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Questions Answered by David Piotrowski
1 Answer | Asked in Landlord - Tenant for California on
Q: Hi, I was not able to pay the full amount of rent for this month (May) but paid $200.00 from the $1700 due.

I was not paid by my last boss to no fault of my own and he owes me a lot of money, but has not paid me so far, so my income has gone down extensively, hence the reason for my delayed rent payment. I am trying to get the rest of the money asap ($1500) but don't know when exactly.

My... Read more »

David Piotrowski
David Piotrowski answered on May 8, 2018

The landlord could serve you with a 3 day notice for non-payment for the balance that you owe. If you do not pay within 3 days of being served with the 3 day notice, then the landlord could file an eviction court case against you.

1 Answer | Asked in Landlord - Tenant for California on
Q: I am being forced by the landlord on an illegal apmt to move for another tenant. Am I entitled to relocation assistance?
David Piotrowski
David Piotrowski answered on May 8, 2018

That depends on whether or not your property is subject to rent control.

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for California on
Q: If I give my 30-day notice to move out in the middle of the month, do I need to pay the whole months rent?

I am on a month-to-month lease from a year lease that ended in April. I understand that I need to give a 30-day notice which I want to send right away. But since it is May 7th, and 30-days is June 7th, do I have to pay the whole month of June? My rent is pre-paid on the First of each month.

David Piotrowski
David Piotrowski answered on May 8, 2018

You would pay a prorated rent for June. To get the daily value, divide the full months' rent by 30. Then, multiply the daily value by the number of days in June until the 30 day notice expires.

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1 Answer | Asked in Landlord - Tenant for California on
Q: I received a 3 day notice to preform covenant (cure) or quit, preformed the request then paid rent on day 2 did i need

to file something else? because they still file a unlawful detainer, saying it wasn't done in 3 days.. I have pics and witnesses. showing I complied with notice.

David Piotrowski
David Piotrowski answered on Apr 28, 2018

If you have proof/evidence to show you cured the violation with the 3 days, then raise that in your Answer and bring your proof with you to court on the day of the trial.

1 Answer | Asked in Landlord - Tenant for California on
Q: my landlord gave me a 30 day notice but we have a one year lease do i have to move
David Piotrowski
David Piotrowski answered on Apr 28, 2018

If you are on an unexpired lease, then generally the landlord cannot give you a 30 day notice to terminate tenancy. The landlord could, however, give you a 3 day notice if you are violating something in the lease.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for California on
Q: How do I collect on a Stipulation for an Unlawful Detainer case where the Defendant never made any payments?

There was a Stipulation with an agreed on payment plan and a payment was never made.

David Piotrowski
David Piotrowski answered on Apr 28, 2018

Read through your stipulation. Often times it will require the plaintiff to file a declaration of non-compliance or it may require an ex-parte appearance. Collections are an entirely different process. If the defendant doesn't make the payments, you may need to consider a wage garnishment,... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: I have lived in my house for 2 years this June, and I was just served with a 60 day notice to vacate-with no reason.

Can she really do this. I am a single mom of a six year old girl.

David Piotrowski
David Piotrowski answered on Apr 28, 2018

Assuming you are not in a rent-controlled area and are on a month-to-month tenancy, then yes, the landlord can serve you with a written 60 day notice to move. You would then have 60 days to move. If you do not move within the 60 days, the landlord would then be able to file an unlawful detainer... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: If my tenant is avoiding my calls regarding payments. How long do I have before I proceed with eviction notices?

Tenant is on a month to month agreement for 10 years and have been falling behind on payments recently.

David Piotrowski
David Piotrowski answered on Oct 6, 2015

If the rent is past due and there is no grace period, you can generally serve the 3 day notice to pay rent or quit the day after the rent is due.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can your landlord come over to your house without your permission
David Piotrowski
David Piotrowski answered on May 24, 2015

Generally no. The landlord needs to provide adequate and reasonable notice (generally 24 hours).

1 Answer | Asked in Landlord - Tenant for California on
Q: I moved into an apt. by myself. Lease says if I add a roommate on a future date, the rent will increase. Is this legal?
David Piotrowski
David Piotrowski answered on May 24, 2015

Yes. The amount of the rent increase, however, may be limited, depending on whether or not you are in a rent-controlled area.

1 Answer | Asked in Landlord - Tenant for California on
Q: My family has been renting the same house in LA for the past 20 years. Landlord wants to evict us. Is this legal?

My family has paid rent for the past 20 years and currently the land owner wants my family to move out

David Piotrowski
David Piotrowski answered on Apr 29, 2015

More facts are needed. Is your property subject to Los Angeles rent control? If it is, the landlord can only evict you for certain reasons, and many of those reasons require the payment of relocation assistance to the tenants. If the property is not subject to rent control, then yes, the landlord... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: how to remove a renter

A person moved into my fathers home and will not leave

David Piotrowski
David Piotrowski answered on Apr 29, 2015

Most likely, an unlawful detainer (eviction) case would need to be filed in court and a judgment for possession would need to be entered against this person. Contact an attorney to assist you.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord break a lease to sell his home?
David Piotrowski
David Piotrowski answered on Apr 29, 2015

Normally, if a tenant is on a lease, the lease would continue even if the owner sells the house. The new owner would become the new landlord. The reasoning is, the new owner purchased the house with knowledge of the existing tenancy. There are some exceptions. You may want to contact an attorney to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a renter, and would like to know if I can break lease because I am purchasing a house?
David Piotrowski
David Piotrowski answered on Apr 29, 2015

You need to review your lease. You signed a binding contract. Normally, you would be responsible for paying for the full term of the lease, even if you leave early. However, the landlord is required to try to minimize the loss by re-renting the property as quickly as possible. If that happens, most... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: I really need help to evict a tenant

This people have been living in my property for about 2 years, Free!

David Piotrowski
David Piotrowski answered on Mar 30, 2015

It is impossible to give you legal advice based on your post. Why have the people been living in the house for free? Why have you waited 2 years before evicting? You should probably contact a local eviction attorney for a consultation and perhaps representation.

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1 Answer | Asked in Landlord - Tenant for California on
Q: I rent 1 house on shared property with 1 other house. Is landlord still required to give me notice to come on property?

I live on a shared property that has two houses. I rent 1 of the homes. The landlord frequently comes over to do things on the property without giving me any notice. The landlord says that because the other house is a "vacation rental" that they don't have to provide me with 24 hour... Read more »

David Piotrowski
David Piotrowski answered on Mar 30, 2015

Your landlord would be required to give you proper and reasonable notice if they were to enter your specific unit. If the landlord is simply entering the common area on the property, he would not need to provide notice.

2 Answers | Asked in Landlord - Tenant for California on
Q: I have a room mate who is violent, how do I evict ?

She's 82 yr. old, who interviewed well, but after 2 weeks living here is hostile, escalates quickly and has struck me. I want her out. I called the police and all they did was talk to her, and act like it was no big deal. I'm 65 yr. old We are both female about the same size

David Piotrowski
David Piotrowski answered on Mar 30, 2015

If your roommate is a co-tenant, there's not much you can do to evict her. If she is your "tenant" and you are her "landlord," you may be able to serve her with a valid termination notice and then file an unlawful detainer action in court if she fails to move at the... Read more »

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