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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: I had 3 tenants one moved out are the other 2 tenants that share room lodgers now?

This is in san bernardino california also they are keeping chickens and ducks in my front yard and dug a pond without permission

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

Well, is a pond with chickens and ducks in the front yard common in San Bernardino where your property is? What does the lease say about animals? You have a written lease, correct? If you want them out you can give them a 3 day notice to correct or quit- that is fill in the pond and get rid of... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My husband and I were bying a single wide trailer from some people my husband new for 8000. We gave them the 8000

The next day they changed there mined. When I went to get my money they said they were keeping 2000 for a deposit witch we paid them in full there was no deposit and for the storage they rented to store there thing. First there was no deposit and second they forfit the sale why should I pay there... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

From these facts, I agree with you. File in Small Claims for the return of your money. Of course you have all of this written down as a contract of sale, setting forth all the terms, because $8000 is a lot of money to you and you would not pay $8000 without a written contract. Why didn't... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: How do I go about harassment and being threatened by property management and staff?

I have brought these issues to their attention and now I am being singled out as a tenant and continuing to be harassed.

Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

You have 2 options, write them a letter yourself, and have an attorney write them a letter. The attorney letter will carry greater weight. You need to document all the harassment, keep a diary or log of each incident, date, time, who was involved, what happened, who were witnesses. The more... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How can my mother evict our brother?

Hi my mom is the Head of Household in the home that she rents but is not the home owner. Her brother has been living with us for many years but has never been on the lease. My mom wants him to leave as he has done many things that have gone against her rules. How can we get him to leave?

Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

If your mother is renting the home your brother is a sub-tenant and she is in the position of a Landlord to him. A LL evicts a tenant by giving them a written notice, either a 3 day notice to pay rent or quit: or a 3 day notice to quit for violating terms of his rental (but there is no written... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: I am at high-risk COVID can landlord force entry into my apartment where I am sheltering in place as retaliation?

I exercised my rights for COVID rental relief (deferral) and in retaliation my landlord is harassing me and trying to gain entry into apartment where I am sheltering in place. His excuse is that if I won't pay rent he will sell apartment and needs to come and do an inspection and take photos... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

I suggest that you call the police when he comes. This is a violation of your rights as a tenant, and potentially can be a defense to an eviction proceeding or a claim in Small Claims for invasion of privacy, and denial of your right to quiet enjoyment of the premises.

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Does the landlord have to disclose the information of a death before the lease is signed and a payment is made?

My roommate and I signed a lease for an apartment and made our first payment, and once they received the payment, we were told about a death in the apartment in February of this year. We would like to know if this is illegal for them to disclose the information afterwards.

Maurice Mandel II
Maurice Mandel II answered on Jul 29, 2020

A LL has to disclose any condition of the premises that could pose a health hazard to the proposed occupants. if the death involved such a continuing health hazard, the LL would be legally obligated to disclose it to you. Otherwise, the LL does not have to say anything. But in your case the LL... Read more »

3 Answers | Asked in Landlord - Tenant for California on
Q: Is a landlord allowed to give only 10 days notice? No renters agreement or lease.

I recently moved into a room. I moved in on the 6th of June. The owner of the house is 57 year old male. I am a 23 year old male. I had a stomach bug a few days ago and vomited 1 time. He told me I had to get a coronavirus test or he was giving me a 10 day notice. I went and got tested and was... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 28, 2020

First, Check your county’s Covid Rent Ordinance on Rents. I believe your LL May be violating this Ordinance. At any rate, he will not be able to file a lawsuit until the ordinance is revoked. Just pay your rent and keep all notices and messages, you may be able to sue him later for violating... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: Tenant's rights

I've been living in the same apartment for 20 years, get my rent 20% increased every 3-4 years...

Never had interior repair, never had carpet change. Ants and termites are all over the place.

Several years ago I asked the manager to do something about it, and the answer was-... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 28, 2020

If the house is uninhabitable, you may have a cause of action. If the carpets are deteriorated, you have ants invasions, leaky faucett, running showers, etc., then you may have a case for violation of the warranty of habitability. it is not like you are not paying any rent. You have said you are... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Is Single family owner occupied house with 3 tenants renting rooms and sharing kitchen with owner exempt from CA 1480?

I have been renting a master bedroom in Milpitas,CA for past three years on a month to month basis. The landlord lives in the same house along with two other tenants. The landlord gave us 30 days notice via email without any cause to vacate the house because he wants to sell the house. Does my... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Civil Code 1946.2 discusses "for cause" and without cause eviction, and the 30 day moving payment, and specifically EXEMPTS properties where the tenant and owner co occupy and share the kitchen. There is no section 1480.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I charge $75 per week as a late fee for rent paid late? Someone is renting a room from me and it's in the agreement.

Rent is due on the first, but I provide a 3-day grace period. The $75 late fee is assessed on the 4th of the month and every 7 days thereafter. I have had issues in the past with someone thinking, "Well, I'm late on rent, might as well pay it at the end of the month" and that was... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 27, 2020

No. let it alone.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: My tenant stopped paying rent (COVID layoff from work). Can I charge him late fees if he has not provided proof?

My tenant has finally moved out of my place after being unable to pay for 4 months, but he has not paid any of his back rent yet. I usually assess a late fee for every week that rent is late.

He has not provided me any proof or documentation that he was laid off from work due to COVID-19.... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 27, 2020

.Let it alone. Best of luck.

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2 Answers | Asked in Landlord - Tenant for California on
Q: HOW LONG AFTER A FIRE DOES A LANDLORD HAVE IN WHICH TO MAKE NECESSARY REPAIRS
Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

You actually ask two questions. How long to fix, and what is my rent obligation? If the premises is "uninhabitable" due to the damage from the fire, you may have a reduced rent obligation, or even none at all. Repairs should be done asap, and this is usually within a couple of weeks to... Read more »

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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Can I sue my roommate for half the rent?

My roommate was awarded a subsidy by our city due to COVID 19 that would pay $1000 on the household's behalf. That would still leave $895 to be owed to the landlord. I filled out an application as well, but was told that the house hold should only submit one application as the awarded money is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Difficult to tell from your facts. Is the roommate paying the entire $1000, or something less. A "subsidy" is money that is received to assist in the payment of a debt, it does not replace the debt. If your roommate's debt obligation is $1895, then she needs to pay that, but you... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My ex-housemate is dying of COVID and all the utilities are in his name. Should I transfer as soon as possible?

The daughter of my ex-housemate wants the transfer into my name by Monday and the landlord is not willing to put the bills in their name (probably because I have claimed Civil Code 1511 --https://codes.findlaw.com/ca/civil-code/civ-sect-1511.html and am not paying them rent for legal reason due to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Sorry about the medical condition of housemate. You have a lot of issues with respect to these utilities. From your question, I assume you are still living on the premises where the ex-housemate lived. There is no such thing as "legal code 1511" so it is difficult to follow you. I... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Hi, my question pertains to Tenant protection. 2 friends of mine received a doc from the landlord asking them to Sign.

Tenants lived in the mobile home since 2009. Son of the original owner took over Hemet Fairview, LLC at beginning of 2020. He has already raised their rent 3X’s this yr thru pandemic. Rent has been $900 for the last several years and now it’s $990. Both tenants on SSI have lived there 11 years.... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 26, 2020

Check if your county has a CVID 19 Emergency Ordinance. This may buy you some time. Best of luck.

4 Answers | Asked in Landlord - Tenant for California on
Q: Can a landlord hire an inspector that's going to lie for her for insurance reasons to cover mold damage in the home that

We've been really sick due to mold all through the house we have hired real professionals to tell us that there's mold everywhere reported to our landlord or landlord is not taking care of it because she don't want to pay out-of-pocket her insurance denied it so she hires an... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jul 26, 2020

Mr. Google knows all the lawyers who handle mold claims in your area. He can help you find one. good luck to you

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2 Answers | Asked in Business Law and Landlord - Tenant for California on
Q: I live in California. Back in March I signed a lease (commercial) and the owner has yet to vacate his stuff.

I’m still expected to pay the lease every mo (and have paid) It has been months, what can i do? This doesn’t include a large amount of rodent droppings and bird droppings left behind!

Maurice Mandel II
Maurice Mandel II answered on Jul 24, 2020

This is really a LL/Tenant issue. You should find a Commercial Tenant Rights attorney. You have different rights as a commercial tenant than you do as a residential tenant. But you are entitled to have the premises delivered to you on the date of the rental agreement, ready for occupancy.... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: How do I get landlord to make appropriate repairs in my unit?
Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

The legal standard is not "appropriate" repairs. You may think a new coat of paint or new carpet is "appropriate" but the law does not require that, it requires that the premises be habitable and the LL supply certain basic needs, like water, electricity, sewage. Read your... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord refuses to make appropriate repairs and product replacement.
Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

The legal standard is not "appropriate" repairs. Read your rental agreement as to what the LL is responsible to maintain. You need to consult with a Tenant's rights attorney in your local area. Be sure you have sent a written notice to the LL about what you are requesting that he... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: What to do if property management doesn't respond to my request of wanting to know the options for breaking lease early?

I've been in my apartment a little less than 2 months but have discovered that the neighborhood and grounds of the complex are dirty, littered with trash(urine filled bottle, empty alcohol bottles, discarded furniture, pet waste, rusty equipment on lawns, etc...) and frequented by homeless... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

First, read your lease for information about breaking the lease. If your lease mentions the right of quiet enjoyment of the premises and these things are happening in the common area, you might want to send them notice that you are quitting the premises, give them the notice that the lease... Read more »

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