My tenants claim the carpet damage is normal wear and tear. I’m withholding applicable amount of carpet replacement quote from security deposit. A professional carpet cleaning company said the carpet can not be steam cleaned and is damaged to what appears to be bleach sprayed in numerous areas.... View More
answered on Mar 28, 2024
Under California law, there's an important consideration when discussing the notice of non-renewal for rental properties, especially in the context of "just cause" eviction standards. Properties that are less than 15 years old are generally exempt from the "just cause"... View More
Called VRBO and host- host lied and then admitted they head a camera and have now took it down but it was up the entire time we were there- VRBO has done nothing to help me-
answered on Mar 28, 2024
Under California law, the use of cameras in rental properties where guests expect privacy, such as bedrooms or bathrooms, is strictly prohibited without clear and conspicuous notice. If the cameras you discovered were placed in areas where you had a reasonable expectation of privacy, you may have... View More
I was evicted from my home for the "just cause" reason of the landlord wanting to sell the property. However, the landlord never put the property up for sale and is now being advertised for rent again online. Isn't there something I'm able to do? It was also done while the... View More
answered on Mar 28, 2024
Under California law, if you believe you were wrongfully evicted under the guise of "just cause" for selling the property, but then discover the property is being advertised for rent again, you may have grounds to take legal action. The California Tenant Protection Act of 2019 provides... View More
About 2 months ago my property manager told us that the landlord was giving $2,000 to any tenants that wanted to move out. At the time we had thought about moving but it’s hard when you can’t find something affordable here in Los Angeles. Long story short, around March 20-21 we saw an apartment... View More
answered on Mar 26, 2024
In California, landlords may offer incentives, such as monetary moving assistance, to encourage tenants to vacate their units voluntarily. If you were offered $2,000 to move out and you made decisions based on this promise, the landlord's offer could be seen as a binding agreement, especially... View More
I was wondering what Code of Civil Procedure is applicable to a 3 Day Notice To Perform or Quit.There are a few different 3 Day Notices, and I was wondering what specifically must be included in a 3 Day Notice To Perform Or Quit? Thank You
answered on Mar 26, 2024
Under California law, the Code of Civil Procedure relevant to a 3 Day Notice to Perform or Quit is primarily found in Section 1161. This statute outlines the legal requirements for eviction notices, including those based on a tenant's failure to comply with the terms of the lease or rental... View More
They never even gave us notice that the hot water was going to be shut off
answered on Mar 26, 2024
Under California law, landlords are required to provide essential services such as hot water, and they must keep rental properties in habitable condition. If the hot water has been out for two weeks due to a boiler issue, this could be considered a violation of these requirements. Landlords... View More
There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More
answered on Mar 26, 2024
In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More
I am buying a unit in a tenancy-in-common that was converted from a rental property under the Ellis Act. I will live in the home and it will be my primary residence. I would like to get a roommate to share living expenses and would charge them rent for my spare bedroom. I know that the Ellis Act... View More
answered on Mar 25, 2024
The Ellis Act provides landlords with the right to exit the rental market by removing all units from rental use. This legislation primarily addresses situations where landlords wish to stop leasing their properties altogether and not when a homeowner wants to rent out part of their primary... View More
I sued X-landlord for return of my security deposit; he countersued and won. I have appealed decision. The first time, I was blind sided because he had exhibits which I was unaware of because they were never served on me. Is he required to re-serve me his claim, including exhibits before this... View More
answered on Mar 25, 2024
Under California law, when an appeal is made in a small claims case, both parties are generally required to follow the rules of evidence and procedure applicable to small claims court. This includes the requirement for each party to provide the other with copies of all documents and evidence they... View More
In an Unlawful Detainer Case, would you agree that the FIRST Cornerstone part of the Case is that the Complaint has a valid Cause of Action?If a Plaintiff, in an Unlawful Detainer Case has stated only One Cause of Action in the Complaint, and the Defendant has successfully argued that the Cause of... View More
answered on Mar 25, 2024
Under California law, the cornerstone of an Unlawful Detainer (UD) case is indeed the complaint, which must articulate a valid cause of action. If a plaintiff in a UD case states only one cause of action in the complaint and the defendant successfully argues that this cause of action is invalid, it... View More
In the Plaintiff's Complaint on page 2- question 6(f)(1)-The Plaintiff-Attorney states that the Landlord-Employees-Agents DO NOT have in their possession a Copy of the Lease-Rental Agreement.However, the Plaintiff-Attorney has stated in the Complaint on page 2- question... View More
answered on Mar 25, 2024
In responding to the false allegations in your writ of mandate or prohibition, you should directly refute the claims made by the plaintiff-landlord-attorney. If the plaintiff has admitted to not possessing a copy of the lease or rental agreement, highlight this in your response. Point out the lack... View More
Would I be impacted in anyway if I rent the same house?
answered on Mar 24, 2024
If you're considering renting a house in California where the owner is currently involved in legal troubles due to a previous tenant, it's important to understand how this might affect you. Generally, the owner's legal issues with a previous tenant shouldn't directly impact your... View More
New landlords raised the rent,and have continually raised it every year
answered on Mar 23, 2024
In California, when a new landlord takes over the property you are renting, they must honor the existing lease agreements until they expire. If you have a fixed-term lease, the new landlord cannot change the rent until the end of that term. However, if you are renting month-to-month, the landlord... View More
My business partner and I have been renting an air bnb house for 13 months (120 days first booking, then extended) with no problems. We are involved in a long-term global financial partnership that is awaiting conclusion and is finally being concluded now. The rent has been paid from my... View More
answered on Mar 22, 2024
In California, the distinction between a short-term guest and a tenant hinges on the length of stay and the agreement's terms. If you've been renting a property on Airbnb for over 30 days, especially continuously, you may be considered a tenant under state law, granting you rights similar... View More
My original rental agreement states the landlord pays water
answered on Mar 22, 2024
In California, when an apartment is sold, the new owners inherit the existing lease agreements. This means your rights and obligations under the original rental agreement continue under the new ownership. If your agreement explicitly states that the landlord is responsible for the water bill, then... View More
Is the Plaintiff's Complaint Null and Void, because the Premise he has relied on is False.The Plaintiffs entire argument is based on AB-1482.The City of San Diego has never adopted AB-1482, because of a Provision within AB-1482. City's- Municipalities that had Pre-existing Tenant-... View More
answered on Mar 22, 2024
In California law, the validity of a plaintiff's complaint does not solely depend on the applicability of a specific statute like AB-1482. If the plaintiff's premises are indeed based on a misunderstanding of the applicability of AB-1482 to your tenancy, this could be a significant point... View More
The information relates to health issues and endangerment of my well being
answered on Mar 22, 2024
Under California law, landlords have a duty to disclose certain conditions that could affect your health and safety. If your landlord knowingly withheld information about conditions that pose a risk to your well-being, you might have grounds to take legal action. This could include issues like... View More
answered on Mar 22, 2024
Under California law, Civil Code Section 1946 (CCC 1946) is commonly used by either landlords or tenants when they wish to terminate a month-to-month tenancy. This is applicable when there is no fixed-term lease agreement, meaning the tenancy continues on a month-to-month basis. Either party can... View More
answered on Mar 22, 2024
California Civil Code Section 1946 concerns the termination of a tenancy where the term is not specified by the parties. It essentially states that a tenancy is considered renewed according to Section 1945's terms, unless a party provides a written notice of intention to terminate the... View More
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