My apartment includes 5 people, including myself, and we split the $850 security deposit between us so we each paid $170. Now another person and I will be renewing the lease while the rest of them are leaving. How do we split up how we repay each other for our portion that we contributed to the... Read more »
This is not a legal question. It is a math question. If you paid $170 as one of 5 roommates and one withdraws, the remaining four roommates must pay you ($170/4 = $42.50 each) to return your share of the security deposit. If they rent to another roommate, then the new person will pay each of... Read more »
A lease that prohibits pets is valid, but ESA is an exception and if certified by a licensed physician the landlord has to allow the ESA. However, you can be evicted if the ESA becomes a nuisance or otherwise disrupts other tenant's quiet enjoyment of their premises.
To avoid the... Read more »
My roommate and I are both international students who signed a rental agreement with a person who was subletting her apartment to us (California). The rental agreement was an ePDF and we electronically signed it and sent it to her in May 2019 through Whatsapp. However, she changed the late fee... Read more »
You have represented 2 issues; however, without knowing all of the facts this should not be considered legal advice.
(1) The landlord unilaterally changed the terms of the lease after you signed it. Of course she cannot do that and she must adhere to the original terms that she forwarded... Read more »
My property manager says it is in the lease
If you are talking about a guest staying with you, yes. A lot of leases do specify the limit to the amount of time a guest can stay. Usually it is a number of days in a given period of time, like "25 days per year" or "3 weeks every 6 months". Your first step needs to be to review your lease.
As well as the other tenants without proof and making false accusations against me what can i do to defend myself against such things? They've been trying to get me evicted but i have been staying in compliance with my lease and now they are making up lies about me and telling me that i have... Read more »
By harassing you, Thr LL is engaging in unjustified normal behaviors which is known as a violation of the Covenant of peace and Quiet Enjoyment of your rental unit. Please write him a letter with all the things he is doing against you and ask him to stop immediately. If he does not, then call a... Read more »
There's a busted pipe in the wall they started to work on it about a year ago but haven't worked on it for about 10 months now
You need to write a complaint letter to management or owner. If no answer, within a reasonable period of time, then call the city inspector. If nothing happens after this, then call a housing problem lawyer (Tenant Lawyer). You have a right to Live in a habitable House or apartment. Your... Read more »
A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... Read more »
If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.
Best... Read more »
I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... Read more »
The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.
You would be well served to initiate the termination of your... Read more »
Out and tow my car can she do that without legally evicting me through the courts
No. She is bluffing. She has to go to Court to legally evict you. Best of luck.
I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... Read more »
Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.
If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the... Read more »
I live in San Clemente, CA.
You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.
However,... Read more »
ADA documentation states that landlords/staff may not require proof, nor documentation, nor ask any other question than "is this a service animal?" and "what does this animal do?". Any question beyond that is a violation passable of fines (ADA website). California law seems to... Read more »
California's laws allowing you to request a letter from a doctor applies mainly to emotional support animals, which are not covered by the ADA. Emotional support animals aren't trained to do anything. They just make the person feel better.
landlord wouldn't fix my window and glass door for a year.significant heat lost on winter months causing higher energy bills. uninhabitable living conditions.
In the future, any tenant experiencing a house or apartment problem should write to the landlord explaining the problem and asking for correction. If after a reasonable stood of time, there is no response, then the tenant should complain to the city housing inspection department. After the... Read more »
I have been using my own window installed a/c for many years.
The building is under exterior renovation and I was given an option- remove a/c or be evicted.
Even after I pleaded that I need an a/c to keep cool for medical reasons (I have MS)- the answer was the same.
I am... Read more »
Ask your Lanlord if he is going to provide central A/C. Or if he is going to provide you with a hotel while he finishes his outside repairs. If the answer is no, then hire an attorney to file a warranty of habitability against your landlord. Best of luck.
The LL can force your son out only by a process called unlawful detainer. The process is very fast but he has a chance to answer the complaint and with the help of an attorney he may be able to delay the process in accordance with the law. Best of luck.
My landlord has suddenly informed me that he is going to have my car towed Friday. The car is parked properly, in the space he himself assigned me when I first signed the lease 6 months ago. His argument is that the lease states the vehicles must be operational to be parked in their space. My car... Read more »
He is a creative landlord. It is not his duty to tow your car due to a DNV violation. He does not have the right to assume powers granted to the State. However, the LL is using dirty tactics to psychologically affect you and force you to move out. You should move your car out temporarily and... Read more »
My newborn, medically fragile son and I were kicked out while the entire facility was quarantined due to another family having Coronavirus symptoms.
In these most unusual of times, administrators of shelters must make terribly tragic decisions based on the conditions which exist. I'm sure you are grateful for the fact that you and your son do not presently have the coronavirus, but that can be little consolation while you are still... Read more »
I have lived here for over 25 years I did not have bug problems until last year after the lady below me passed away and had bed bugs. They sprayed, however, the bugs just came upstairs and now I am infested. I was sprayed twice and they had to pay some people $600 to move my furniture an inch... Read more »
You need to call a warranty of habitability attorney in order to get legal help with your bed bugs problem. Search for warranty of habitability or bed bugs problems attorney on Google or any other search program. This simple search will provide you the name of an attorney near you. Best of luck.
Can i get evicted on the same day
The management needs to file a lawsuit for unlawful detainer if the room was legally converted into a studio. However, you should read your lease for the actual language. Best of luck.
There’s a global pandemic with a shelter in place The landlord suggested I use public facility across street as an alternative.
When we have on site laundry, which I pay for, is it illegal to not provide hot water for laundry. I have a documented disability.
They said the water... Read more »
If your lease specifies that laundry is part of your rental, then the landlord has a contractual obligation to perform. You might be entitled to offset your monthly rental payment as damages. Consult with a landlord tenant attorney or a tenant's rights advocacy group in your area.... Read more »
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