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Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have a lease with 2 other people joint and severely. 1 roommate left with little to no notice.

The landlord doesn’t care and me and the other Roomate and I are stuck paying the full amount. In turn we have offered/asked to break the lease in various ways. The only way he will allow us to break the lease is if we put it online like zillow handle the showings and bring him applications. Are... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2024

The landlord has no duty to mitigate as there has been no breach of the lease. When you sign a lease with other people jointly and severally, that means that each tenant is independently responsible to pay the landlord the full amount of rent owed, and the tenants will work out among themselves... View More

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 Landlord - Tenant for New York on
Q: Do I need my roommates approval for a new roommate if I've already received confirmation from the landlord it's okay?

I will be breaking my lease and am responsible for finding the new tenant.

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 13, 2024

Dear Brooklyn Tenant:

Why are you responsible for a replacement when State Law leaves replacing a departed tenant with the remaining co-tenants?

All you would need is a written agreement with the landlord and your co-tenants to remove you from the lease agreement and allow the...
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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 Civil Rights and Landlord - Tenant for Kansas on
Q: Are CPN's or RIN'S legal to use to lease property? I'm having trouble renting with a past eviction. I'm also disabled.

Am I required to provide my ss# to rent a property ? Privacy is also a concern.

James L. Arrasmith
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answered on Apr 13, 2024

I understand you're in a challenging situation, but I want to advise against using a CPN (Credit Privacy Number) or RIN (Rental Identification Number). Here's some important information:

- CPNs and RINs are not legally recognized alternatives to Social Security Numbers (SSNs)....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment flooded due to water heater. Recieved no compensation for 7 days not being able to live there. Anything to do?

Had to move out for several days and after requesting some type of compensation nothing was ever given.

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

If your renter's insurance failed to compensate you for your alternate living arrangements during those seven days, you should take a copy of your policy to an attorney in or near the county where the premises are located to determine whether such coverage is included in your policy and, if... View More

1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Landlord - Tenant for Connecticut on
Q: I am disabled and I am being harassed in my mobile home park by park management, they have harassed me for everything .
James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry to hear that you are being harassed by the management at your mobile home park, especially as a disabled person. That is completely unacceptable and you have the right to live free from discrimination and harassment. Here are some steps you can consider taking:

1. Document...
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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 Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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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 Landlord - Tenant for Kentucky on
Q: I paid the application fee for this apartment then on March 28 paid $350 down deposit can I get my deposit back

Didn't sign a lease or was never shown the apartment didn't move in

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, it seems that you paid an application fee and a down deposit of $350 for an apartment, but never signed a lease or were shown the unit. In this situation, your ability to get your deposit back depends on a few factors:

1. The terms of the application...
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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

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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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