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California Landlord - Tenant Questions & Answers
0 Answers | Asked in Tax Law and Landlord - Tenant for California on
Q: If a steam cleaning carpet company can’t clean a carpet damage from bleach spots can a landlord charge a tenant?

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Properties less than 15 yrs old exempt from just cause California notice of non renewal
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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

1 Answer | Asked in Landlord - Tenant for California on
Q: Rented a condo from VRBO, after a few days I noticed their was at least 2 cameras on the premise do I have a case?

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-

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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

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Can I file a lawsuit against my previous landlord for wrongfully evicting me?

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

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord deny monetary moving assistance after I asked for more time to sign a letter they gave me?

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

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: CCP that is Applicable to 3 Day Notice To Perform or Quit-does CCP detail what must be stated in 3 Day Notice To P-or-Q?

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

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: Our apartment complex been without hot water for 2 weeks cuz the boiler is down and gave us 30day rent increase

They never even gave us notice that the hot water was going to be shut off

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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

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Elder Law for California on
Q: Can a tenant be asked to move after a property sale because owners moved to assisted living?

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

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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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Does the Ellis Act restrict me from renting out a room in my primary residence?

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

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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

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: Does the defendant of a small claims appeal need to serve plaintiff with exhibits to justify claim amounts?

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

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a CCP-Statute that says in UD Cases the Cause of Action(s) in the Notice To Vacate-Complaint must be same?

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

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: Plaintiff-Landlord-Attorney admits that he does not have a copy of the Rental Agreement-how can these claims be made?

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

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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

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: I may rent a house from owner in California who has legal trouble due to previous tenant. How would this effect me?

Would I be impacted in anyway if I rent the same house?

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: If the apt I rent is sold,can the new landlord change the price of rent from the original agreement?

New landlords raised the rent,and have continually raised it every year

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: I need to know about the legality of non-payment in an air bnb house.

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

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: If the apt I rent is sold,can the new owners kick me out for not putting the water bill in my name?

My original rental agreement states the landlord pays water

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: Plaintiffs Complaint states that My Tenancy is based on The Tenant Protection Act-2019(AB-1482).Complaint Null and Void?

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

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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

1 Answer | Asked in Landlord - Tenant for California on
Q: If my Landlord withheld important information concerning the conditions of the apartment I am renting am I able to sue

The information relates to health issues and endangerment of my well being

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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

1 Answer | Asked in Landlord - Tenant and Patents (Intellectual Property) for California on
Q: When would a Landlord or Tenant utilize CCC 1946.Is CCC 1946 used when a Tenant does not have a fixed term Tenancy?
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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

1 Answer | Asked in Landlord - Tenant for California on
Q: Was CCC 1946 Amended or does it still exist? I thought CCC 1946.2 replaced 1946 in 2022.Why did 1946.2 end on 4/1/2024?
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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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