The first issue to be addressed is the landlord's allowing a person to reside in the unit without your permission. As tenants, you have the exclusive right to occupy the unit, whether your rental agreement is oral or written. So the landlord may not just bring someone to live with you without... View More

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answered on May 21, 2025

I’m sorry you’re dealing with this. As a beneficiary of a California trust, you have the right to receive a copy of the trust and to request information about how assets are being managed. If your sister is acting as trustee, she has a legal duty to act in the best interests of all... View More

Consult with a probate litigation attorney right away to protect your rights. Your sister, if she is trustee of your father's trust, has fiduciary duties and obligations under CA law, one of which is to provide all beneficiaries with a copy of the trust. Time is of the essence as the longer... View More

If there is absolutely no evidence, then you can not be evicted for violating your rental agreement. However, there is no requirement that the evidence includes a criminal conviction. If you contest the eviction in court, the landlord will have to prove that it is more likely than not that you... View More

I suggest you contact a tenant's rights lawyer as soon as possible to get help setting aside your eviction judgment on the grounds of fraud and/or mistake, based on the erroneous listing of your apartment. A good lawyer in that situation could leverage that case into a position where you could... View More

A change in circumstance is not a valid reason for rescission. If it can be show that there was unlawful duress, it is possible a lawsuit or motion could be successful. But the requirements are stringent as setting aside agreements are un-favored. The facts of the toxic mold case would be... View More

Lodging that is part of the employment bargain is treated differently than a normal lease situation. The right to stay in the lodging can be terminated immediately upon the termination of the employment. Sorry. The employer can oust you immediately. Good luck to you.

Your right to remain in the apartment ends when your employment is terminated. You are required to vacate the premises by the deadline provided by your employer. If you fail to move out by that date, the employer may initiate an unlawful detainer action against you. Best of luck.

Sincerely,... View More

Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More

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answered on Apr 1, 2025

On the assumption that you want to bind "all" tenants and individuals occupying the space, you will want all names and any "aliases" that they may be using. One of several "focus points" you will want as the landlord in the lease, along with any personal guarantees ...... View More

If a landlord wants to change a lease term, written notice is required in most cases. However, as you state, nothing is stated in the lease regarding such a charge. Since a landlord is not required to let a tenant in, there is nothing keeping them from charging for such a service. If you get locked... View More

Most attorneys in CA will take an injury case like this on a contingency fee basis, meaning you will only pay the attorney for their time after the case settles or a judgment is obtained in your favor after trial (if a lawsuit is filed). One of the key threshold questions, however, will be... View More

That's a definite maybe. It's unclear what you may recover once you prove your case and if you do not have an atty fee clause IN the written lease, it may be hard to even find someone to represent you. Depending on what your lease says in describing the tenancy and the space you have... View More

Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More

A policy is not a law, so violation of a policy is not illegal. However, it is illegal to record another person who has a reasonable expectation of privacy, like in their home. Whether that applies to a common garage is unknown, but since there is a policy that prohibits surveillance devices,... View More

Feels like a bait and switch. THAT said, regardless of any CAP, it's HIGHLY likely that they must give you 30 day notice prior to raising the rent. One way to get them is to take your biz elsewhere and get the initial teaser rate...

Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More

You appeared at the hearing. That is a general appearance, and absence of Proof of Service of the Summons is not in issue. If you think that picking at every minor detail is how attorneys present a case, or a defense, you are going to be very disappointed.

This topic came up under personal injury. Please note... this matter involves Landlord Tenant law. I would not try this yourself. If your tenant was cooperative then it would be fine, but you are going to have problems. Hire an unlawful detainer lawyer. I don't work in this area of law but I... View More

I am sorry for your loss.

Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.

If you are... View More