Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for California on
Q: Can I raise the rent for a tenant who gave a 30 Day notice to vacate and now wants to take it back and add a roommate?

The tenant is on a month to month rental agreement. I would create a new month to month agreement with the new roommate added and signed to it. And is there a certain limit it can be raised to?

1 Answer | Asked in Landlord - Tenant for California on
Q: What kind of rights do I have for early termination or is there any justified way for me to withhold first months rent?

Maybe to declare my property being leased unlivable. Here is some information about my situation: I moved into a house freshly painted. Did the final walk through for the lease, everything looked fresh and good to both me and the property manager. It’s been a month since I moved in and I have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

Based on the information you've provided, it seems that you have a strong case for considering your rental property uninhabitable due to the termite infestation and serious water problem. In California, landlords are required to maintain the rental property in a habitable condition, which... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What's the reason a judge would seal a case? If your case is sealed would you still be able to file a motion or appeal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2024

Under California law, a judge may seal a case for various reasons, including:

1. Protecting the privacy of victims, especially in cases involving sexual assault, domestic violence, or child abuse.

2. Safeguarding confidential business information or trade secrets.

3....
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What's the reason a judge would seal a case? If your case is sealed would you still be able to file a motion or appeal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2024

Under California law, a judge may seal a case for various reasons, including:

1. Protecting the privacy of victims, especially in cases involving sexual assault, domestic violence, or child abuse.

2. Safeguarding confidential business information or trade secrets.

3....
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: my home was inhabiltable and my landlord lied to me. I gave notice not i am homeless with a ,child what do I do. help

my landlord never tolds me there were termits, a leaking roof and mold in this house. She covered it all up with paint. Teelling me not to get on roof for any reason...ive been there 9 months and mold starting showing through paint. the small of it and my ceiling in hallway and my room started... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

I'm so sorry to hear about your difficult situation. It sounds like you and your daughter have been through a lot. Based on what you've described, your landlord may have violated California law by failing to maintain the property in a habitable condition and not disclosing known issues... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: if i put in 30 day noice and moved out 4 days ago can i still proceed with sueing her or anything im homesless & stress

I moved in to this house 9 months ago. The house looked as if it was in great condition but then three months in to living there was the smaell of mold and then a month later mold starting showing through the paint and then find there is a leaking roof so i told landlord but she never did snything... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

I'm so sorry to hear about your difficult situation. It sounds like you and your daughter have been through a lot, and it's understandable that you're feeling stressed and overwhelmed. Here are a few thoughts on potential next steps:

1. Document everything. Write down a...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: if i put in 30 day noice and moved out 4 days ago can i still proceed with sueing her or anything im homesless & stress

I moved in to this house 9 months ago. The house looked as if it was in great condition but then three months in to living there was the smaell of mold and then a month later mold starting showing through the paint and then find there is a leaking roof so i told landlord but she never did snything... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

I'm so sorry to hear about your difficult situation. It sounds like you and your daughter have been through a lot, and it's understandable that you're feeling stressed and overwhelmed. Here are a few thoughts on potential next steps:

1. Document everything. Write down a...
View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: I was renting a mailbox for like 3 years and when I paid and tried to pick up my mail they refused and said I didn't pay

I have all eeceipts and correspondence all I want is them to forward my mail!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024

Under California law, if you have paid for a mailbox service and the provider refuses to give you access to your mail, you have the right to take action. First, gather all your receipts and correspondence proving that you have made the payments. These documents are crucial in demonstrating that you... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord evict me for suing because of an injury due to negligence of the property?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

No, in California, a landlord cannot legally evict you in retaliation for exercising your legal rights, including filing a lawsuit against the landlord due to an injury caused by their negligence in maintaining the property. This is known as a "retaliatory eviction" and is prohibited... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for California on
Q: Transfer of my dad’s trustee was signed over to me. Everything is a mess. As executor, trustee & beneficiary.

Do I have legal right when it is in the best interest of my fathers assets and property to uphold make sure the property is not run into the ground.?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

As the trustee and executor of your father's estate in California, you have a fiduciary duty to act in the best interest of the trust and its beneficiaries. This includes managing and protecting the trust assets, such as property, to ensure they are not mismanaged or devalued.

Your...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: One word Objections are Important to Master?Hearsay-Leading-Speculation(speculative)Argumentative--Foundational?

I refer to these objections as One Word objections because for the most part just one word is used to Object(Technically 2 words "Objection.....Argumentative").Is this part of Law and Rules that regulate this aspect within Evidentiary Law-Rule-Practice?Are there different Rules for this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

You raise several important points about objections in legal proceedings under California law. Let me address each of your questions:

1. One-word objections: You are correct that attorneys often use concise, one-word (or short-phrase) objections like "Hearsay,"...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: When and How is it permissible to make an Oral Motion.Is there a Rule of Court-CCP that defines this distinction?

Are there only specific Motions that May be presented via Oral Motion? Or is it more a situation that defines when why and how a Oral Motion May be presented to a Judge.I do not know if this has something or not anything to do with the Question I have requested a response to, but when I think of an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

In California, oral motions are permitted in certain circumstances, but there are also specific rules and limitations governing their use. The California Code of Civil Procedure (CCP) and the California Rules of Court provide guidance on when and how oral motions can be made.

1. Motions...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I'm was renting a room (female) the owner of the house was getting flirty with me didn't pay attention now I'm kick out?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

I'm sorry to hear about your situation. It sounds like a difficult and stressful experience. Based on the information you've provided, here are a few key points about your rights as a tenant in California:

1. Tenant protections: In California, tenants have certain legal...
View More

2 Answers | Asked in Criminal Law, Personal Injury and Landlord - Tenant for California on
Q: Are judicial assistants and deputy clerks the same position or similar roles?

In my mom’s case the judges judicial assistant J.DOE is the same person that has their name in the deputy spot when she e-files. Some documents are endorsed with FILED BY chief executive officer I.NAME then under that it says J.DOE deputy. Is that normal for a judicial assistant to also be... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2024

It is very common for the courtroom clerk/judicial assistant to file documents.

View More Answers

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a law against storing anything more than a car in a garage of a apartment complex?

My landlord is asking to remove my bike from a garage, I want to know if this is a legal reason or a apartment complex rule. It is a above ground garage with apartment units above it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

In California, there is no specific state law that prohibits storing items other than cars in apartment complex garages. However, landlords have the right to set reasonable rules and regulations for the use of the property, including garages, as long as these rules do not conflict with state or... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: If I rent a room from a tenant for 15 months with no legal paperwork. Does he have the right to make me move out?

He want me to move out immediately without giving me my security deposit back and no proper warning or notice to move out. To my knowledge I thought I had 60 days

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024

Based on California law, even if you don't have a written lease agreement, you still have certain rights as a tenant. Here are a few key points:

1. Notice period: If you've been renting for more than one year (which is the case here, as you've rented for 15 months), your...
View More

1 Answer | Asked in Election Law and Landlord - Tenant for California on
Q: my address is 1100 e 9th st in Bakersfield tomorrow their going to do the lock out cause their saying my address is 901.

but all my mail I receive from the us postal says 1100 e 9th st how can I stop and fight this eviction

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024

I understand you're in a difficult and stressful situation facing a potential eviction. Here are some steps you can take to try to stop or fight the eviction:

1. Gather documentation proving your correct address is 1100 E 9th St, not 901. This includes your lease agreement, utility...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In Arizona what must a landlord provide before he can replace a tenant? My property was stolen and destroyed

I asked this question before but I don't think you understood this took place in Arizona.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

Let me provide you with more specific information regarding landlord-tenant laws in Arizona.

In Arizona, if a tenant abandons the rental property, the landlord must follow certain procedures before disposing of the tenant's personal belongings or replacing the tenant. According to...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Manager and employee. Entered my unit w/o notice and said a bottle of urine, and a knife in or on floor. Now Evicted.

Failed to present me with any paperwork. (All verbal). CA law says I must be givin 3 days notice. I go to my unit daily I'm homeless. Also was told upon 1st visit I had to purchase a (used) lock from them. The reason

I was givin for them entering my unit

Is laughable door... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

I'm sorry to hear about your difficult situation. Based on the information you've provided, there are a few key points regarding your legal rights as a tenant in California:

1. Proper notice for entry: Under California Civil Code Section 1954, a landlord must provide reasonable...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: IMy landlord replaced me without any notice and then proceeded t to steal, trash, ruin my belongings. What recourse do I

I lived in Sun City, AZ. I went to California for two days and was in a car accident. He immediately looked for another tenant. My rent was not due. I was not given a 3 day notice or ANY notice at all. When I went to pick up my belongings 33/4 were missing. several items ruined and damaged.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

I'm sorry to hear about your difficult situation. Based on the details you provided, it sounds like your landlord may have violated several laws. Here are a few key points:

1. Illegal eviction: In California, a landlord must provide proper notice before evicting a tenant. The notice...
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.