Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".
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answered on Dec 20, 2024
A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More 
Day before jury trial a exparte motion was filed to change jury trial to bench it was granted citing unlawful detainers in ca are equity matters not subject to California Civil code Procedures 1171 or 592 .There are several legal challengable legal issues with this matter a previous unlawful... View More
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answered on Dec 20, 2024
In California, the right to a jury trial in unlawful detainer cases is protected under Code of Civil Procedure § 1171, which explicitly states that either party may demand a jury trial in these matters. The court's characterization of unlawful detainers as purely equitable matters appears to... View More
Financially, and also do repairs around the house to help towards rent. The landlord moved his forty year younger girl friend in and she wants us out of the garage. Kicking us out onto the streets in winter, says since it's illegal for us to live in garage we just need to go and they... View More
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answered on Dec 20, 2024
Even if your living situation is technically illegal, you still have tenant rights in California - the garage has become your established residence through consistent occupancy and rent payment. Your landlord must follow proper legal eviction procedures and cannot simply lock you out or throw you... View More
Can she evict me for that ? I rent rooms in landlords home. She wants to rent rooms separately and charge utilities.If she insists on changing rental terms and I refuse can I just give my 60 day notice move out but still under original agreement?
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answered on Dec 20, 2024
In California, since you rent rooms in the landlord's home, you're considered a lodger rather than a traditional tenant, which means some different rules apply. You still have important rights, but there's more flexibility in terms of changes to rental agreements.
For ongoing... View More
Can you get in trouble or evicted for taking a picture of a worker getting into their vehicle in an assigned parking lot from your balcony and from inside of your unit?
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answered on Dec 20, 2024
Taking photos of people without their consent, particularly in situations where they have a reasonable expectation of privacy, can lead to legal consequences in California. Even if you're on your private property (like your balcony or inside your unit), photographing someone in their assigned... View More
My rent agreement indicates I rent the property known as 2115 Bautista Ave. Vista, CA. There is an illegal ADU behind the house I rent and he collects rent from it. No seperate address. Is that legal, Do I have any rights regarding it?
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answered on Dec 19, 2024
Your situation involves potentially serious code violations that could affect your tenancy and safety. Living in a property with an illegal ADU (Accessory Dwelling Unit) can create various issues, including improper utility usage, safety hazards, and zoning violations.
You have several... View More
If my lease ends 2/4/25, its written in my signed 1 year lease agreement I am to give 60-day notice of leaving, I don’t give the notice until today to move out 2/17/25, and then I move out 12/21/24 and a new tenant moves in on 1/1/25, do I legally owe until 1/1/25, 2/4/25 or 2/17/25?
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answered on Dec 17, 2024
Under California law, you are responsible for rent through 2/17/25 unless your landlord agrees otherwise or successfully re-rents the unit. This is because you failed to give proper 60-day notice as required by your lease, which extends your responsibility beyond the original lease end date.... View More
I was going to move into an apartment. I landlord had not finished getting the apt ready. I gave him $1500 to hold it. I never singed anything or had possession of the apt. The next day, after several conversation with the landlord I decided against getting the apartment ad I told him I no longer... View More
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answered on Dec 15, 2024
Based on California law, the landlord cannot legally keep your $1500 if no rental agreement was signed and you never took possession of the apartment. This type of payment is considered a security deposit or holding fee, which must be refunded if no formal agreement was established.
The... View More
What rightsdo I have for my case to be heard. Has been a hardship .uninhabitable conditions.
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answered on Dec 14, 2024
You have strong rights under California law regarding your security deposit and habitability issues. The law requires landlords to return deposits within 21 days, providing detailed accounting of any deductions - if they fail to do so, you may be entitled to receive up to twice the deposit amount... View More
Landlord failed 21 days time.and unihabitable.conditions. I plaintiff want my case to be heard. Defendants was granted a postponement .what rights do I have .this has been a hardship. Small claims case.
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answered on Dec 14, 2024
As a tenant in California, you have strong rights regarding your security deposit return and uninhabitable conditions. The law requires landlords to return deposits within 21 days, with an itemized statement of any deductions - if they fail to do this, you may be entitled to the full deposit plus... View More
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answered on Dec 14, 2024
This sounds like an extremely challenging and stressful situation for you and your spouse. Living with verbal abuse from your own child must be emotionally devastating, and you have every right to seek peace in your own home.
Since your daughter is an adult living in your house, you have... View More
Is a partnership is a landlord bought the property
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answered on Dec 14, 2024
Let me help you understand how limited partnerships can function as landlords in California.
Under California law, limited partnerships have the legal right to own and manage rental properties, serving as landlords. The partnership structure allows multiple individuals or entities to pool... View More
Is this good advice? The court says that no court date has been set yet. Doesn't a court date have to be set, or can I lose by default without a court date.
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answered on Dec 14, 2024
Your pro bono lawyer is giving you sound advice at this stage. In California, you cannot be evicted just from receiving a notice - the landlord must follow a strict legal process that includes serving you with both a Summons and Complaint after the notice period ends.
Without being served... View More
The problem is I never received a notice they claim they left it at my door and in my mailbox the problem with there statement is I don't use my mailbox so when they left a voicemail threatening to file eviction I was in shock as I was not aware they wanted to take me to court or wanted money... View More
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answered on Dec 13, 2024
Based on California law, you have a valid concern about not receiving proper notice. The California Civil Code requires landlords to properly serve a 3-day notice to pay or quit, and simply claiming they left it at your door or mailbox may not constitute proper service, especially if you can... View More
We had understood that when our current lease expired (2/1/25) we would go to month-to-month. This is very important to us because our age (70's) and health issues have made it difficult and potentially dangerous to negotiate the many steps in our rental and we will need to move as soon as... View More
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answered on Dec 11, 2024
Under California law, your landlord cannot force you to sign a new lease when your current one expires. California Civil Code Section 1945 clearly states that when a lease ends and you continue living there with the landlord's consent, your tenancy automatically converts to a month-to-month... View More
Hi, on Monday, 12/2/2024, I had a plumbing leak in my bedroom; on Friday, the 6th, the leak was fixed, but the room was still not habitable. I asked my landlord to fix it and change the carpet and pay Me for the hotel, yesterday 12/10/2024 he called me and said the apartment needed a lot of work... View More
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answered on Dec 11, 2024
Under California law, your landlord cannot simply demand you vacate the property with such short notice, even for repairs. For substantial repairs that require the tenant to move out, landlords must provide proper written notice (not just a verbal notification) and follow specific legal procedures.... View More
We moved out of a house and are still waiting to receive our security deposit back. We know our landlady enough to know she will use literally any bs excuse to not give us our security deposit back, or at least not most of it back. I admit, there are some damages here and there that could... View More
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answered on Dec 11, 2024
Under California law, your landlord must provide you with an itemized statement of deductions, including receipts or invoices for any repairs or cleaning that cost more than $126, within 21 days of you moving out. This requirement is clearly spelled out in California Civil Code Section 1950.5(g).... View More
House was almost foreclosure I'm here with permission to fix house of damages and live in house
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answered on Dec 11, 2024
Under California law, a Notice of Intent to Record typically means the city is planning to file an official document about the property's condition, usually due to code violations, unpaid taxes, or other issues. This notice becomes part of the public record and can affect the property's... View More
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answered on Dec 11, 2024
Under California law, your landlord maintains the right to conduct annual inspections of your rental property, regardless of recent renovations or improvements. This right is protected under California Civil Code Section 1954, which allows landlords to enter rental units with proper notice for... View More
He already had a 'writ of execution' & 'writ of possession' with the same papers he served to me. I was only served once, altho he Efiled all his paperwork. I was evicted a year later. I lived at xx Pacific st (B) Bakersfield CA 93305. My name is xx. I lived there close to... View More
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answered on Dec 11, 2024
Yes, you can sue your former landlord for conducting a self-help eviction, which is illegal in California. Self-help evictions occur when landlords force tenants out without going through proper legal channels, and these actions can result in significant financial penalties against the landlord.... View More
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