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 Contracts and Landlord - Tenant for California on
Q: I have a storage unit and my purse was stolen while I was at my unit. Is the storage liable?

My storage account has someone else as the main account holder. The storage has told me I have to move out becuz I brought drama to the facility becuz my purse was stolen. Now I have to move out. They gave me 2 days to get my things moved yet, it was 106' and 2nd day I asked if I could have... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: does he need to get evicted and if so who needs to evict him me or the owner of the house

me and a friend rented a house together going on 3 years ago we got into a fight, and he left on July 29, 2024, and has not been back he left all of his belongings in his room. I paid his portion of the rent in July August and September and finally told the owner of our house what was going on. He... View More

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

In this situation, the owner is technically the only person who can formally evict a tenant since the lease is between the owner and both you and your roommate. However, if the roommate is refusing to sign a paper to remove his name from the lease, and he has left his belongings behind, it might... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: What type of notice do I give?

I have a friend who I let stay in a room. No term specified. No rent. He did pay about 600 over the course of a year. It was just supposed to be him and his 4 year old daughter who visits every other weekend. She is now here nearly full time. 5 months ago he moved in his 14 yr old daughter. We were... View More

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

You have the right to ask your friend to leave, as he is not a tenant under California law since there is no formal rental agreement and he hasn't been paying regular rent. Since he has been staying for over 30 days, he is considered a guest or a licensee. To start the process, you should... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: If we served in an eviction notice that wasn’t notorized and they left and now are trying to come back. Is that legal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024

If you served an eviction notice that wasn’t notarized, it may still be considered legally valid in California, as notarization is not typically required for an eviction notice. The key is whether the notice met all other legal requirements, such as providing the correct number of days and... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Federal Crimes for California on
Q: I went out of town and my landlord lost my mail. What can I do?

My girlfriend and I live in a studio attached to the homeowners house. He does not have a specific place for our mail. I asked him to hold our mail for two weeks as we were going to be out of town.

Two pieces of mail were very important as one was a credit card and the other was medical... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024

Losing important mail, especially containing sensitive information like a credit card and medical insurance details, is a serious issue. You have a right to receive your mail securely, and your landlord's failure to provide a proper arrangement or hold your mail safely could be considered... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: can a property manager stand as a plaintiff in an unlawful detainer if they executed the rental agreement?

I lease residential property in Irvine and have a residential property management agreement which provides rights of assignment of leases and recovery of possession. How would a complaint of this nature be captioned? Owners name; et al. with me named on an attachment? jus the owners name or just my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024

In California, a property manager can file an unlawful detainer action if they have the legal authority to do so, which usually requires having a specific provision in the property management agreement granting them such rights. If the rental agreement was executed by you as the property manager,... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: can a landlord in california do an inspection without notice
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

In California, a landlord generally cannot enter a rental property for an inspection without providing proper notice. The law requires landlords to give tenants at least 24 hours' written notice before entering for any non-emergency reason, such as an inspection. This rule is in place to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: So I recorded me and my potential landlord (which he gave consent to) a verbal agreement to put a deposit down to hold

The terms we both agreed on say “ he’s holding the money u til we come to terms on a lease agreement if not I’ll

Give him his money back” and we both consented to what he said. If I wanted to drop out even with this recording we have, Is he legally bonded to give me my money back... View More

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

Based on the situation you described, the verbal agreement recorded between you and the potential landlord could be considered legally binding, especially since there was mutual consent and clear terms were set about holding the deposit until a lease agreement was reached. In California, oral... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord charge an additional fee for rent paid by check?

The landlord of a retirement community inculded a clause in the lease for a $50 additional charge when rent is paid by check. ACH auto-pay is the only fee-free option offered. They are refusing to prorate the final month's rent, even though that is permitted by the lease agreement, so we are... View More

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

Landlords can charge additional fees for certain payment methods like checks, but whether this is legal depends on local laws. In many states, landlords can impose fees for non-electronic payment methods, but they must disclose this clearly in the lease. If the lease includes the $50 fee for paying... View More

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Government Contracts for California on
Q: I need of a lawyer to do a billing dispute for a tenant / residential who has a judgment order.

This was a previous eviction in 2020. The tenant was ordered not to pay anyone any money including attorney fees. The plaintiffs' attorney did not clear the debt, and the collections department of the law firm is sending a collection notice to the tenant trying to collect a debt that is not... View More

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

It sounds like you're facing a complex legal issue involving a billing dispute following a residential eviction judgment. Given the situation where the judgment specifically stated that no money, including attorney fees, was owed, it is concerning that the collections department is still... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: MY TENANT HAS A LIVE IN BOYFRIEND WHO IS NOT ON THE LEASE HE HAS STAYED OVERNIGHT MORE THAN 14 NIGHTS IN A ROW.

CAN I CHARGE EXTRA FOR THAT MONTH AND HOW DO I INFORM MY TENANT. I LIVE IN CALIFORNIA

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

If your tenant's boyfriend is staying for more than 14 nights in a row and isn't on the lease, this could be a violation of your lease terms, depending on what the agreement states. Many leases include a clause about guests staying longer than a certain period. Review your lease to see if... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What to do if someone new collected your rent then landlord shows up and says he never received it

A man showed up at my home and said he was there for the rent because my landlord was in the hospital. I've seen him at my landlords. I got a signed receipt but my landlords said he didn't know the man and wants me to pay again

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

If someone collected your rent on behalf of the landlord, and now the landlord claims they didn’t receive it, you should first show the landlord the signed receipt you obtained. This receipt is evidence that you paid your rent to the individual who claimed to represent your landlord. Explain that... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Hello, i am renting a house that also flooded. Homeowner hired a company that responded and provided emergency services.

They also packed and stored my belongings and led me to believe it was part of their services. Now the homeowner is saying their insurance doesn’t cover that part. I have renters insurance but they will only cover property that was damaged. The company hired also told the home owner that my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

In California, if your belongings were packed and stored by a company hired by the homeowner during an emergency, it is important to clarify who is responsible for those costs. Typically, the homeowner's insurance might cover emergency services like water damage mitigation, but they might not... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: my landlord is now using a "property management company" They are demanding a key to my home do I need to give them one

I'm not comfortable with giving my key to someone so they can access my home anytime they want. I feel threatened by the letters they are sending me saying they are going to take legal action. I never had a problem with the landlord, I felt i was a good tenant. i all was paid my rent on time... View More

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

It sounds like you’re feeling uneasy about the new situation with the property management company. As a tenant, you have rights to privacy and peaceful enjoyment of your home. Generally, a landlord or their representative can only enter your home for specific reasons, like repairs, emergencies,... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Duplex rental in California. Owner occupies 1 unit. Tenant on the other unit. Tenant want to have a ESA. Can I refuse?

Tenant already has a pit bull type dog. A few days after I told tenant there will be another pet deposit for the new puppy she delivered the un-dated EAS letter to my mail box.

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

In California, as a landlord of a duplex where you occupy one unit, you generally cannot refuse a tenant's request for an emotional support animal (ESA) if they provide a valid letter from a licensed professional. Even if your rental policy restricts pets or requires a pet deposit, ESAs are... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord sent me a notice to vacate in 60 days via certified mail was not here so when I went to post office they did

Not let me have it because it was not my name . I could not see what it was for since he wrote a complete wrong last name . I just found out 3weeks later that I’m to vacate 10/31/2024 because he is refusing to clear and treat the all mold in the unit . He has had me with no restroom for 4 months... View More

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

It sounds like you are dealing with a difficult situation involving your landlord. If the notice to vacate was not addressed to your correct name, it may not be considered legally valid. For a notice to be effective, it generally needs to be correctly addressed to the tenant and properly delivered.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I need help with filling out forms or representation if affordable. I want to file a motion to vacate a UD case

In April of this year judgment was passed and we didn't learn that we were being sued unitl the sheriff posted the move out notice, on that same day we received the certified letter of post judgment summons. we were improperly notified and I have done all the research and gathered most of the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2024

It sounds like you're in a difficult situation and need assistance quickly. If you were not properly notified about the lawsuit, you may have grounds to file a motion to vacate the judgment in your unlawful detainer (UD) case. You mentioned gathering evidence, which will be crucial in showing... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My owner is in foreclosure, he is trying to sell the property and evict me for non-payment.

The owner told me to not worry about rent because he was going to sell the property but keep the property up. (I know that's hard to believe, but he figured he get the money for the sale and not be foreclosed on. He even got Covid 19 money, but never paid the rent.) He found a lender to sale... View More

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

It sounds like you're dealing with a difficult and potentially illegal situation. If your landlord told you not to pay rent because he was selling the property and is now trying to evict you for non-payment, you might have grounds to argue against the eviction. The notice placed on your... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Is the lease being violated if I can't open my windows?

I have 4 windows in my unit and only a panel on the largest window in the living room opens but only 5in. The other windows are ones for a business but this is a residence. I live on the 2nd floor and the other units across from me have windows that open. If a fire or any other safety issue happens... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2024

It sounds like your situation might raise concerns about safety and habitability. If your windows don't open properly, this could potentially violate California's habitability laws, which require that rental units be maintained in a way that ensures tenant safety, including adequate... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I give my 30 day notice even though the landlord said they will evict in 3 days ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

Yes, you can still give your 30-day notice to move out even if the landlord has already served you with a 3-day notice to pay or quit or to perform covenant or quit. When a landlord serves a 3-day notice, it means they are demanding that you either comply with the terms (like paying rent) or move... 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.