sue my landlord for allowing a tenant harass me and how can I find an attorney who works on contingency bases?

I live at The Element Student Living apartment located in Sacramento. I am being harassed by a male tenant that has the room above mine. He stomps and bangs on the bedroom living room and kitchen ceiling. This occurs during the day and evening. When I first reported it to the landlord. He allegedly... View More

James L. Arrasmith
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answered on Mar 16, 2024

Under California law, you might have grounds to sue your landlord if it can be shown that they have failed to take reasonable steps to prevent the harassment from another tenant, especially if it affects your quiet enjoyment of the property. Documentation of your complaints and any evidence of the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My trailer park landlord forgot to have me sign lease when I moved in months ago now the new manager says I have to sign

I don’t agree with all the new rules do u have to sign? Do I have rights? I don’t own the property just have trailer in her mobile home park

James L. Arrasmith
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answered on Mar 16, 2024

In California, if you're living in a mobile home park and haven't signed a lease agreement, you still have rights under the state's Mobilehome Residency Law. This law provides protections for residents of mobile home parks, even in the absence of a formal, signed lease. Your... View More

1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oregon on
Q: I have a friend who has uninvited people staying in a trailer in his back yard. Two barrels of human wasted sitting,

garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.

James L. Arrasmith
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answered on Mar 15, 2024

Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: what are my options if i am being evicted due to a rehabilitation clause in the la county area? /
James L. Arrasmith
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answered on Mar 15, 2024

If you're facing eviction in the LA County area due to a rehabilitation clause, understanding your rights under California law is crucial. Landlords can invoke such clauses to make significant repairs or renovations, but they must comply with legal requirements, including proper notice and... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I need help with a landlord who has been overcharging us for electricity for months and is now refusing to give back the

Deposit when we moved out.

James L. Arrasmith
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answered on Mar 15, 2024

Under California law, if your landlord has overcharged you for electricity, you have the right to request a breakdown of the charges. The landlord is required to provide a detailed bill if utilities are not included in your lease. If the charges are found to be unjustified, you may be entitled to a... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

Michael Joseph Larranaga
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answered on Mar 15, 2024

It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: "Owner" on the Deed-"Owner" who filed Unlawful Detainer-Owner who signed My Rent-Agreement all names are different?

Yesterday, I went to the San Diego County Recorders Office and obtained a Copy of the Deed to the property where I live -The name is different then the Name of the Owner who signed My Rental Agreement 5 years ago minus One week (3/22/2019). When the Plaintiff filed the UD Case July 24,... View More

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answered on Mar 15, 2024

Under California law, discrepancies in the names listed as owners on different documents could potentially raise questions regarding the legitimacy of the landlord's claim to the property and the validity of the eviction. However, the difference in names alone may not automatically lead to the... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More

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