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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Why would a lawyer say to me the TOA 90days you git is not valid but let's act like it is because I haven't heard

From your owner or property manager yet

Do I have to move or no ? Is it valid or no ?

Need second opinion or advice

I'm on section 8

James L. Arrasmith
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answered on Feb 20, 2024

If a lawyer has indicated that the Termination of Tenancy (TOA) notice you received is not valid, yet suggests acting as if it is, it could be for several reasons. One reason might be a precautionary approach to ensure you are prepared for any outcome, especially if there has been a lack of... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My step-mother-in-law lives in my father's house, but I am the beneficiary of the house. Who is responsible for repairs

Step-mother had a pre-nup with my Dad that stated if he passed away, she could live in his house for the rest of her life if she paid for the property taxes, insurance and "maintenance". Out of his estate we also had to buy an annuity for her guaranteeing her $5K per month for life. (they... View More

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answered on Feb 20, 2024

Under California law, the terms of the prenuptial agreement between your step-mother and your father will largely dictate the responsibilities each party has regarding the house. Given that the agreement specifies she is responsible for "maintenance," this typically would include repairs... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Tenancy expired ,June 30, 2023-Tenant Protection Ordinance-#0-21647 was Enacted on June 24, 2023-does #0-21647 cover me.

On January 1, 2020 AB 1482 (California Tenant Protection Act), was adopted.This Tenant Protective Bill introduced "Just Cause" as the Denominator for Evictions.At Fault-Just Cause and No Fault-Just Cause.One of the provisions within AB 1482 is that The "Act" applied to every... View More

James L. Arrasmith
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answered on Feb 20, 2024

Tenant Protection Act of 2019 (AB 1482) provides statewide rent control and eviction protections for tenants in jurisdictions that did not have existing just cause eviction ordinances. San Diego's Tenants Right to Know Ordinance, while predating AB 1482, offered similar protections under the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a lawyer assist in getting a mobile home park/management company to purchase a home from a tenant?

If many issues have been presented to the park management for their lack of assistance with an awful neighbor, can a lawyer assist in getting the home purchased from the park, to free the tenant?

James L. Arrasmith
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answered on Feb 20, 2024

In California, a lawyer can indeed assist in negotiating with a mobile home park or management company to explore the possibility of purchasing a home from a tenant. This scenario could arise when ongoing issues with neighbors and the park's management have significantly affected your quality... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a lawyer assist in getting a mobile home park/management company to enforce the park’s rules to an awful tenant?

A tenant of theirs has been and continues to be in serious violation of many of the park’s rules and gets away with it all because he is a frightening and violent individual. Would a lawyer be able to get the rules enforced so he would have to abide or else would finally be evicted as he should... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, a lawyer can indeed assist residents or a homeowner's association in dealing with difficult tenants in a mobile home park. Legal counsel can review the park's rules and regulations, lease agreements, and relevant state laws to determine the best course of action. This might... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: If the Court continues a Motion hearing is the Court required to notify both the Plaintiff Defendant of the new date?

San Diego Superior Court ordered that an Ex-Parte Motion hearing be continued-this continuance was ordered by the Court and not as a result of a request from the Plaintiff or Defendant.Does the Court have to notify both the Plaintiff and the Defendant of the New Court Date Via Mail.Ordinarilly, the... View More

James L. Arrasmith
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answered on Feb 20, 2024

Under California law, when a court decides to continue a motion hearing, it typically takes responsibility for notifying both parties of the new date. This is especially true in situations where the continuance is ordered by the court without a request from either party. The rationale behind this... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can the landlord or house manager search through your belongings without your permission in a self pay sober living home
James L. Arrasmith
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answered on Feb 20, 2024

No, in a self pay sober living home in California, a landlord or house manager cannot legally search through a tenant's belongings without their permission.

California tenants have a reasonable expectation of privacy and protection against unreasonable searches of their rental unit and...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can the landlord or house manager search through your belongings without your permission in a self pay sober living home

I was previously evicted of a sober living home because they found alcohol in my property. But they searched through my belongings without my permission and it's a self pay program.

James L. Arrasmith
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answered on Feb 20, 2024

According to California law, in a self pay sober living home, the landlord or house manager generally cannot search through a tenant's personal belongings without their permission, even if the reason is to look for prohibited items like alcohol.

Some key things to note:

-...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can i sue my landlord and still live in the apartment

To my landlord because I've been living with roaches insects rats all kinds of things

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you may have the option to file a lawsuit against your landlord while still residing in the apartment. However, whether you can continue living there during the legal proceedings depends on the severity of the conditions and your specific circumstances. If the conditions pose... View More

3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.

Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.

Leon Bayer
Leon Bayer
answered on Feb 18, 2024

It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord win eviction case, tenant filed bankruptcy and now appealed the decision. So Is iit like starting over ?

Appeal was granted. Now there’s another date for eviction trial. After first decision we were unable to get writ of possession?

James L. Arrasmith
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answered on Feb 21, 2024

When a tenant files for bankruptcy after a landlord wins an eviction case, the situation becomes more complex. Bankruptcy can temporarily halt the eviction process due to the automatic stay that comes into effect, preventing creditors (including landlords) from continuing collection actions without... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: termination of tenancy

Landlord issued a termination of tenancy for no fault reason I live in Rosemead CA which is incorporated with LA County what ordinance apply RSO,JSO,AB 1482.Its a duplex,owner never lived here and was build in 1950.

James L. Arrasmith
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answered on Feb 21, 2024

Based on the information provided, it seems that the City of Rosemead would follow the Los Angeles County Rent Stabilization Ordinance (RSO). Here is an analysis:

- Rosemead is located in Los Angeles County and does not have its own rent control laws. Therefore, it would default to the LA...
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1 Answer | Asked in Landlord - Tenant, Contracts, Real Estate Law and Civil Rights for California on
Q: If I rented a condo w/ a washer & dryer and am disabled, do the owners have to replace when it is completely broken?

I have already sent the property management company and owners a request for reasonable accommodations letter to replace the dryer & fix a door jamb that has caused me to get locked into the the condo several times. They ignored my letter and immediately retaliated by sending me a demand for an... View More

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answered on Feb 21, 2024

Based on the additional details provided, you have a strong case that the landlords have a legal obligation to replace the broken dryer as a reasonable accommodation under fair housing laws, given your disability. Several key points:

• Landlords have a duty to make reasonable...
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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for California on
Q: Question about suitability of causes of action & statutes of limitations in a California landlord/tenant dispute

I live in Laguna Niguel, CA. and have rented a condo here since 2018, first from the owners directly then later through a property management company. I never had the chance to perform an initial walk through because the proerty owners ended up flaking and leaving the key in a lockbox. The repairs... View More

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answered on Feb 21, 2024

Based on the facts provided, you have a strong case to demand that the landlord replaces the broken dryer. A few key points:

• As a month-to-month tenant, the original lease terms should still govern including the clause that states the landlord is responsible for appliance repairs except...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I'm currently in a hotel right now my wife's in the hospital she had a stroke I can't pay the rent I'm trying to stay as

I'm trying to stay as long as I can until I can get on my feet I don't want to go on the street I'm no good to my wife that way so I need help

James L. Arrasmith
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answered on Feb 21, 2024

In California, there are resources available to assist individuals facing financial hardship and housing insecurity, especially in situations like yours where your wife's health is a concern. Reach out to local organizations, non-profits, or government agencies that provide emergency housing... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Hello. Our landlord just gave us a 60 day notice to evacuate saying we broke a lease rule. Need help as this is false.

The rule states that the resident should refrain from any alterations or improvements to the unit without the consent of the owner. This is regards to us turning on the electricity breakers that were turned off without informing us while some repairs were being done. Landlord is now claiming that a... View More

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answered on Feb 21, 2024

In California, landlords must follow specific procedures when they believe a tenant has violated a lease agreement, including providing proper notice and an opportunity for the tenant to remedy the violation, if applicable. Turning on electricity breakers under the circumstances you've... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord have no idea who lives on the property even after attempting to reach out to tenants- what are my rights?

I've purchased a 3 unit single family property in Oakland, CA in 2021. My friend lived in one unit but I have no idea who lives in other 2. When I bought the property all units were occupied. I never received any previous lease agreements.

My friend was depositing certain amount of... View More

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answered on Feb 21, 2024

As a property owner in Oakland, CA, understanding your rights and next steps is crucial in this situation. Initially, it's important to establish direct communication with the occupants of your property. Given that your attempts through certified mail have not been successful and the previous... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord did not return my security deposit. They took over 90 days to overnight me a check. I gotit and it was only

My landlord did not return my security deposit.

They took over 90 days to overnight me a check. I gotit and it was only for $63. When I'm entitled to full amount after 21 days. I received the itemized list Dec 7th with the check. Up until now had no clue where or why my money was being... View More

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answered on Feb 21, 2024

Under California law, landlords are required to return a tenant's security deposit within 21 days of the tenant vacating the rental unit. If the landlord fails to do so, they may be liable for penalties, including the full return of the security deposit. In your case, the landlord exceeded the... View More

1 Answer | Asked in Landlord - Tenant and Municipal Law for California on
Q: Do landlord tenant laws apply or does municipal code apply to tenants of 4 years if landlord/city gives 1 week notice?

We have stayed on commercial property in RV for past 4 years with owner permission, but now city is only giving us 1 week to move out because they are enforcing municipal code regarding living in RV in city limits. Our agreement with the owner of the property has been we get to stay here in... View More

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answered on Feb 21, 2024

In California, the legal protections available to tenants, including those living in non-traditional dwellings like RVs, can be complex and vary based on the specifics of each situation. While landlord-tenant laws typically govern residential leases, living in an RV on commercial property with the... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I rented a slip for 16 months. Can the owner move my houseboat so he could lien it for 1 month of back rent.

I became homeless from one day to the next. All of my belongings in it & lost my job.

First, He called a tow company to tow my truck without any notices (he stated that it was an eye sore, that it had three wheels, all wheels were on it).

One day before he moved my houseboat I... View More

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answered on Feb 21, 2024

In California, the owner of a marina or slip has certain legal rights and procedures to follow when dealing with back rent and liens on vessels like houseboats. However, these actions, including moving your houseboat to place a lien for unpaid rent, require following specific legal procedures,... View More

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