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, Civil Litigation and Personal Injury for California on
Q: Verbal lease eviction for apartment caretaker in CA, refusal to vacate, property threats.

I left someone in charge of my apartment for 13 months under a verbal agreement that she wouldn't pay rent but would collect rent from my occupants, deposit it into my bank, and I'd handle rent payments online. I informed her on January 4, 2025, that I was returning in February and that... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: What can a tenant do in California about repair issues and eviction threats when they're not on the lease?

I moved in with my four children and partner to help my parents with rent after my brother enlisted in the US Army. The house requires significant repairs, including a septic tank issue that's been ongoing for over five months, causing water to enter the bathroom during rain. Despite notifying... View More

0 Answers | Asked in Landlord - Tenant and Civil Litigation for California on
Q: Can my request for a jury trial in an eviction case be overridden in California?

I am involved in an eviction case in California and have filed a request for a jury trial. I am concerned that my request could be overridden by the judge or the landlord. Can the court or landlord legally prevent me from having a jury trial even after I've filed the request?

0 Answers | Asked in Landlord - Tenant and Civil Litigation for California on
Q: Unlawful detainer hearing with missing proof of service. How to address it?

I am preparing for my unlawful detainer hearing via Court Zoom in four days but haven't received the summons. The court notified me of the trial date through a courtesy notice. Despite ongoing communication with my landlord over five years, the proof of service of summons is still missing.... View More

0 Answers | Asked in Landlord - Tenant and Gov & Administrative Law for California on
Q: Can I challenge a rent increase after subsidy loss during COVID?

I have been informed by attorneys at a Free Clinic that I cannot claim an illegal rent increase because my rent supposedly didn't change when I lost my government rent subsidy. While my lease agreement lacked specifics about the subsidy terms, the government subsidy indicated in writing that... View More

0 Answers | Asked in Landlord - Tenant, Public Benefits and Civil Rights for California on
Q: Elderly disabled tenant in CA faces eviction for back rent after Section 8 ends.

I am a single, elderly, and disabled tenant in California preparing for an eviction case due to back rent owed. My Section 8 subsidy was terminated during COVID, causing an increase in rent to a fair market value of $1,200, from the $300 I was initially paying. This amount constituted a significant... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Landlord trying to evict me instead of addressing mold issue in CA.

I have been dealing with a mold problem in my rental property since I moved in. The mold was initially hidden, and I was hospitalized 5-6 months ago for breathing problems, leading to the discovery of a lung disease. I've notified my landlord about the issue, but instead of addressing the... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 13, 2025

You may have a powerful case for wrongful eviction.

Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

0 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: to file a unlimited civil/counter claim on unlawful detainer that had resolution, owners harassed n broke court order.

in a unlawful detainer case, my response to their claim was filed on time by an attorney I hired. during that time i was harassed every day by the property owners. they tried to have my car towed, and towed my friends car. they turned off the power, water, gas, and locked me out from using the... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: My cmpny as the ownr and 28 other ownrs are being sued by a sectn 8 tenant for denying him housng.I've not bn serv'd yet

At the time I was negotiating with a prospective tenant and I miscommunicated my message to the section 8 tenant. My message said: "Sorry we do not accept section 8". I should have said, I am negotiating with another tenant and expecting an application. The plaintiff also sued two other... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 12, 2025

Your statement, "Sorry we do not accept section 8" is an apparent violation of the law. No one can become a millionaire by suing you for that violation, but you need to get off the Internet and hire defense counsel.

0 Answers | Asked in Landlord - Tenant for California on
Q: storage was sold after 2 months of none payment.but i was over charged 200 +they raised the rent months early every year

i asked for my rental agreement they sent me a copy of a rental agreement two months after my move in date.with intals that where not mine and i did not recognize i have proof of the over charge thru the payment ledger they provided in the past the facility had let my rent be late by as much as 5... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I need advice in regards to student housing in the city of pomona, ca. Hardship situation.

I was involved in a terrible car accident, a drunk driver hit me & my lyft passanger head on. I am a college student that works for lyft as a driver because of my school schedule. The accident left me with no car, reduced my weekly earnings it gave me a push back financially. I am now getting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2025

I'm so sorry to hear about your accident and the difficult situation you're facing. This must be incredibly stressful, dealing with injuries, loss of income, and housing issues all at once.

Given your circumstances, you have several options to protect your housing rights. First,...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Am I entitled to relocation cost? I am a tenant of 8 years in CA and the landlord gave me a termination of lease

I have lived here for 8 years, back house. The landlord said she will sell the house (main and back houses). She needs to remodel the back house before list a property. I was given 60 days notice. She did not give me anything else. In California, am I entitled to a relocation cost? How can I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

In California, tenants may be entitled to relocation assistance depending on the reason for eviction and local laws. Since you have lived in the rental for eight years, your tenancy likely falls under just cause eviction protections if you are in a rent-controlled area or if local ordinances apply.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: California. A tenant Signed a year lease and wanted to break it three days later.

. They want to turn keys in on March 1st. When does their remaining rent need to be refunded? They paid a year in advance

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2025

In California, landlords must make reasonable efforts to find new tenants when someone breaks their lease early. Once a new tenant is found and moves in, the original tenant is entitled to receive a prorated refund for the remaining months they won't be occupying the unit.

Since you...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: do I have to evict my ex-boyfriend who has lived with me over a year. Has never paid rent. We have no contract. Plz help

When our relationship ended August of last year. He had said he would pay me rent, at that time he moved into the extra bedroom that I had set up for his son. He has not made payments. we did not have any kind of contract(he “was” my BF so didnt think i needed one). I have asked him for 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 Feb 7, 2025

You're dealing with a challenging situation that requires careful legal steps since your ex-boyfriend has established tenancy rights by living there for over a year, despite not paying rent. Your first step should be serving him with a written 3-day pay or quit notice, documenting the amount... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there still a max 4-year limit for the amount of back rent in eviction court, or 1 year maximum

Just curious and not really related to my issues but in commercial real estate, I believe that landlords can't sue civilly for rent over 4 years. If true, it would seem that a private landlord would be asked by the court, What mitigation was attempted during 10 years of non-payment. PS, which... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2025

You should know that California law generally allows a four-year statute of limitations for pursuing unpaid rent under a written lease. In a civil breach of contract action, this period often applies to your claim for back rent.

When it comes to eviction proceedings, however, the process...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a tenant in richmond with a tenant who is violent and threatening and has no contract I need a attorney pro bono

He is here with no contract and won’t move out .I am a senior female. 3 other scared females .

I need an attorney to help me put together a proper eviction notice the tenant refuses to move. I already rented his room in January. His contract was up from the previous agency on February 1.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2025

I'm sorry you’re facing such a distressing situation, and I hope you stay safe. If you feel threatened, you should consider contacting law enforcement immediately. It sounds like you need guidance on drafting an eviction notice and securing free legal help.

In California, eviction...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I receive a 30 day eviction notice for non payment . The months listed I have rental receipts. Can I still be evicted
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2025

Based on the details you provided, having rental receipts for the months in question could support your case that you paid the rent due during that time. This evidence may help you dispute the claim of non-payment if the eviction notice is solely based on those months.

However, the...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My dead mother is being sued, I am the executor of her estate, do I sign the court response papers in my name or hers?

It is an eviction lawsuit because I am still in our home and it was sold at auction because there was a reverse mortgage, and the lender foreclosed. There is a tenant living here as well, who is not family.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2025

As the executor of your mother's estate, you should sign all legal documents in your own name, followed by your title as executor (e.g., "John Smith, as Executor of the Estate of Jane Smith, deceased"). This maintains proper legal standing while demonstrating your authority to act on... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there you can go over my rental agreement to make share it's far befor I sign
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2025

I recommend using the "Find a Lawyer" button on Justia.com and reaching out to an attorney.

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.