Get free answers to your legal questions from lawyers in your area.
To summarize - I am a CA resident. On a trip to Wisconsin, my rental car was hit (while parked and unoccupied) by a driver for Loomis Armored. The company admitted fault and said they would reimburse the rental car company. I do not have collision insurance or insurance with the rental car company.... View More
answered on Dec 1, 2020
There are inconsistencies in your statement. It appears that the credit card company charged you for the damages. That's all they get. Your insurance company is not going to do much because they don't have to pay anything out - you weren't driving your car.
Rather than... View More
We are in the process of completing the purchase for a duplex in Los Angeles (area code 90038).
The duplex is in a rent control area and the one side of the duplex is occupied by a tenant that signed to lease the property until 2021 for $800 below market value.
We were intending for... View More
answered on Oct 9, 2020
Here is the updated version. While the current moratorium rules are in place you cannot evict a tenant based upon the information that you have given. The rules change fairly often but they have been giving tenants more rights - not less.
Encourage them to pay rent in the meantime;... View More
I have a single family home in Riverside County that I've rented out for many years. Now I'm getting old and looking to retire. I can no longer manage the property being so far away so I'd like to sell it. Since we're still in the midst of COVID but the tenant is current on rent... View More
answered on Oct 9, 2020
Diffirent counties and municipalities have their own recently passed ordinances and rules regarding eviction moratoriums that some prevent evictions through January 31, 2021. You should retain an attorney in the area where the property is located.
We have no oral or written lease agreement with this tenant. She had an oral agreement with our mother who passed away and this agreement expired in august and she just stopped paying rent. We live out of town and would like the unit vacant and off rental market. We may use unit for our personal... View More
answered on Oct 9, 2020
First of all you need to retain an attorney in the area where the property is located. Most cities have COBVID-19 regulations, as well as the State of California, that have a moratoriun on evictions for any reason until next year. The rules are a bit tricky and can change at any time.
I recently moved into a room. I moved in on the 6th of June. The owner of the house is 57 year old male. I am a 23 year old male. I had a stomach bug a few days ago and vomited 1 time. He told me I had to get a coronavirus test or he was giving me a 10 day notice. I went and got tested and was... View More
answered on Jul 28, 2020
You did not provide many details of your lease arrangement; however, I can address the basic problem you are facing - imminent eviction according to the landlord.
Your landlord cannot evict for the reasons that he stated. Although you did not state the length of your lease or if you are... View More
We have been leasing to them for two years and it just has not worked out. We want to take possession of the room for ourselves but they are claiming that due to covid restrictions they cannot work therefore cannot save a first and last months rent for a new place. Can we still serve them a 60 day... View More
answered on Jul 12, 2020
If your tenant, and or additional tenants subject your property to Long Beach rent control then you may be subject to paying a relocation expense. However, with the moratorium on evictions for residential convictions in California that does not prevent you from serving a 3-day notice to pay rent... View More
We had a verbal agreement to keep items until they sold. Now they claim I Abandoned them What Cal. Agency must I complain to?
answered on Jun 29, 2020
I agree with Mr. Mandell. Also, you can contact the Better Business Bureau; however, the California Department of Consumer Affairs has teeth if you file a claim with them because it is business related.
I just received a letter from our City Attorney regarding a city-owned vacant property I had a Right Of Entry to. It expired, COVID19 kicked in and I haven't been able to locate a new space. The cost for moving (heavy equipment etc) would be thousands of dollars and economic suicide for me to... View More
answered on Jun 29, 2020
I agree with Mr. Mandel. Also, retaining an attorney may result in negotiating a renewal of the right of way, or at least finding a resolution so the matter doesn't continue resulting in litigation.
answered on May 26, 2020
A lease that prohibits pets is valid, but ESA is an exception and if certified by a licensed physician the landlord has to allow the ESA. However, you can be evicted if the ESA becomes a nuisance or otherwise disrupts other tenant's quiet enjoyment of their premises.
To avoid the... View More
My roommate and I are both international students who signed a rental agreement with a person who was subletting her apartment to us (California). The rental agreement was an ePDF and we electronically signed it and sent it to her in May 2019 through Whatsapp. However, she changed the late fee... View More
answered on May 26, 2020
You have represented 2 issues; however, without knowing all of the facts this should not be considered legal advice.
(1) The landlord unilaterally changed the terms of the lease after you signed it. Of course she cannot do that and she must adhere to the original terms that she forwarded... View More
I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?
answered on May 20, 2020
I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... View More
in Calfornia, a general contractor was hired for condo remodeling.
The condo is contaminated to the extent beyond living and the clean up bill from is hefty. Shall the owner be responsible for the bill only?
answered on May 19, 2020
I agree with Mr. Juarez, but there are additional things that you should know.
There are requirements for testing before a commercial demolition.Those requirements include the following: The asbestos survey must be conducted by a Certified Asbestos Consultant. The survey must be completed... View More
I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... View More
answered on May 13, 2020
I agree with Mr. Torres but would like to give you more information that may help you resolve your problem. You have several problems here, but first there are some facts missing.
Are the subtenants paying rent? Do they want to stay and be responsible for the amount of rent on your lease... View More
I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... View More
answered on May 4, 2020
Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.
If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the... View More
answered on May 4, 2020
A lot has happened with the novel COVID-19 virus since you submitted your question. However, you have not provided much information concerning the lease contract, etc.
I suggest you contact a local attorney in the San Diego area that practices in the area of evictions and schedule a... View More
I live in San Clemente, CA.
answered on May 4, 2020
You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.
However,... View More
I was scheduled to receive $75,000 at age 35 and $375,000 at age 45 through a structured settlement that was created after my father passed away. At age 22, about 10 years ago, I sold a portion of my structured settlement for a lump sum of money. I was about 22 at the time. The judge in San Diego... View More
answered on Apr 24, 2020
Your description of your legal issues raises more questions than answers. In order to get an informed legal opinion from an attorney you need to retain an attorney for a consultation. Be thorough with your facts, and bring all relevant documents to the consultation, which will consume at least 1... View More
Me and My Soon to be Ex-partner leaded this place, and now he wants to end the lease on his Part. We brought it up to the landlord and they said if he moves out I need to re-apply for the financial screening, the problem is his income is what helped us get this apartment, I have a way less income... View More
answered on Apr 6, 2020
If you both signed the lease then you have joint and several liability - meaning that each of you individually is liable for the rent. Providing the rent is paid each month the landlord has no power to declare a lease void, or require the remaining tenant to meet certain financial requirements.... View More
The State of CA under the Covid 19 emergency has told tenants, broadly, that they do not have to pay rent to their landlords for up to 90 days. This, in spite of the fact that a legal contract exists between tenant and landlord. Can this be considered a "seizure" without due process under... View More
answered on Apr 6, 2020
It is not a seizure because the government isn't taking anything. A pandemic singularly triggers emergency government powers to become effective that would otherwise lay dormant. Further the state is not tearing up a contract. The tenant is breaching the contract by not paying rent, and you... View More
I signed a forfeiture agreement that accelerated my stock vesting and required me to stay with the company for a couple of years. My family is sick and because of COVID 19 we can't hire a baby sitter and I have to take care of my kids and my wife and can't give more than 100% of my time... View More
answered on Apr 6, 2020
Your situation is complex and I don't think you can expect to get an informed response from any lawyer with the brief information that you provided. Even if you provide a lot more facts that is not enough. You need to consult a lawyer, and provide him/her with copies of your forfeiture... 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.