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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: In California, Is it lawful to change the size of unit & not inform me prior to signing the lease for low income apts.

I had requested a 3 bedroom apartment and was told what unit my family would be getting. On the day of the "breifing" and lease signing, there were 3 other applicants in attendance. I was the only person of color and I was the only one who didn't have a lease to sign. The white lady... View More

James L. Arrasmith
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answered on Apr 23, 2024

Based on the information you have provided, there are several potential legal issues to consider:

1. Bait and switch: If the property management company advertised and promised a 3-bedroom apartment but then provided a 2-bedroom apartment without prior notice, this could be considered a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord come to do repairs and go through the house and through my things away because they want it to be cleaned

The landlord has been coming everyday yelling at me cursing at me and throw my personal property in the garage. Can a landlord dictate how I have to keep my house and harass me while they are here

James L. Arrasmith
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answered on Apr 23, 2024

In California, landlords have the right to enter a rental property to make necessary repairs, but they must follow certain rules and respect the tenant's rights to privacy and quiet enjoyment of the property. Here are some key points:

1. Notice: Landlords must provide reasonable notice...
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1 Answer | Asked in Landlord - Tenant for California on
Q: what are my rights as a tenant from accused noise complaints

accused for noise complaint while not home

James L. Arrasmith
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answered on Apr 22, 2024

As a tenant in California, you have certain rights when it comes to noise complaints, even if you were not at home when the alleged noise occurred:

1. Right to due process: Your landlord must follow proper legal procedures before taking any action against you, such as issuing a notice or...
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1 Answer | Asked in Landlord - Tenant for California on
Q: will the demand for settlement letter be enough to break the lease due to mold or do we also need to send a termination?

We had to move out of our apartment bcs of mold exposure causing us health problems.

The landlord did some minor mold removal but didnt fully address the whole problem. They promised us a new apartment in the same apartment complex but didnt follow through.

We are in a new apt now... View More

James L. Arrasmith
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answered on Apr 22, 2024

In California, if a rental unit has a serious mold problem that affects the habitability of the unit and the landlord fails to remedy the issue after being notified, the tenant may have the right to break the lease without penalty under the "implied warranty of habitability." However,... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: What is the most effective way to get a low income residential property manager.to stop the retaliation for a complaint

I can not get any part of this low-income federaly funded place to get a hold of me.Do to this manager who seems to be controlling any outside help

James L. Arrasmith
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answered on Apr 20, 2024

In California, if you're facing retaliation from a residential property manager after lodging a complaint, you have several options to protect yourself and seek remedies. First, document all instances of retaliation in detail, including dates, times, and descriptions of each event. This... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for California on
Q: John Stewart company,how do they keep getting funded.for literally breaking every law that has to with tenant rights,

I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More

James L. Arrasmith
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answered on Apr 20, 2024

The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.

Unfortunately, many large property management companies are able to continue operating despite...
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1 Answer | Asked in Native American Law, Federal Crimes and Landlord - Tenant for California on
Q: I have contacted half of the people. Where can you find a lawyer still passionate about Constitution and right ¿Poor

Yeah I've contacted a few of these and once again unless you have money to pay their extremely high fees then your rights just don't exist again I know for a fact that in the civil case I'm in special characteristics is what has kept me banned from getting any kind of help anywhere... View More

James L. Arrasmith
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answered on Apr 20, 2024

I understand your frustration in trying to find affordable legal assistance, especially when dealing with a challenging civil case. It can be difficult to navigate the legal system, particularly for those with limited financial resources. However, there are some options you can explore to try to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I gave my apt. complex 30 days notice, but they’re saying I was supposed to give 60 days as per the lease agreement.

I lived in the unit for 3.5 years. I never renewed my lease after the first year. I gave 30 days notice to vacate, but the lease states I have to give at least 60 days notice. They took my whole deposit. Can I sue in court to get my deposit back?

James L. Arrasmith
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answered on Apr 19, 2024

In California, the law generally requires tenants to provide at least 30 days' notice to terminate a month-to-month tenancy if they have lived in the unit for less than one year. However, if a tenant has lived in the unit for one year or more, they are required to provide at least 60... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is the rental increases every year really due to property value or is it just the land owner being greedy

Every year my apartment rent has increased by 120.00 a month. The office tells me it is due to the property values.

Michael Joseph Larranaga
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answered on Apr 19, 2024

It could be a combo of things including property taxes, inflation, or just greed. A good spot check is to take the new rental amount divided by the old rental amount and subtract 1 ((New Rent/ Old Rent) -1). That is the percentage your monthly rent increased. You can compare that to the prime rate... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: May I legally deny random entry to my unit if no repairs are needed and no emergency is present?

As a tenant, am I within my legal rights to deny entry to my apartment unit for a random inspection by the California tax credit allocation committee? My household is part of the section 8 program.

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, landlords are required to provide reasonable notice before entering a rental unit, and tenants have the right to privacy in their homes. However, there are some exceptions to this rule, particularly when it comes to affordable housing programs like Section 8.

1....
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1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord remove asbestos in a common hallway when tenants still live in their apartments?

Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:

1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project,...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
James L. Arrasmith
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answered on Apr 18, 2024

Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.

In this...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Was renting a spot for a cargo box was behind on rent owner text me and said there moving it tomarrow i text him back a

And paid him he cut off my lock and stole some of my tools around 40000.00 dollars worth the people i rented the box from. landlord call them and when they picked it up the driver ask about the box being damaged his employee told the driver owner did it. Do i have a case

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you've provided, it seems that you may have a potential legal case against the owner of the cargo box storage facility. Here are a few key points to consider:

1. Breach of contract: If you had a rental agreement with the owner, and they violated the terms by...
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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Hi im trying to find out some information my landlord is gonna possibly file for eviction between today and Friday if I

Hi im trying to find out some information my landlord is gonna possibly file for eviction between today and Friday if I pay it Friday will the eviction stop and I can still live there.

James L. Arrasmith
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answered on Apr 16, 2024

I understand that you're in a difficult situation and concerned about a potential eviction. Here are a few important points to consider:

1. Eviction laws vary by state and local jurisdiction, so the specific rules and procedures may differ depending on where you live. It's best to...
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1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Can the owner of a mobile home park sell a home I own? I am current on rent.

I owe one months water, which was refused when payment was attempted

James L. Arrasmith
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answered on Apr 16, 2024

No, the owner of a mobile home park cannot sell a home that you own, even if you owe rent or water payments. As long as you have proper ownership documentation for the mobile home itself, the park owner has no legal right to sell your property.

However, if you are behind on rent or water...
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1 Answer | Asked in Landlord - Tenant for Delaware on
Q: my landlord is refusing to respond to my renters insurance after a no fault leak. What can I do?

A leak in the celling above my apartment caused mold and water damage spreading from a locked ac closet that I do not have access to. I am not asking for anything from my land lord other than to talk to my insurance so that I can have my claim covered. They require renters insurance however are... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear you're dealing with this difficult situation with your landlord and renters insurance. Here are a few suggestions on steps you can take:

1. Document everything - Take photos of the damage, save all written correspondence with your landlord and insurance company....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: What is the landlord tenant law in Frankfort Kentucky.

If someone lives with you but they are not on the lease are you required to give them notice to leave, and can they take you to court for formal eviction even though they aren't a resident on the apartment lease.

James L. Arrasmith
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answered on Apr 16, 2024

In Frankfort, Kentucky, and the state of Kentucky in general, landlord-tenant laws primarily apply to individuals who have a lease agreement with the landlord. If a person is living with you but is not on the lease, they are generally not considered an official tenant and therefore do not have the... View More

1 Answer | Asked in Landlord - Tenant for Washington on
Q: Justifiable break of lease after landlord entered without any notice? WA state

Today my Landlord let two people and herself into the condo we rent from her property management company. I immediately contacted her and stated I didn't agree to this and that I never recieved notice. She claims that her "software" sent our notice and that she will send proof once... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Washington state, landlords are required to provide at least 24 hours' written notice before entering a tenant's unit, except in cases of emergency or if it is impracticable to do so. The notice must specify the date, approximate time, and purpose of the entry. If the landlord fails to... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: Hello, wondering about the extent of a storage facility's liability for negligence in maintaining their roof.

Our space was inundated after a recent rain, and with the extent of mold and traces of earlier water damage we realized that it had also occurred in earlier rains this season. The 'climate controlled' ceiling was engorged and under the weight of the water was dapped. There were visible... View More

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, a storage facility has a duty to maintain its premises in a reasonably safe condition, which includes ensuring that the roof is properly maintained to prevent water damage to tenants' property. If the storage facility fails to do so and a tenant's property is damaged... View More

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