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California Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for California on
Q: If my rent was paid up until August and my apartment catches on fire. Am I supposed to get the I paid in advance back?

Early this month my apartment caught on when I wasn't there. Fire department said it was an accidental due to my negligence. The landlord terminated my lease. He said was gonna keep my deposit and make an insurance claim on the unit. I understand all that. My rent was paid until August. When I ask... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Feb 21, 2020

If the cause of the fire was your negligence, you may have serious problems. If you have renter's insurance, turn this over to them immediately. They will provide a legal defense for you, and if you have enough coverage, they will pay any amounts you end up owing. If you do not have insurance,... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: What are we able to do if our landlord disposed of our personal property while we were still living there?

They are also withholding a portion of our deposit for things they did to the property without our consent to enter the premises and without notice for us to fix them before our move out date.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 19, 2020

Take them to small claims court. Best of luck

1 Answer | Asked in Landlord - Tenant for California on
Q: how long does a landlord have to respond to a written security deposit dispute in California?

if a tenant calls us to state they don't agree with the charges, we instruct them to provide their disputes in writing to us. upon receipt of that written dispute - how long does the landlord have to respond?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 18, 2020

A landlord has a reasonable period of time to answer. One or two weeks max, would be appropriate. Best of luck.

3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with the previous... Read more »

Harlene Miller
Harlene Miller answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord? Are you... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sublet a part of my rental space without a landlords approval where I have no lease with the landlord?

Hey I am renting a room in a house without a lease is it possible to sublet a part of what I am renting without the landlords consent?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 15, 2020

Yes, it is possible. But it would be better if you got the landlord's approval. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord sue for property damage that was caused by wear and tear of home??
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 13, 2020

The landlord can always sue. However, the recovery will be based in his proof, such as documents showing the condition of the house when you first rented it. If there is any destruction to the property which is not caused by normal wear and tear and whether you had an opportunity to inspectthe... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: 2nd unlawful detainer served on 2 HIV patients reported mold in rental landlord refuses to repair, court Feb 13th

We have defend ourselves and the first UD was dismissed, we have reported them to Code enforcement and she hires a new property management company to continue discrimination and harassment tactics, 2 patients in home and she wants to evict, what criminal activity is present and what legal defense... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 12, 2020

are you sure you posted in the correct leaderboard............i am not on real estate list but am on DUI and Accidents.

you should probably listed what court you are assigned to so you can attract a lawyer who practices there.

sounds like a retaliatory eviction.........

1 Answer | Asked in Landlord - Tenant for California on
Q: What are california rental right ?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 6, 2020

When signing a rental lease, You have a right to a habitable house or apartment. Please see: Cal Civ Code sections 1941 and 1942., Or you can download the various tenants' protections from the attached website: http://www.manueljuarez.com/practice-areas.html

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Do I have a right to demand a letter that our building structure is safe, after a large piece of wood fell off?

The wood almost fell into my Daughter's bedroom window. They sent someone to fix the wood that fell, now something else is hanging off a few feet away. I requested that they get me a 3rd party letter stating that the structure is safe and they refused. Do I have any rights to demand that letter or... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 1, 2020

If you are afraid the building structure is not safe, you can call the City inspectors and they will let you know if the house. Is safe. Best of luck.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for California on
Q: I was my mothers care taker and I was living in her house when she died,my question is can my siblings evict me?

My mother left no will it's got to go through probate,also I have been the sole care giver and have lived there for 5yrs what are my rights.

James Edward Berge
James Edward Berge answered on Jan 22, 2020

Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the house. If... Read more »

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for California on
Q: My mother died and left no will now my sibling tell me I have to move what are my rights
Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 20, 2020

If your mom did not leave behind an estate plan; specifically a living trust, the estate will go through probate, assuming it carries an overall value in excess of $150,000. Whether probate is necessary however, does not change your rights. Without an estate plan, the estate passes via intestate... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: CA- how to request case dismissal with prejudice against plaintiff due to flawed 3 day notice? Can I amend answer to UD

CA-Received flawed 3 day notice (other tenant/m girlfriend) not named ,rent amt incorrect + late fee and utilities listed. I filed answer to UD but want to amend. Can I, if done within 10 days? Which forms to use, how to cite the flawed notice to get judge to dismiss? Should I still file answer... Read more »

Donald M Barker
Donald M Barker answered on Jan 20, 2020

If you do not have the funds to pay all rent due, you're essentially whistling past the graveyard. Though an incorrect Three-Day Notice, etc., may delay your eviction, it will not stop it: You are only buying time.

Plus, to the extent that your Agreement with the Landlord contains an...
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2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Landlord - Tenant for California on
Q: Is a landlord required to find and pay for housing if mold needs to be abated?

I live in an apartment in Anaheim California. The lease is weekly and required to pay by week and it up to a month in advance. I have been stalked and harassed and now the entire ceiling in my closest is saturated with water and brown mold in ceiling. The carpet is wet and my belongings on on the... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 15, 2020

Go to the doctor and get treated. Most insurance company have exclusions for mold. You have to use negligence theories. Be careful how to file your pleading. Best of luck.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sue my landlord?

I was promised things that weren't true before signing the lease. Move in day and I can't get ahold of my landlord. Finally my landlord called to tell me the house would be ready in 2 days. A wk went by and it was still not ready but she said I could move in if I didn't mind people working in... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 9, 2020

You may have a strong case for violation of Cal Civ. Code Sections 1941 and 1942. Warranty of Habitability. Please contact an attorney immediately. There is no fee for consultation and you do not pay anything if there is no recovery. Best of luck.

1 Answer | Asked in Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: My fianceand I leased a housefor 1 year. She has since moved out on around beginning of Dec. I still live in the house

. I was under the asumption shes basically abandoned her access and Say so concerning entering without my permission.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

What is your actual question?

1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Can I file a lawsuit against an apartment complex for not allowing me to extend me lease due to a medical surgery?

Had neck surgery 11/8/2019. Lease ended 11/15/2019. Asked to extended lease do to surgery prior to surgery. Apartment co manager said no, as someone was moving in.

I was not in a lot of pain prior to move out and after surgery. Asked one more time after surgery to stay and same answer,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 4, 2020

more info needed.

things would be controlled by your contract ie lease.

did you move voluntarily? did they file UD?

i would contact a local lawyer to see if they would take the case. If not consider small claims.

this may fall within ADA (Americans with disability...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord and tenant rights

So I rented this house and have given my landlords multiple written notices of things not working or being safe. I still have there stuff in my shed and big piles of garbage outside that is there. They left two refrigerators in my front yard that dont work. When I said I was withholding some rent... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 3, 2020

Go to your city inspector’s office and make a complaint. Ask them to come and inspect your rental. They will write a report and ask your Lanlord to fix your housing problems. Best of luck!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: can we withhold rent from landlords if they have no fixed a heater issuing in the unit

For months since September we have been asking for a heater, management has not provided one even when temperatures are below 34 degrees after threatening to withhold rent that brought a space heater that only heats up one area , management keeps saying this month it will be installed but not an... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 3, 2020

Pay your rent. Hire a lawyer. Let your attorney handle your case. Warranty of Habitability attorneys will not charge you for their time until they get money for you. If you have medical records on your child injuries, you have a reasonable case. Best of luck!!!

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on
Q: My roommate is threatening to file sexual assault on me (I am female) but I have never assaulted her. What do I do?

Over the past 8 months, my boyfriend and I have shared an apartment with another couple. As the months went on, they began damaging the apartment and throwing loud parties without our consents (which we had previously agreed to). The incident started when I woke up at 3 am on December 29, 2019 and... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 2, 2020

When they serve you with the harassment papers, do not fall sleep. Hire a lawyer immediately to defend you. If you do not have legal help, you may end up losing your place and a restraining order may be issued on top of that. Act Now. Best of luck!!!

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1 Answer | Asked in Landlord - Tenant and Criminal Law for California on
Q: I was assaulted Dec 9 2019 by roommate of over 10 years yes i made police report he is hiding , but he has locked me out
Dale S. Gribow
Dale S. Gribow answered on Dec 17, 2019

more info needed.

as the place in your name or his? written lease for you to stay there?

what did the police do? arrest him/her?

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