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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can I break lease if I report multiple issues to landlord such as roaches, rats, window issues, and mold?

Window is missing one layer of the double pane windows now there is mold building up around windows and I have an 8 year child that it can affect. Since I moved in January there are roaches and I I reported it to management but no resolution. I've bought multiple products but none work. Now I... View More

James L. Arrasmith
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answered on Apr 14, 2024

In California, tenants have the right to habitable living conditions, which includes a pest-free and mold-free environment, as well as properly maintained windows. If your landlord fails to address these issues in a timely manner after being notified, you may have grounds to break your lease.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord falsely accused me of refusing three pest control treatments and says I owe $1300.
James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about your situation with your landlord. Under California law, there are certain protections for tenants when it comes to pest control and false accusations. Here's some information that may be helpful:

1. Landlord's responsibility: In California, landlords...
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1 Answer | Asked in Elder Law and Landlord - Tenant for California on
Q: I have lived 22yrs in my home. My original landlord died in Feb2023. He owned many homes including (2) others on the sam

Plot with me. His heirs have listed our homes for sale. Many unknown people are videotaping all around our homes. I’m totally disabled and am frightened by these strangers constantly being around. What rights do I have ? Thank you

James L. Arrasmith
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answered on Apr 13, 2024

As a long-term tenant in California, you have certain rights that protect you even when the property ownership changes hands. Here are a few key points to consider:

1. Just Cause Eviction: Under the California Tenant Protection Act (AB 1482), if you have lived in the property for more than...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Riverside county CA - is a landlord required to make repairs during the 60 day notice to vacate?

Landlord served no cause notice to vacate. Tenant is being difficult and now sending laundry list of things "wrong" with the home after notice was served. Rental agreement states tenant is responsible for minor repairs and upkeep of the unit.

James L. Arrasmith
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answered on Apr 13, 2024

In Riverside County, California, a landlord is generally obligated to maintain the rental unit in a habitable condition, even during a 60-day notice period. However, the extent of the repairs required depends on the nature of the issues and the terms of the rental agreement.

Here are a few...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I have a tenant in the Bay Area Ca that was given a 60 day notice to term the month to month home lease.

Since giving tenant notice, they have not paid months rent & gave me less than 30 day notice of them terminating the agreement. Can I serve them with 3day notice to pay or quit?

James L. Arrasmith
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answered on Apr 12, 2024

In the Bay Area, California, if a tenant is on a month-to-month lease and has been given a 60-day notice to terminate the tenancy, the tenant is still obligated to pay rent during those 60 days. If the tenant fails to pay rent during this period, you can serve them with a 3-day notice to pay or... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What can I do to get my property manager to stop harassing me about proof of payment?

My property manager has been harassing me for months about proof of payment for waste fees from 2 years ago. I paid these on time and have provided bank statements as proof but he is not accepting them because he wants signed copies of the checks. I've spoken to multiple bank representatives... View More

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, you have several options to address the situation with your property manager:

1. Send a formal written notice: Write a formal letter to your property manager, clearly stating that you have provided sufficient proof of payment through your bank statements. Explain that...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I cannot pay my rent this month how long can I stay in my apartment
James L. Arrasmith
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answered on Apr 11, 2024

I understand you're in a difficult situation. Here is some information, but please note that it's a summary only and you should consult legal aid or a tenants rights organization for guidance on your specific situation.

In California, if you don't pay your rent on time, your...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I sign a lease and paid the move in fee and the landlord is not answering the phone. Can I call the police

It was 2 properties. He said it was getting fixed.but the house that was mine is not touched. I found out the other house that's getting fixed is 2 streets over. I have his address and videos and pictures of him trying to prove that the house is getting fixed.i have him talking about the house... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the details you've provided, it sounds like you may be the victim of a rental scam or fraud. If the landlord has taken your money and is not providing the rental property as agreed upon in the lease, and is now avoiding your attempts to contact them, this is a serious issue.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is it illegal to write on a wall in a house with permanent marker? I live with my ex and do not have a lease agreement

Can I get evicted?

James L. Arrasmith
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answered on Apr 11, 2024

In California, writing on the walls of a house with a permanent marker could potentially be considered damage to the property, even if you live there. The legal implications depend on your specific living situation and any agreements you have with the property owner or your ex-partner.

If...
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3 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If someone sells the property out of garage that I am renting for storage, without notifying me, what lawyer do I need?

It was a verbal agreement, although there are texts to prove it. I had the payments on auto-pay through zelle. It's a fairly small amount monthly.

He told me he sold what I had in there(which was absolutely priceless to me and worth over 50 grand to someone who wouldn't have... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 10, 2024

Any civil litigation attorney should be able to handle a lawsuit asserting a cause of action for conversion of your personal property and breach of oral contract (provided the breach occurred less than 2 years ago). The text messages, so long as they confirm the material details of the agreement,... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: I need help negotiating terms for an apartment

I signed a lease and the apartment they promised was not available so they are trying to offer me something else but at a higher price and in my opinion not that good of quality.

James L. Arrasmith
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answered on Apr 10, 2024

When negotiating terms for an apartment, especially when the originally promised unit is not available, here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses that address what happens when the promised apartment is not available. This may give you...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: What right does someone have who receives mail at apt. but is not on the lease

Ex is not on the lease, lives in apartment, wont leave, gets mail here but hasn't paid rent for the month. We do not have a written contract.

James L. Arrasmith
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answered on Apr 9, 2024

In California, a person who receives mail at an apartment but is not on the lease is considered an "unauthorized occupant" or "squatter." However, they may still have certain rights under California law, depending on the circumstances.

1. Establishing tenancy: If the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is it possible to build a case against my landlord for wrongful eviction without proof on their end?
James L. Arrasmith
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answered on Apr 9, 2024

In California, landlords must follow specific rules and procedures when evicting a tenant. If a landlord fails to comply with these requirements, the tenant may have grounds for a wrongful eviction case. However, the burden of proof generally falls on the tenant to demonstrate that the eviction was... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can texts or emails count as written notice or be used in legal proceedings for issues between landlords and tenants?

My landlord notified me about a leak in my closet two months ago. Over the course of two months, the closet has been in various states of disrepair (including a period of time where mold was exposed). I should mention I live in a studio and heavily rely on my closet for storage. Since I can't... View More

James L. Arrasmith
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answered on Apr 9, 2024

In most cases, texts and emails are not considered proper legal notice for issues between landlords and tenants. While they can be used as evidence to demonstrate communication, they generally do not meet the legal requirements for official notice.

1 Answer | Asked in Civil Rights, Consumer Law, Identity Theft and Landlord - Tenant for California on
Q: what court forms are needed to file civil lawsuit for filing a illegal eviction, negligence, Identity theft, harassment

Vehicle Vandalism/Auto Theft:

Due to the property managers inadequate security measures and camera mispositioning in the parking garage, Crystle Strong’s vehicle was vandalized and stolen. Police report available. Unlawful Detainer Eviction:

Despite receiving rent payments from... View More

James L. Arrasmith
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answered on Apr 8, 2024

To file a civil lawsuit in California for the issues you mentioned, you will need to fill out and file several court forms. The specific forms may vary depending on the county where you are filing the lawsuit and the specific claims you are making. However, here are some common forms you may need:... View More

3 Answers | Asked in Landlord - Tenant for California on
Q: Trying to exercise an option in a commercial lease that required a letter but my landlord told me not to send a letter.

After telling me not to send a letter my land lord terminated my lease and wants to offer me a much much worse lease. Is this fraud?

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answered on Apr 8, 2024

Based on the information provided, it's difficult to determine whether the landlord's actions constitute fraud under California law. However, the situation you described raises some potential legal concerns.

In California, commercial leases are governed by the terms of the lease...
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1 Answer | Asked in Landlord - Tenant for California on
Q: So I rented a RV from someone moved my stuff in come to find out it had not been registered for years & it was parked on

the street for 2 days police bang on door at 7:00 am & said you have 10 minutes to get your stuff out towtruck will be here I lost my brief case with legal documents in my passport iPad,work files my uncles ashes & the guy I was renting from just blew it off and I tried going to police... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm sorry to hear about your difficult situation. Based on the details you provided, there are a few potential legal issues at play. Please note that this information is general in nature and not a substitute for professional legal advice. I would strongly recommend consulting with a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Tenant has been gone and left belongings and a dog..

So my ex roommate who was a tenant at will.. meaning ( lived in for free for about five months in California) receives no mail here and was never on the lease... Moved out.. the agreement was only verbal there was no paperwork but there is text messages stating the proof. so she said she was... View More

James L. Arrasmith
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answered on Apr 6, 2024

In California, the law provides a process for dealing with a former tenant's abandoned personal property. Here are the steps you should take:

1. Send a written notice to the former tenant's last known address, informing them that they left personal property behind and should...
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1 Answer | Asked in Landlord - Tenant for California on
Q: In a tax credit based housing program in northernCA what are my rights regarding the apartment use of A/V surveillance

Management uses audio and video surveillance keep track of Tim's coming and going and also that is everything I noticed I received said an an unauthorized visitor was seen entering my unit and later exiting unescorted by me. This is not an eyewitness viewing by staff. This is the property... View More

James L. Arrasmith
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answered on Apr 6, 2024

In California, tenants have certain rights to privacy, and the use of audio and video surveillance by landlords is subject to legal restrictions. Here are some key points:

1. Video surveillance in common areas: Landlords can generally install video cameras in common areas for security...
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