Weeds were growing in a drainage ditch; seeds from the weeds invaded the neighboring property and those owners brought an action to abate them as a nuisance. Must the owner of the drainage ditch remove the weeds?
Nuisance claims require that a plaintiff prove the defendant acted (or failed to act) unreasonably, and as a result the plaintiff suffered some kind of harm/annoyance or interference with the use and enjoyment of their property, and that an ordinary person would be annoyed or disturbed by...View More
I want to make sure this isn't going to create any issues when signing the new lease. We are planning on just overlapping (her paying out the remains 3 months) her current lease because her current lease is cheaper because it is split between roommates she shares the apt with.
Overlapping on leases like this is very common. As long as she's paying the due rent on both properties, it shouldn't be an issue. It's risky to try to pay out the remaining months' rent in a lump sum, however. Usually, the lease language does not differentiate between rent...View More
The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void...View More
I had a problem ten years ago, and now it is happening again with new tenants in this rental home property across the street. I alerted said neighbors to the issue, they explained homeless are trespassing onto the property. They turned on porch light and shut their gate for a few weeks. Now, the... View More
Depending on where you live, it may be a violation of a local law and contacting the City and waiting would be your cheapest option. I would also expect that you have a claim for private nuisance against the neighbor, and you could seek an injunction, but that would be expensive.
If the standing water is located in the common area of the condo complex, then the HOA is responsible for it. If the mosquitos are causing a nuisance, i.e., unreasonably interfering with owners' use and enjoyment of the property, then the HOA should address the issue either with periodic...View More
Yes, there is no requirement in California that the person seeking the prescriptive easement needs to be using it to access adjacent property, and there is no requirement that they have to take the shortest path. So long as the proper elements are met, there is a chance the claimant could be...View More
The co-owner now wants me to sign a quit claim and give her the house with no remuneration. She is in ill health and needs the money and wants to sell but not split the $. I have refused. I currently live in this house with my wife. Is there anything she can do to legally force me out of this house... View More
In California, one co-owner of a property can force another co-owner to sell by bringing a civil lawsuit for "partition." If the dead clearly shows that you both are co-owners of the property together and there is no dispute about that, then her right to partition is nearly absolute....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.