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California Landlord - Tenant Questions & Answers
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 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

James L. Arrasmith
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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 Landlord - Tenant for California on
Q: How is the 15 days rent is calculated for form CP10 Claim of Right to Possession Section 11 (immediate court hearing ...
James L. Arrasmith
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answered on Mar 14, 2024

Under California law, the calculation of the 15 days' rent for form CP10 Claim of Right to Possession, Section 11 (immediate court hearing) is based on the daily rental rate. This is the amount of rent due per day, which is typically calculated by dividing the total monthly rent by the number... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: had a storage unit since 2017 in the last year they’ve had an infestation of rodents much of my stuff is destroyed

When I approached management they say that they’re not responsible I pay for ins every month it’s mandatory for the first 4 years or so there were no pest problems they say there is something in the lease I have not reviewed it but there are many issues with this place and I know there’s... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the damage to your belongings due to the rodent infestation in your storage unit. This is a difficult situation, and it's important to understand your rights as a tenant and the responsibilities of the storage facility under California law.

In general,...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I am 80 years of age, mobility impaired, and a 7 year tenant who was given a 60 dayjust cause eviction notice.

He did not give me any Ellis Act information and is harassing me for an additional month of rent. Do I have any way to move forward?

James L. Arrasmith
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answered on Mar 14, 2024

In California, if you're facing a "just cause" eviction, the landlord must provide a valid reason, such as failure to pay rent or violation of lease terms. However, the Ellis Act is a specific case where landlords evict tenants to "go out of business." If your landlord is... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I am 80 years of age, mobility impaired, and a 7 year tenant who was given a 60 dayjust cause eviction notice.

He did not give me any Ellis Act information and is harassing me for an additional month of rent. Do I have any way to move forward?

Hasti Rahsepar
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Hasti Rahsepar
answered on Mar 14, 2024

If it is City of Los Angeles, then prior to the 60 day notice, you should have received information on the Ellis or should have been served concurrently with the 60 day notice. You would have to see a tenant defense attorney. There are many non-profit defense attorneys available in the Los Angeles... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I live in California.. I have a tenant at will.. she made a house key copy without permission is that trespassing??

So I allowed her to stay at our house while she can find her own place .. gets charged no money at all and has a pet.. I asked her to just let me know when she will be coming home since she leaves for days at a time and leave her dog here at the house.. never gave her a key house.. one day without... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that the tenant is not trespassing under California law. Here's why:

1. You allowed her to stay at your house while she looks for her own place, which suggests that she has your permission to be there.

2. Even though she made a...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I live in California.. I have a tenant at will.. she made a house key copy without permission is that trespassing??

So I allowed her to stay at our house while she can find her own place .. gets charged no money at all and has a pet.. I asked her to just let me know when she will be coming home since she leaves for days at a time and leave her dog here at the house.. never gave her a key house.. one day without... View More

Hasti Rahsepar
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Hasti Rahsepar
answered on Mar 14, 2024

It is not trespass because she did not technically give you a notice in writing that she is vacating, and she did not enter by force. I am assuming that at some point she had a key. Does she still have personal items at the house.? If at one time she had a key, still has some items there, and she... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord send me a letter saying he is going to start charging for water, 10 years later after signing the lease?
James L. Arrasmith
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answered on Mar 13, 2024

In California, a landlord cannot unilaterally change the terms of a lease agreement after it has been signed, including adding new charges for utilities like water. The specifics of your situation would depend on the type of lease you have:

1. Fixed-term lease: If you have a fixed-term...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Even with enough people to qualify for the apartment on their own.I am an orignal tenant that had signed I can't leave?

So Here is my issue: I have been with this apartmet complex for almost 3 years now. I had intially moved in 2021. Since then my roommates have changed since they end up getting job else where. And everytime we had filed rommate addendum with the landlord company. This time around we were trying to... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, landlords are generally not obligated to remove a tenant from a lease agreement, even if the remaining tenants qualify for the apartment on their own. This is because the original lease agreement is a binding contract between the landlord and all tenants listed on the lease.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord has given 3 days notice to remove washer saying I was given permission. I have been living in home for 6 years

I started complaining in October he then got a property manager and now she has given the notice

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information you've provided, it seems that you have been living in the rental property for 6 years and had permission to have a washer in your unit. However, your landlord has now given you a 3-day notice to remove the washer after you started complaining about an issue in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I have been tenant in my current unit for seven years. My mother and I both reside in the unit since the lease.

The landlord has file for Ellis and he is denying my mother as a tenant even though both she and I have resided there for seven years. My name is the only one on the lease agreement. The reason he is doing this is to prevent any special rights my mother may have as a tenant. Aside from her name on... View More

James L. Arrasmith
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answered on Mar 13, 2024

Under California law, a person can be considered a tenant even if their name is not on the lease, as long as they have lived in the unit for a significant period of time and can provide evidence of their residency. Here are some ways you can prove your mother's tenancy to the city:

1....
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2 Answers | Asked in Landlord - Tenant for California on
Q: "Real Party In Interest?" was asked, because I believe that in My Case the Plaintiff-Is Not The Real Party In Interest?

I asked the Question about Why Form:APP-151 says Real Party In Interest and I believe that Real Party In Interest means the True Owner-is this True.To what extent does it Matter What name is listed as the Real Party In Interest?Real Party In Interest applies to the Plaintiff-If the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Under California law, the concept of "Real Party in Interest" is important in legal proceedings. The real party in interest is the person or entity who has the right to bring a lawsuit and is entitled to the benefits if the suit is successful. In most cases, the plaintiff should be the... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: "Real Party In Interest?" was asked, because I believe that in My Case the Plaintiff-Is Not The Real Party In Interest?

I asked the Question about Why Form:APP-151 says Real Party In Interest and I believe that Real Party In Interest means the True Owner-is this True.To what extent does it Matter What name is listed as the Real Party In Interest?Real Party In Interest applies to the Plaintiff-If the... View More

Pardeep Joshi
Pardeep Joshi
answered on Mar 13, 2024

"Real Party In Interest means the True Owner-is this True." ? Not necessarily. A real party in interest is the person or entity who has the right to bring suit even though someone else would ultimately benefit from the suit if it is successful. California Code of Civil Procedure Section... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: What is a Prima Facie Case? How does a Prima Facie Case differ from any other Case?

Is there anything said about a Prima Facie Case in the Rules of Evidence.It seems as though Prima Facie entails how something-Case is presented.I thought that maybe the Rules of Evidence would say something about these Cases.Are Prima Facie Cases allowed both in Civil and Criminal... View More

James L. Arrasmith
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answered on Mar 13, 2024

A prima facie case is a case where the plaintiff has presented sufficient evidence to establish the essential elements of their claim, and if the evidence is not rebutted or contradicted, the plaintiff would be entitled to judgment in their favor. In other words, a prima facie case is one where the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What are my rights when landlord has added a possibly illegal Bulk Telecommuncation Services Addendum to the lease?

I live in a 500-unit complex with a property management team. I have lived here almost 20 years and been responsible for my own internet and cable service. My latest renewal offer includes a rent increase plus a Bulk Telecommunication Services Addendum for cable and internet which amounts to an... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, landlords have the right to modify the terms of a lease agreement upon renewal, including the addition of new provisions such as the Bulk Telecommunication Services Addendum you mentioned. However, there are certain limitations and requirements that landlords must follow.

1....
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1 Answer | Asked in Landlord - Tenant for California on
Q: We have been paying rent and now this is on our door . Order of notice to repair violations at 143 n. Yolo st assessors

Parcel number 003102008 with in 14 days

James L. Arrasmith
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answered on Mar 13, 2024

If you have received a notice to repair violations at your rental property from the city or county assessor's office, it means that the property has been found to have code violations that need to be addressed within 14 days. Here's what you should know under California law:

1....
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a penalty for a landlord to have accidentally sent another tenant's court papers to another tenant?

This is not the first time that this landlord and their lawyers have sent confidential information to wrong tenants.

James L. Arrasmith
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answered on Mar 13, 2024

Yes, under California law, a landlord who accidentally discloses a tenant's confidential information, such as court papers, to another tenant may face penalties for violating the tenant's privacy rights.

1. California Civil Code Section 1798.81.5 requires businesses, including...
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2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Bait and switch if promised EV charger and now they won’t provide.Not in lease, but they confirmed by email.

I was moving because my apartment building did not have EV chargers. We found one where manager said she was getting more installed and I would be first on the list to get one. 4 months later I still don’t have one. I asked for it to be in lease and she said their system didn’t have the... View More

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answered on Mar 13, 2024

Based on the information you provided, it seems that you have a case for promissory estoppel, even though the promise of an EV charger was not included in your lease. Promissory estoppel is a legal principle that may be applied when a party makes a promise that induces another party to take action,... View More

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