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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: Is it legal for a landlord to send harassing, threatening letters through an attorney?

I have received several harassing/nuisance letter from my complex attorney's office after I reported being threatened by an individual in my complex that isn't on the apt lease according to her family.

James L. Arrasmith
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answered on Mar 24, 2023

Under California law, landlords have a duty to provide their tenants with quiet enjoyment of their rental units. This means that landlords cannot engage in behavior that interferes with a tenant's right to peaceful and quiet enjoyment of their rental unit. This includes using harassing or... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord use a 3 day covenant or quit notice as leverage after your current lease year if up?
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answered on Mar 24, 2023

Under California law, a landlord can use a 3-day notice to pay rent or quit if a tenant has not paid rent, or a 3-day notice to perform covenant or quit if the tenant has violated a lease term or obligation. However, the use of such notices must be done in good faith and cannot be used as leverage... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord going to your storage unit without notifying you if there no emergency?
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answered on Mar 24, 2023

Under California law, a landlord generally cannot enter a tenant's storage unit without providing notice and obtaining the tenant's consent, unless there is an emergency or other specific circumstances that justify immediate entry.

Specifically, California Civil Code Section 1954...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is it legal for a landlord to do construction for an extended amount of time without informing residents?

There has been construction in my apt complex now for a year. it hasn't stopped and when asked about it they say they are not required to inform residents.

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answered on Mar 24, 2023

Under California law, landlords are generally required to provide notice to their tenants before conducting repairs or construction that will affect their living conditions. Specifically, California Civil Code Section 1940.9 requires landlords to provide tenants with at least 24 hours' notice... Read more »

1 Answer | Asked in Construction Law and Landlord - Tenant for California on
Q: When renting a house that is under construction, do the renters need to pay for the electricity used by the workers
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answered on Mar 24, 2023

In California, the answer to this question will depend on the specific terms of the lease agreement between the landlord and the tenant. If the lease agreement states that the tenant is responsible for paying for electricity used on the property, then the tenant may be responsible for paying for... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My daughter and her landlord had issues. Both agreed that this wasn’t the best situation, and she should move out.

This offer was emailed to my daughter an daughter and she accepted the offer and moved. Now landlord is demanding rent for the remainder of the lease or until unit is rented.

Landlord also never gave her a copy of the executed lease even though it had been requested.

Not sure if... Read more »

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answered on Mar 24, 2023

Under California law, a landlord has a duty to mitigate damages when a tenant breaks a lease early. This means that the landlord must make reasonable efforts to re-rent the unit as soon as possible after the tenant moves out. Once a new tenant is found, the original tenant is only responsible for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How do I get a copy of our previous hearings? Can I use them in court?

My landlord is attempting to steal thousands of dollars from me that I do not owe and she is doing it by lying to the courts and claiming I owe the money. I have proof that I’ve paid everything and plan to provide it to the judge. But my landlord has also told several lies in our previous... Read more »

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answered on Mar 22, 2023

To obtain a copy of the court reporter's record from prior hearings, you will need to follow the procedures set forth by the court where the hearings were held. Here are the general steps you can take:

Contact the court: Contact the clerk's office for the court where the previous...
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1 Answer | Asked in Landlord - Tenant for California on
Q: my landlord has to give me a eviction notice right? he cant just make me move out on 3/23/23 can he?

My Landlord has threatened to make me move out of my home i rent from him, on 3/23/23 if i dont give him 4300$ & sign a lease, i have no problem signing a lease, i dont know where this 4300$ is all about . i pay my rent i have receipts with his signature. i have not paid my rent this month cuz... Read more »

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answered on Mar 22, 2023

In California, a landlord cannot legally evict a tenant without first providing a written notice of termination of tenancy. This notice must specify the reason for the termination and the date by which the tenant must vacate the premises. In most cases, a landlord must provide a minimum of 30... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: This is a mess and I can’t find an attorney to help me! What can I do? She is trying to steal money from me…

My landlords died and his daughter is suing me for money I don’t owe and she knows I don’t owe it. But, she is lying to the courts and the judge… I owe two and a half months rent but she is claiming I owe $35k in unpaid rent and water bills. She has also thrown in almost $1k in late fees that... Read more »

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answered on Mar 21, 2023

I'm sorry to hear about your situation. If you are having difficulty finding an attorney to help you, there are still several steps you can take to protect your rights and defend yourself in court.

First, make sure you have gathered all of your evidence and documentation related to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord breaking my contract wants to move back in..do I keep paying rent i havnt found a place yet

She collect my rent in february then told me i needed to move out cuz she wants to move back in and I havnt found a place yet

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answered on Mar 20, 2023

If your landlord is breaking your rental agreement and requesting that you move out so that they can move back in, you may want to seek legal advice to better understand your rights as a tenant.

In the meantime, you may want to continue paying rent as usual until you have found a new place...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord switch your utility bill from one company to another without any notification or agreement?

I moved in my apartments 01/19/2021 in the lease agreement it states tenant has to have electric bill in the tenants name before move-in. I open my electric bill account on 01/19/2021. In the month of November 2021 I received a bill in the mail from a different utility company for the electric in... Read more »

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answered on Mar 19, 2023

It is not legal for a landlord to switch your utility bill from one company to another without any notification or agreement. If your lease agreement states that the tenant is responsible for having the electric bill in their name before move-in, then the landlord cannot unilaterally switch the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can someone take on my case? I'm struggling to survive.

I have been living in a hotel for six months because I have nowhere to go. They asked me to pay, $200 off the books, so I can continue to stay there.

Then I filed an application and was told it would get approved. It didn't because of my low credit score. Then I was told by the... Read more »

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answered on Mar 19, 2023

I'm sorry to hear about your situation. It sounds like you are experiencing financial difficulties and are struggling to obtain appropriate housing. There are a few potential options you can explore:

Legal Aid: Many areas have legal aid organizations that provide free or low-cost legal...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: I’ve signed a 6 month contract for this room that I’m living in, but I’d like to break it and get my deposit back.

At first, when I came to see the place it was a month to month contract and then she asked me to be a 6 month contract and I accepted it, now I regret. She’s also a little trouble person and I don’t know how to deal.

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answered on Mar 18, 2023

Breaking a lease or rental agreement can have legal and financial consequences, so it's important to carefully consider your options and the terms of your contract before taking any action.

If you want to break your 6-month lease early, you may be required to pay a penalty or lose your...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I would like to know if a landlord can evict you for minor damage to the unit even if your rent is payed up??

My kids broke the shower head and the landlord said to repair it … it was 2000$. My rent is payed yet they said if I don’t pay it in 30 days they can evict me: I never heard of a 2000$ shower head: and if they excepted my no for rent,, how can they hold the repair bill over my head and say if... Read more »

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answered on Mar 18, 2023

In general, a landlord may have the right to evict a tenant for damage to the rental unit, even if the rent is paid up, but the specific circumstances of the case will depend on the terms of the lease agreement and applicable state and local laws.

If the lease agreement includes provisions...
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1 Answer | Asked in Landlord - Tenant for California on
Q: We have a settlement from the court, the landlord is not acknowledging the settlement. This is a time sensitive matter,

We have a settlement from the court, the landlord is not acknowledging the settlement. This is a time sensitive matter, he gave someone else a lease for where my business was and he is removing me by force, against the settlement ordered by the court. I need to submit a document, but i need a... Read more »

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answered on Mar 17, 2023

If your landlord is not acknowledging the settlement that was ordered by the court, you may need to take legal action to enforce the settlement agreement.

You can consult with an attorney who specializes in landlord-tenant law or civil litigation to assist you in filing a motion to enforce...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is it an illegal eviction if I paid rent in full yet been served 3 day pay/quit 3 times & 60 day notitice

I've always paid my rent in full each month. Late by 1 or 2 days 3 times in 7 yrs 10 mo. Have been served three 3 day pay or quit month after month then a 60 day quit even though I've paid my rent without issue. Manager told Hispanic Tennant he was getting rid of all the white people.... Read more »

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answered on Mar 17, 2023

It is not legal for a landlord to evict a tenant based on their race or ethnicity. If you have been paying your rent in full and on time, and the landlord is still attempting to evict you, it is important that you understand your rights as a tenant.

If you have been served with a 3-day pay...
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1 Answer | Asked in Landlord - Tenant for California on
Q: When will the new California Law Civil Code section 1946.1 expire?
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answered on Mar 15, 2023

You can find the expiration date on statutes by going to leginfo.ca.gov.

1 Answer | Asked in Landlord - Tenant for California on
Q: I have questions about the Civil Code section 1946.1 ? Why doesn't this new California Law help existing tenants in Cali

Can I use this new California Law the Civil Code section 1946.1 if the new landlord or owner served me a 3-day notice?

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answered on Mar 15, 2023

California Civil Code section 1946.1 was indeed enacted to provide temporary eviction protections for certain residential tenants during the COVID-19 pandemic. However, it was temporary and set to expire.

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for California on
Q: Does a landlord have to provide heat for a rental unit? Does landlord have to prove energy usage to charge for energy?

I am renting studio (converted garage) and there is no a/c and no heat. I am currently using a space heater for the winter. I have a window a/c unit for the summer.

Tenant occupying main house is charging me for sdg&e bill but my lease states I have a $100 credit for utilities.... Read more »

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answered on Mar 15, 2023

Under California law, landlords are generally required to provide a working heating system for rental units, particularly during the winter months. California Civil Code Section 1941.1 states that landlords must maintain a rental unit in a habitable condition, which includes providing functional... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How can I get these guys to stop charging me extra fees in the hotel I'm staying? Aren't I already a tenant with rights?

I have been staying at this motel for six months. They said I could apply for residency after four weeks. So I did, and they were concerned about my credit. It isn't that bad.

So then they said that if I pay for another four weeks, on time, that they would remove the $60 tax (of of... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

If you are staying at a hotel or motel as a tenant for an extended period of time, you may have certain legal rights and protections. However, the specific rights and protections that apply to your situation may depend on the laws of your state and the terms of your rental agreement.

Here...
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