Questions Answered by Manuel Alzamora Juarez

Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Answered on Dec 14, 2018
Manuel Alzamora Juarez's answer
Assuming you have already sent her a letter telling her to turn the water and she has refused. Call the City inspectors and tell them to cite her for depriving you of water and sewage. Once the city inspects your house and cites her, talk to a Tenant lawyer to advise your further. Best of luck:

Q: Roof has been leaking for years and I have asked the landlord to have it fixed and yet he is ignoring my requests.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Dec 6, 2018
Manuel Alzamora Juarez's answer
Call the City inspectors and ask them to write a report. Best of luck.

Q: My mother was hit and killed by a driverless car. Can I still sue the person in the driver's seat or do I need to go

4 Answers | Asked in Wrongful Death for California on
Answered on Dec 4, 2018
Manuel Alzamora Juarez's answer
I think that you could sue both, the car owner and the manufacturer. It would be a great case that would set a precedent for litigation against driverless cars. Best of luck

Q: we have a dog in our rural area that has killed several livestock and pet

4 Answers | Asked in Animal / Dog Law for California on
Answered on Oct 28, 2018
Manuel Alzamora Juarez's answer
Sue the owner in small claims court and ask for the reasonable value of your livestock. Best of luck.

Q: I also just had surgery and can't be lifting things yet

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 26, 2018
Manuel Alzamora Juarez's answer
If your landlord did not fix the house problems such as bad plumbing and holes in the wall, ten your landlord may be in violation of the law. Please consult with a Tenant Lawyer regarding this issue. Best of luck.

Q: Who can i call to get help

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 26, 2018
Manuel Alzamora Juarez's answer
You can call any lawyer in your area that practices landlord/tenant. Best of luck.

Q: I was served with a three day notice and a 60 day notice in the back of the three day notice and know I was served with

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 26, 2018
Manuel Alzamora Juarez's answer
A lot of landlords are evicting tenants right and left due to a few days of back rent.

Unfortunately, unless you have any issues related to warranties of habitability, i.e. housing issues such as: rat invasions, cockroaches, bedbugs, broken stairs, lack of heaters, bad wiring, sewer back-ups, leaky plumbing, etc., which the landlord has not fixed on a long time, you may end up without a place to live. Call a Tenant lawyer to help you if you have any of these issues. Best of luck

Q: What, if anything must a landlord provide to tenants in case of displacement due to fire, in a multi-unit dwelling?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 24, 2018
Manuel Alzamora Juarez's answer
The landlord should consult with his insurance company to find out whether his policy can provide temporary shelter for the displaced families. The benefits would be the difference of the normal rent and the rent for the new dwelling. Since the damage was caused by unlicensed contractors, the owners may be on the hook if they knowingly hired said contractors.

Q: is it legal for my landlord to charge me for his rejecting my rent payments even thought the money was in my account

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 20, 2018
Manuel Alzamora Juarez's answer
If you wrote a check to your landlord but there were no funds available in your account when his bank attempted to collect the funds from your bank account, then his bank would charge him a fee. This charge is an amount that your landlord would pay automatically. However, if the reason why he is being charged is your lack of funds which can occur in a microsecond, then you would be responsible. It is harsh, but that is the way he would see it. if you do not pay, your landlord may decide to...

Q: What can i do when a housemate screams at me and cusses me out in front of my 4yr old son?

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on
Answered on Oct 18, 2018
Manuel Alzamora Juarez's answer
This is a very tricky question. You seem to meet the elements of a DV case, however, you are not married to the housemate and you do not have an intimate relationship that would qualify him as a boyfriend or living companion. The law in this case is that you may have to file a civil restraining order based on the facts stated by you. If he is verbally abusing you or your child, the Court may recommend a restraining Order or jail time. It is based on facts and proof. Additionally, this type...

Q: I live in the state of California and my landlord has exposed me and my daughter to mold.

2 Answers | Asked in Landlord - Tenant for California on
Answered on Oct 15, 2018
Manuel Alzamora Juarez's answer
Yes. You can sue the landlord for failure to provide a/c on hot days. It would help if you could provide medical records of your daughter elevated temperature and also documentation that you notified your landlord of the several property violations. You have technical violations but the damages recovery is based on the severity of the injuries suffered and proof that you can provide at trial. IIt helps if you have City inspector reports and medical records. Best of luck.

Q: A dog was running across the street without its leash and got ran over by my back tire.

4 Answers | Asked in Animal / Dog Law and Car Accidents for California on
Answered on Sep 18, 2018
Manuel Alzamora Juarez's answer
It is a sad tragedy and there is no way to make the dog owner feel better. only time will do that. Researchers say that losing a dog is like having a family member dying on you. Show compassion for the loss. Do not blame the dog owner and express your sorrow in a manner that is not confrontational.

Explore with your car insurance company whether they can handle it. Do not talk to the dog owner and do not make any offers to settle. If the car insurance refuses to do it. Then talk...

Q: LL wants to increase rent on an illegal unit by 50% total within a 4 month period. Is this allowed? Can I refuse it?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 17, 2018
Manuel Alzamora Juarez's answer
Your situation is one of real distress. Your dwelling is not only in serious violations of the habitability codes but also in violation of permits required for modifications to a house. If you call the City inspectors, you assume the risk to be told to move out by the City inspectors. On the other hand, if you do not do so, your LL will continue to harass you. So, one of the solutions may be to ignore him and wait for him to make his move.

Meanwhile, search for a new place and...

Q: A petition to partition by sale has been filed by one of three tenants in common. But the principal was paid mostly

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Sep 14, 2018
Manuel Alzamora Juarez's answer
That is what partition is about. He can petition the court for the sale of the property and for his share of the proceeds. If you want to make a claim for monies spent by the decedent, you have to do it through his executor. Best regards.

Q: My girlfriend is selling her home and wants me and my dogs out tonight what can I do?

2 Answers | Asked in Landlord - Tenant for California on
Answered on Sep 4, 2018
Manuel Alzamora Juarez's answer
If YOU ARE A TENANT, SHE HAS TO GIVE YOU AT THE BAREST MINIMUM 30 DAYS TO MOVE OUT. HOWEVER, IF YOU ARE JUST A BOYFRIEND WHO DOES NOT CONTRIBUTE ANY MONEY TOWARDS RENT AND ARE LIVING FOR FREE, THIS BECOMES MORE DIFFICULT. SHE COULD CALL THE COPS ON YOU AND ACCUSE YOU OF DOMESTIC VIOLENCE AND OR AWFUL THINGS AND YOU COULD BE REMOVED PHYSICALLY OR ARRESTED BY THE COPS, WHO COULD CONCEIVABLY ISSUE A TEMPORARY RESTRAINING ORDER. I DO NOT KNOW ANY SPECIFIC FACTS REGARDING YOUR SITUATION BUT THIS...

Q: Can a landlord decide to just start taking appliances out of the rental home?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 3, 2018
Manuel Alzamora Juarez's answer
A rental home should include a stove and a fridge. However, I am guessing here that the problem here is that the will also provided for all personal property to go to his heirs.

A used fridge is worth only a couple of hundred dollars. An attorney will cost you between $1500 to $2500 to get involved in this case. So, offer to buy the fridge from the estate, which could probably be a couple hundred and see how that works out for you. Best of luck!!!

Q: We share a well with a neighbor, our line is busted so we've been getting our water through a garden hose for 6 months .

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Aug 28, 2018
Manuel Alzamora Juarez's answer
Go to your city home inspector and demand that they come to your place to write up a report of the living conditions of your home. Also, write a letter to the landlord and keep a copy. Send it certified mail. If he does not fix the problem in 20 days call a lawyer. There are several violations of the warranty of habitability and you need to call a lawyer right away to get compensation for your damages. Best of luck.

Q: If a driver hit and totaled my parked car, is her insurance company responsible for providing me a rental car?

4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Answered on Aug 28, 2018
Manuel Alzamora Juarez's answer
If you have collision and full comprehensive insurance, call your own insurance company and ask them to help you. If they do not, then hire a lawyer. Best of luck.

Q: Does my landlord have the right to post campaign signs in my front yard?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 27, 2018
Manuel Alzamora Juarez's answer
If you live in his house, definitely yes, If you ae renting a separate house and he places a sign in your lawn without your consent, that is a tricky one. It is still his house but you rent the dwelling and he can argue the yard is his. Does the lease give him any rights to post any signs? my guess is not, however, it would be interested to test that policy. You want to get along with your landlord or give him a piece of your mind. If the latter, write him a letter telling him you do not...

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.