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California Landlord - Tenant Questions & Answers
3 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: my 8 year old daughter was hit by a car in our gated commuity , can there we a lawsuit on the manger of the complex

at 7:24pm my daughter was on her way home from two doors down and a car came from behind her and hit her till she fell on the floor and then ran her leg over and did not stop . The manger is not helpful and makes us sign a paper saying no one is allowed to have vistors unless the fill out a... Read more »

William John Light
William John Light answered on Sep 12, 2019

You can sue the manager of the apartment complex and the owner if it knew or had reason to know of a danger to residents from some condition on the property that made it dangerous for pedestrians. If there was a history of other pedestrians being hit by vehicles that would be useful.... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: We need a commercial Eviction attorney. We have a 3 yr lease which Lyons is trying to break. Plz let me know how to find

Our contract specifically stated we will settle through arbitration out of court. They told me through email if I don't turn in keys by yesterday, they will start proceedings today. My colleague walked into the office to pay them 2 months rent but they would not accept. We had paid whittle a month... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 10, 2019

Go to the Sacramento County Bar Association's Lawyer Referral service and request a referral to a lawyer or law firm which can fight this battle for you. It seems like the landlord is trying to breach the lease because of the increased cost of the utilities. You may have a good case and should... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I appealing an eviction when the landlord retaliated against me

Motel 6 kicked me and my family out after my kids got impetigo that the doctor said could come from the swimming pool area. the judge that we had for our initial trial was an attorney taking the place of a judge civil code 1940 2. 5 with violated also 827 section beat was violated within this... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 3, 2019

Much more info needed. This is probably more in the area of Real Estate law with Retaliatory eviction... which we don’t handle.

If a lawyer rep’d you at trial, that person would be in best position to provide advice.

2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Bad cut from cabinet nob

I have lived here 2 years went to open kitchen cabinet and nob broke and sliced my pointer finger and my thumb to led to me at er were i had to get xrays to see if bone was ok because it was filleted so bad then i ended up with 14 stitches all together with numbness now in my 2 fingers and down... Read more »

William John Light
William John Light answered on Aug 28, 2019

Your landlord can be liable if it knew or had reason to know of a dangerous condition of the property. If the knob broke without warning, your landlord isn't liable.

The manufacturer and seller of the knob can be liable, but that will probably be very difficult to determine, unless there...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Okay so I have lived here for over two years now

When we first moved in the cabinet Knob Broke off and cut my boyfriend's fingers and it wasn't too bad so we never really paid too much attention to it well recently I had opened the cabinet and it has sliced my fingers two of them all the way to the Bone I have 14 stitches in my hand which is... Read more »

William John Light
William John Light answered on Aug 27, 2019

If you have been using a cabinet for two years with a broken knob that just recently caused an injury, the fault is entirely yours.

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on
Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price
Richard Samuel Price answered on Aug 22, 2019

In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.

3 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for California on
Q: Thank you for the answer to my question, but what would an intentional tort be?

If tort is a civil wrong, what is an intentional tort?

Omid Rejali
Omid Rejali answered on Aug 16, 2019

Torts are categorized by different mental states. Primarily they are either intentional, such as an assault or a battery, or they can be premised on negligence (a reasonable person standard).

An intentional tort as opposed to a tort that is based on negligence is a tort that requires a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Good evening, I was wondering if you could explain a bit about small claim court.

There's a roommate I had that refused to pay the last bill of a utility, well his portion anyway. Long story short, its not a big amount but he turned out to be really rude to alot of people so I wanted to know if i could sue him in small claim court so he doesn't get away with not paying just... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Aug 16, 2019

Yes. There is no lower limit amount you can sue for in small claims court. Before you can sue, you must make a demand for payment to the person. If you do not know how to use the court, see if your county has a free small claims adviser. You can consult with, but not be represented by, a lawyer... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: does my dad have any rights he's been living in a place over 20 years he's always replaced everything because landlord

Says if i have to replace IT I'm raising the rent...so 20+ yrs. No new carpet dads bought all the major appliances several times first major prob leak pipe 'll fixes n then evic notice taped to door 60 days get out dads handicapped and has 20 yrs of stuf to pack n move where???????

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

If a tenant has lived at a place for more than a year, the landlord must provide them with a 60 day notice. The landlord, owner, is able to recover possession for his property so long as the landlord does not violate laws. The basic idea is that a person can get back what rightfully belongs to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: we have been without a/c and stove since June. prop mngmt notified, still an issue. do i have a case?

Moved in with a 1 year lease agreement. #1 A/C tech's have been out 6 times, with issues of wasps, and other issues beyond my control, still not fixed. supposed to be here again tomorrow., this issue has been ongoing for 9 weeks. #2 stove was removed on june 14th, had no cooking source for 5... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

Make sure that your requests for repairs is in writing. You may also consider filing a complaint with the City Code Enforcement Unit. Once a complaint has been filed with Code Enforcement, a code enforcement officer should be in touch with you to take your complaint. From that point and... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Im having a landlord and tenant issue ongoing for 8+ years. They attack my family and I for simply following the rules.

There has been constant owner change but this current one I call him corrupt, the reason is because my family and I follow the rules on paper he has sent us but when other tenants disobey them and end up hurting us like littering, peeing, pooping, threaten us, discriminate us, vandalize, park in... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

Based on the facts that you described, you may want to file for a civil restraining order.

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a California tenant and my question is how a landlord can take you to court and win when you were never notified.

I moved out 15 days prior to the ending of the 1 year contract which they said they would except if I gave ample notice, which I did, and they had a forwarding address and my current employer. I was never notified until their lawyer filed to garnish my wages from my employer 2 years after I moved... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

It sounds like the landlord was able to get a judgment against you and that is why your landlord is garnishing your wages. If you have no idea what type of lawsuit your landlord filed or what the issue is because you were never served the documents, you may file paperwork to set aside the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I need advice on eviction caee

I was supposed late 4 times on rent this year. In july the park manager supposedly put a 3day 60 day notice to pay or quit on my door. When i returned home no such notice was there. Supposed they sent a certified letter....i never signed for any letter. I paid the rent in july....was $5... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

Unfortunately, if you are late on your rent, the landlord properly served you with 3-day notice to pay rent or quit and you did not pay during the specified time period on the notice, the landlord does not have to accept your rent. If the landlord does not accept your rent, your landlord can... Read more »

2 Answers | Asked in Landlord - Tenant, Probate and Estate Planning for California on
Q: Uncle is evicting me from my fathers house , I am disabled and served unlawful detainer

Ive lived in fathers house for 9 years with his assistance. He passed, but he was cohersed by my uncle into doing his trust over, since I was suppose to have passed by now. My fathers wishes were for me to take everything he has, but wanted my uncle to get 100k and handguns. Now Ive been served a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 12, 2019

You have a very difficult situation and you should not delay finding an attorney. You might need more than one.

You need a trust litigator to to review your dad's trust and to help you challenge it, if you think that the amendment was obtained under duress or undue influence.

You...
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1 Answer | Asked in Employment Law and Landlord - Tenant for California on
Q: I worked for her uncle and never got paid.

no notice just the unlawful detainer.

Neil Pedersen
Neil Pedersen answered on Aug 2, 2019

If you worked and were not paid, you are entitled to at least the minimum wage for all hours that you worked. It may well be that there are other Labor Code violations that occurred as well. Your best next move is to locate and consult with an experienced employment law attorney as soon as... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: home owner keeping water off, "gain control of the property" now we been told by code will be boarded. What do we do?

It is only a few days away...also, he comes around property breaking in, following us around town has removed our belongings from home, sends and brings other people to home. Controls water access to the point of us now being boarded up he. Literally much more. Can anyone please help?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 1, 2019

Your Landlord is not letting you have your peaceful and quiet enjoyment of your property. Call a lawyer for further help. Best of luck!!!

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Failure from tenant to disclise hep b. Put my life in danger

I was given cdiffby given too many antibiotics cdiff is when your probiotics are completely wiped out my imune system can not fght this virus if i contact it it is almost most likely a death sentence this guy spitsall over out side. He pees on floor never washes handsabd yesterday he wiped I walk... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 1, 2019

more info needed.

how does he get in your apt/home? i assume his entry would be illegal and you should report him to police.

you can sue in small claims for up to $10k if you can provide proof of a connection between what you are asking for and your damages.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How can I get guests out of my home that I own that refuse to leave?

This property where I live was gifted to me by a woman with whom I lived here with for many years. The deed was put in my name by her in 2007. She passed away in 2010. A little less than two years ago her daughter and son-inlaw showed up here from out of state. They have been trying to stake a... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 29, 2019

Talk to a landlord tenant attorney about an eviction action.

1 Answer | Asked in Landlord - Tenant for California on
Q: Do I have to return a portion of the last month deposit if the tenant moves out mid-month?

My subtenant gave her 30 day notice on July 15, 2019 for her month to month Sublease and plans to move out by August 14, 2019. Since she paid last month deposit, am I obligated to refund her a portion of the last month deposit since she is moving out mid-month?

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 26, 2019

Yes. Tenants can give 30 days notice at any time, assuming the lease/rental agreement does not provide otherwise.

1 Answer | Asked in Criminal Law, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Lived on ranch, owner of ranch destroyed everything I owned on purpose....

I lived on a ranch in a trailer that i did not own in exchange for taking care of the cows and other ranch duties, and earned money as an electrician off ranch. One day after work I got home and the trailer I was living in, and everything I owned in a pile of rubble. The ranch owner decided to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2019

you should have called the police when it happened to have him arrested, prosecuted and requesting restitution be a part of the sentence.

you can still try to do so...but with the lapse of time they may give you a hard time.

contact a civil lawyer in your area.

sue in small...
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