Lawyers, Answer Questions  & Get Points Log In
California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: So I rented a RV from someone moved my stuff in come to find out it had not been registered for years & it was parked on

the street for 2 days police bang on door at 7:00 am & said you have 10 minutes to get your stuff out towtruck will be here I lost my brief case with legal documents in my passport iPad,work files my uncles ashes & the guy I was renting from just blew it off and I tried going to police... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2024

I'm sorry to hear about your difficult situation. Based on the details you provided, there are a few potential legal issues at play. Please note that this information is general in nature and not a substitute for professional legal advice. I would strongly recommend consulting with a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Tenant has been gone and left belongings and a dog..

So my ex roommate who was a tenant at will.. meaning ( lived in for free for about five months in California) receives no mail here and was never on the lease... Moved out.. the agreement was only verbal there was no paperwork but there is text messages stating the proof. so she said she was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In California, the law provides a process for dealing with a former tenant's abandoned personal property. Here are the steps you should take:

1. Send a written notice to the former tenant's last known address, informing them that they left personal property behind and should...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In a tax credit based housing program in northernCA what are my rights regarding the apartment use of A/V surveillance

Management uses audio and video surveillance keep track of Tim's coming and going and also that is everything I noticed I received said an an unauthorized visitor was seen entering my unit and later exiting unescorted by me. This is not an eyewitness viewing by staff. This is the property... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In California, tenants have certain rights to privacy, and the use of audio and video surveillance by landlords is subject to legal restrictions. Here are some key points:

1. Video surveillance in common areas: Landlords can generally install video cameras in common areas for security...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In California, when are inspections by Prop mgr considered excessive? Can I bring suit for damages or press criminal

Next week I'm going to have the 3rd inspection in two and a half months. This time the scope of the inspection is going to be " to make sure there is a clear path of egress.". I live in subsidized housing and every time my case manager who also works on the property comes to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In California, the law does not specify a limit on the number of inspections a property manager can conduct. However, according to California Civil Code Section 1954, a landlord must provide reasonable notice, generally 24 hours, before entering a rental unit, and the entry must be during normal... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What’s the law protecting kids in rental agreement turning over age and continue living with parent

My apartment manager refuses to give me a parking permit for my daughter unless she fills up a rental application. We have section 8 and under that my daughter and I are allowed benefits to pay for rent here. We’ve had this since she was a minor. My daughter doesn’t work and I take care of her... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In California, families with children are protected under fair housing laws. Landlords cannot discriminate against families with children or impose unreasonable restrictions on them. Here are a few key points relevant to your situation:

1. Familial status protection: The Fair Housing Act...
View More

2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

In California, there is no statewide rent control for commercial properties, which means that landlords can generally increase rent as much as they want when a lease expires or if the lease allows for rent increases. However, there are a few important considerations:

1. Lease terms: If your...
View More

View More Answers

2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

Robert Kane
Robert Kane
answered on Apr 6, 2024

Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for California on
Q: Is it discrimination to deny a person who's a registered sex offender, to rent an apartment?

My 81-year roommate and myself applied for residency at a Seniors village apartment complex in Fresno California she subsequently was approved I was denied because of my status as a registered sex offender from May 1991 case where I serve 3 years in prison. I am a low level / risk offender who is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

Based on the information provided, denying housing to a registered sex offender could potentially be considered legal in California, depending on the specific circumstances and the nature of the offense. Here's some relevant information:

1. Fair Housing Act: The federal Fair Housing...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In essence, what does this paragraph mean to me as a tenant: “This property is not subject to rent limits and just cause

I'm a tenant trying to understand what an exemption from AB 1482 means

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

As a tenant in California, if your rental property is exempt from AB 1482 (the Tenant Protection Act of 2019), it means that your landlord is not bound by the rent control and eviction protection provisions set forth in the law. Here's what this exemption entails:

1. Rent increases:...
View More

Q: Do you file a independent action in equity the same as a regular claim?

I know it should be the last resort and is frowned upon but it’s in place for a reason!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.

To file an independent action in equity, you typically...
View More

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Do you have to set aside a judgment first before it is vacated for being void? When does the court lose jurisdiction

it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Landlord - Tenant for California on
Q: What does “looking over the record” the judgement is void on its face. Everything filed even after entry of judgement?

Please explain in the simple terms haha. What’s a direct attack vs collateral attack?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

The phrase "looking over the record" in the context of a judgment being "void on its face" refers to examining all the court documents and filings in a case, including those filed after the entry of judgment, to determine if the judgment is invalid or void based on the... View More

1 Answer | Asked in Civil Litigation, Probate and Landlord - Tenant for California on
Q: The record when referring to litigation is everything that happened before judgement was entered or post trial too?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

In California, the term "record" in the context of litigation generally refers to the official case file maintained by the court, which includes all the documents and evidence submitted to the court before the judgment is entered. This typically includes:

1. Pleadings (e.g.,...
View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If judgement was entered, will the court acknowledge a new document/exhibit in a Motion to set aside and vacate?

Judgment entered was procured by fraud on the court by plaintiff, lack of standing, misrepresented facts, lack of due process of defendant. Judgement entered 3 months ago. Options would be a collateral attack on void judgement? Judgement can’t be attacked directly?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

In California, even after a judgment has been entered, it is possible to file a motion to set aside and vacate the judgment under certain circumstances. California Code of Civil Procedure section 473(b) allows for relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect.... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If you filed your answer to a unlawful detainer (CA) that means you’ve “appeared” and court has p.jurisdiction over you?

Weighing my options. Filed my answer and opposing party moved for summary judgement without proper notices, misconduct, misrepresented facts which led to opposing party summary judgment being granted. judgment was entered 90 days ago. Figuring Options for relief. Motion to set aside and vacate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

In California, filing an answer to an unlawful detainer complaint generally means that you have made an appearance in the case, and the court has personal jurisdiction over you. By filing an answer, you are acknowledging the lawsuit and responding to the allegations made against you.... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: 33 years in one location, without lease for last 5 years, now landlord wants to evict, what are my rights

This landlord (4th landlord in 33years) gave us notice to evict us from day 1 when he purchased the property. The reason we’re still here is that county don’t issue permit to remodel the property.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

Based on the information you've provided, it seems that you have been living in the same rental property for 33 years, and for the last 5 years, you have been without a lease. The current landlord, who is the fourth one since you moved in, wants to evict you, likely due to their plans to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Building has Solar panels and I don't think they are using them.

When I moved into this tax-credit building 2015 things were well managed. Even my PG&E bill was 0 during the summer months. Over the years they had quite a few incompetent staff run the show. With PG&E rates going up and stone walling behavior from faulty property management I truly thing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

In California, tenants have the right to benefit from solar panels installed on their rental property. If you suspect that your property management company is neglecting the solar panel system and not properly utilizing it to offset your energy bills, you can take the following steps:

1....
View More

1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I been living in this house for 20 years and got a 60 day notice.is my landlord suppost to pay relocation payment?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

In California, a landlord may be required to provide relocation assistance to tenants under certain circumstances when terminating a tenancy. However, the specific requirements vary depending on the location and the reason for the termination.

In general, landlords in California are...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.