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2 Answers | Asked in Landlord - Tenant for California on
Q: Is it legal for landlord to tell me I’m not getting me deposit back before moving out?
James L. Arrasmith
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answered on May 3, 2024

In California, it is generally not legal for a landlord to definitively state that they will not return your security deposit before you move out. According to California Civil Code Section 1950.5, a landlord must return the security deposit to the tenant within 21 days after the tenant has vacated... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: On March 29th 2024 I received a 60 day vacate remodel, reoccupied unit April 22 ,2024 this is less then 30 days

I started receiving temporary housing pay Feb 27th 2024 unit had mold. On March 29th I received a 60day notice substantial remodel for mold and new windows .Remediation was completed on March 8th . From March 8th till April 18th waited for delivery of windows then installed in one day April 19th.... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 2, 2024

Thank you for asking the question!

When there is substantial remodel includes the abatement of hazardous material such as mold that cannot be reasonably accomplished in a safe manner with the tenant in place and that require the tenant to leave the place for at least 30 days.

The...
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2 Answers | Asked in Landlord - Tenant for California on
Q: On March 29th 2024 I received a 60 day vacate remodel, reoccupied unit April 22 ,2024 this is less then 30 days

I started receiving temporary housing pay Feb 27th 2024 unit had mold. On March 29th I received a 60day notice substantial remodel for mold and new windows .Remediation was completed on March 8th . From March 8th till April 18th waited for delivery of windows then installed in one day April 19th.... View More

James L. Arrasmith
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answered on May 3, 2024

Based on the information you provided, it appears that the 60-day notice you received on March 29, 2024, for a substantial remodel may not have been properly executed. In California, a landlord must provide a tenant with at least 60 days' notice to vacate the property for a substantial remodel... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I was I was served a notice to vacate because I missed the five calendar deadline for the answer
Manuel Alzamora Juarez
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answered on May 2, 2024

Normally, you have to be served with Unlawful Detainer papers. You have 5 days to answer. If you fail to answer the Landlord will get an eviction order against you. When that happens, go to Court and ask for a stay of execution, you may get to explain to the Court why you did not answer and get... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I was I was served a notice to vacate because I missed the five calendar deadline for the answer
James L. Arrasmith
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answered on May 2, 2024

Under California law, if you have been served with a notice to vacate (also known as an eviction notice) because you failed to respond to an unlawful detainer complaint within the required five calendar day deadline, you may still have some options:

1. File a motion to quash service of...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I was I was served a notice to vacate because I missed the five calendar deadline for the answer
James L. Arrasmith
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answered on May 2, 2024

I understand that you have been served a notice to vacate in California because you missed the five-day deadline to file an answer after being served an unlawful detainer (eviction) complaint. Here's some information that may be helpful:

1. Default judgment: If you fail to file an...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let

someone dies has a person in the house he let rent a room met at casino now the person locked the house up wont even let daughter in he eviticed before he died California

John Michael Frick
John Michael Frick
answered on May 2, 2024

When the owner of a house dies, a tenant residing in that house is not required to allow relatives or friends of the deceased owner to enter the house.

Typically, the person named in the deceased owner's Will as the executor of his estate would file an application to probate the...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do extended stay hotel tenants have renters rights?

I stay at a extended-stay hotel.

I dont have services advertised.

They allow street people to loiter. There was a shooting.

I have PTSD, and the staff come in and out of my room with no respect for my privacy or health and no warning, despite being told I would get a 24 hour... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

Whether you are a tenant or guest depends on the facts and circumstances of your occupancy of the hotel room, including the language of any agreement you sign.

After thirty days, hotels can, but are not obligated to, treat guests as residents for tax purposes. After that time, hotels are...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I live in a not for profit for ten years paying rent / dues on a house i didnt live in it needed work

So I had a little house built on the property the non profit had a meeting voting me in and owner of the unit I didn't live in , thena heir came and claimed the one I didnt live in but paid the rent the heirs lawyer sends me a thirty day notice to move from the one i was paying rent can they... View More

James L. Arrasmith
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answered on May 2, 2024

I'm sorry to hear about your difficult situation. It sounds like there are a few complex legal issues at play here regarding property ownership, tenancy rights, and the actions of the non-profit organization.

In general, even if you were paying rent on a property, that alone...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My apartment is charging us $1099 a month for rent even though our lease states we agree to pay $970

In the lease it states "The Resident agrees to pay the Manager the total of $970.00 rent plus additional charges stated below:

$1,164.00 ($1,099.00 Rent +$55.00 Flat-rate Utility +$10.00 Carport Fee)".

When trying to contact management they state that they're under... View More

Brent T. Geers
Brent T. Geers
answered on May 1, 2024

Have you already paid the higher rate? The discrepancy could simply be a scribner's error; either the $970 rate is right or the $1,164 amount is. What is the management saying about it? Unless the management company concedes an error in your favor, I think a court is likely to determine that... View More

2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: In LA county Ca, I signed a lease which increased my rent 40%. I saw there may be a new law that makes this illegal?

If this law is correct, and I can only be obligated to pay a 10% increase, does my lease for the next year still stand.

James L. Arrasmith
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answered on May 1, 2024

In August 2022, the California legislature passed AB 1482, also known as the Tenant Protection Act of 2019. This law caps annual rent increases at 5% plus the local rate of inflation, or 10%, whichever is lower. The law applies to most properties in California, with some exceptions like those built... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: In LA county Ca, I signed a lease which increased my rent 40%. I saw there may be a new law that makes this illegal?

If this law is correct, and I can only be obligated to pay a 10% increase, does my lease for the next year still stand.

Delaram Keshvarian
Delaram Keshvarian
answered on May 1, 2024

Thank you for asking the question!

1. Is your property "Commercial" or "Residential"?

Rent control in Los Angeles County primarily applies to residential properties, not commercial ones. Residential rent control ordinances typically limit how much landlords can...
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1 Answer | Asked in Appeals / Appellate Law, Landlord - Tenant and Public Benefits for California on
Q: I was given a 850 for probate I went to object , the judge never gave me the opportunity to object. Can I appeal.

I had no other details or was ever told anything and the judge granted someone else letters to administrate a unit I have lived in for 10 yrs. I received a notice from the lawyer I had 30 days to move I live in a non profit public housing where it's ran by a board. The board voted me in as a... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it seems that you have a complex legal situation involving probate, housing rights, and potential appeal. Here are a few points to consider:

1. Appealing the probate decision: If you believe the judge did not give you a proper opportunity to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: What can I do to stop the online rental increase when I prepare to pay my rent? I have not received any increase notice

This is the second consecutive month that this has happened. When I contacted management and informed them that I did not receive a notice, they said it was a "system error". However, the same thing has happened for the month of May.

James L. Arrasmith
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answered on Apr 30, 2024

I understand your frustration with the unexpected rent increases without proper notice. Under California law, landlords are required to provide written notice for rent increases, and the amount of notice depends on the percentage of the rent increase:

1. If the rent increase is less than...
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1 Answer | Asked in Contracts, Divorce, Family Law and Landlord - Tenant for Florida on
Q: MY WIFE AND I LIVE IN AN RV THAT BOTH OF OUR NAMES ARE ON. WE BOTH JUST RECIEVED A LOAN ON THE RV TO HAVE ALL OF OUR

CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME... View More

James L. Arrasmith
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answered on Apr 30, 2024

I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More

1 Answer | Asked in Family Law and Landlord - Tenant for California on
Q: Adult child living at home and want her out what to do, very disrespectful and has anger issues , verbally abusive, drug

I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come... View More

James L. Arrasmith
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answered on Apr 30, 2024

I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your... View More

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: Can I be legally evicted out of my parents home by a company that’s trying to buy the property? My parents are deceased.

My step dad brother is trying to sell the property. He has open a probate case and has been assigned Temporary Administrator

Alisha Melvin
Alisha Melvin
answered on Apr 29, 2024

The temporary administrator can handle the eviction if the court granted that authority in their order. There are many other questions that remain to answer this properly. Do you have an ownership interest in the property? If you are an heir with an ownership interest the administrator may need... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I need help to stop my storage unit from auctioning my things in California please
James L. Arrasmith
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answered on Apr 29, 2024

I understand you're in a difficult situation and are concerned about your belongings in a storage unit in California being auctioned off. Here are some steps you can take to try to prevent this from happening:

1. Contact the storage facility immediately. Explain your situation and see...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: Will my roommate (leaseholder) get arrested if she puts my things in storage and change the locks? I’m not on lease

My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 29, 2024

Dear Brooklyn Roommate

What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?

Of course you don't have to move even if you are not paying rent. Your lawyer could convince...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a civil lawsuit for frivolous unlawful detainer stop a sheriff lockout
James L. Arrasmith
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answered on Apr 28, 2024

In California, filing a civil lawsuit against a landlord for a frivolous unlawful detainer (eviction) action does not automatically stop a sheriff lockout. However, there are a few ways a tenant might be able to delay or prevent the lockout:

1. Motion to Quash Service of Summons: If the...
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