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Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oregon on
Q: I have a friend who has uninvited people staying in a trailer in his back yard. Two barrels of human wasted sitting,

garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.

James L. Arrasmith
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answered on Mar 15, 2024

Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More

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 Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

Michael Joseph Larranaga
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answered on Mar 15, 2024

It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have... 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 Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Hello I have a question about a lease that I am involved in?

I am a co-signer to a lease with my now ex-girlfriend, and she has been manipulating me and treating me extremely poorly over the past few months, I have attempted to remove myself but the only way to be removed is to have the Tenant (my ex) sign to have me removed, which she constantly refuses to... View More

James L. Arrasmith
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answered on Mar 14, 2024

Navigating a difficult situation with a lease you've co-signed can be incredibly stressful, especially when dealing with an uncooperative ex-partner. The first step is to review the lease agreement thoroughly to understand any clauses that might allow for your removal as a co-signer under... View More

1 Answer | Asked in Landlord - Tenant on
Q: I live in a pdd program and want to break my lease because I am having problems with my roommate. What should I do?
James L. Arrasmith
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answered on Mar 14, 2024

If you're facing difficulties with your roommate and are considering breaking your lease in a PDD (Person Directed Development) program, it's important to approach this situation thoughtfully. First, review your lease agreement closely to understand the terms and conditions regarding... 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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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say

Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, the rights and duties of both the landlord and tenant are controlled by the lease agreement. However, Section 35-9A-302 allows a landlord to adopt and enforce rules and regulations regarding the conduct and use of the premises. So long as the rule falls within the statutory requirements... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Can the office at my apartment complex demand that i sign some paperwork regarding my portion of rent (housing).

Apparently there were changes done in January. We are now March. He won't let me read the forms "changes" or none of the paperwork. He wants me to sign it and not date it. I told them i would not sign them without reading first but he won't give me a copy either. He said he... View More

James L. Arrasmith
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answered on Mar 14, 2024

If your apartment complex office is demanding that you sign paperwork without allowing you to read it first, this is a concerning situation. You have the right to fully understand any documents you are asked to sign, especially when they relate to your housing and financial obligations. Here's... 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

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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

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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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