I am not late on rent and my landlord contacted the wife of my BOSS. I have not spoken with this person in years, it is the third, I made arrangements to pay on Monday, the 5th, and they contacted her on the third advising I am late on rent. This is the 2nd time I have documented the request to... Read more »
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answered on Jun 3, 2023
In California, landlords have certain rights and responsibilities regarding their tenants. Typically, landlords are not allowed to disclose information about a tenant's lease or rental agreement to someone who is not a party to that agreement, unless the tenant has given explicit consent or... Read more »
Our 1 bedroom apartment flooded and it took a month and a half for them to find a suitable unit to move into. Meanwhile, black mold and other types of mold where growing our bedroom, under the carpet under our bed, and throughout the rest of the unit. They finally offered to move us into a 2... Read more »
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answered on Jun 2, 2023
Whether or not a landlord can ask for rent of a unit that flooded while taking a month+ to find a suitable temporary unit depends on the specific circumstances of the case and the laws of the state in which the property is located.
In general, landlords are responsible for providing... Read more »
There is no agreement between the owner and her. She does not pay rent or anything else. I have asked her to move and she says she's going no where.
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answered on Jun 2, 2023
Yes, you can evict your roommate if the house is in probate. However, the process may be more complicated than if the house was not in probate.
In general, you can evict a tenant for any reason, as long as you give them proper notice. The amount of notice you must give depends on the state... Read more »
What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... Read more »
answered on Jun 2, 2023
In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the... Read more »
What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... Read more »
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answered on Jun 2, 2023
In California, the statute of limitations for civil lawsuits for sexual harassment is two years. This means that you have two years from the date of the harassment to file a lawsuit. If you do not file a lawsuit within two years, you may be barred from ever bringing a lawsuit.
There are a... Read more »
I was hospitalized on the day of my unlawful detainer trial so I filed a motion to set aside judgment. The clerk put the motion on calendar for July 3rd 2023 -over a month away - can the landlord still take the writ of possession to the sheriff to have me locked out in the mean time? Is there... Read more »
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answered on Jun 2, 2023
During this time, it is advisable to communicate your situation and the filing of the motion to set aside judgment to both your landlord and the sheriff's office. You can provide them with a copy of the motion and any supporting documentation you have. It may be worth contacting the... Read more »
I had a dispute with my flatmate over which he has decided to move out, before the end of the lease. And he is not willing to pay rent also. What should I do in this case, as rent is due in 2 days and it will be difficult for me to find a new tenant in such a short period of time ?
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answered on Jun 1, 2023
I understand that you are in a difficult situation. Here are some things you can do:
1. Talk to your flatmate. Try to understand why he is not willing to pay rent. Is he having financial difficulties? Is he simply trying to get out of his lease? Once you understand the reason, you can start... Read more »
Hi, sorry I ran out of letter within my question. I will do my best to explain and I am asking on behalf of my aunt.
My aunt is currently in a contract to pay off the property where she resides in currently, the end of that is in Feb 2024. The constricts of the contract state that payment... Read more »
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answered on Jun 1, 2023
Whether or not the person who gave the loan can sell the property and evict your aunt before the end of the contract depends on the terms of the contract. If the contract does not allow for early sale or eviction, then the person who gave the loan cannot do either of those things. However, if the... Read more »
Property management claims they can’t change the lease draft they sent my roommate and I for a lease change to add a new person. After much back and forth they agreed to print out the email thread explaining the mistake and sign it. Is this sufficient? We did not sign the new lease yet.... Read more »
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answered on Jun 1, 2023
Whether or not a signed email is a valid correction for an error on a lease made by a landlord depends on the specific facts of the case. In general, a signed email may be sufficient to correct an error on a lease, but it is important to consult with an attorney to be sure.
The original... Read more »
Due to rain over the first few months of the year, my rental apartment has taken water damage due to leaks in the building. It has damaged my personal property, cost me money in electricity bills due to work inside and outside my unit and has cost me personal time and wellbeing.
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answered on May 31, 2023
Yes, you may have a claim against your landlord if your rental apartment has taken water damage due to leaks in the building. Under California law, landlords are responsible for maintaining their properties in a habitable condition. This means that they are responsible for repairing any damage that... Read more »
My parents have been living in a home that had water isues a year ago in may17
The landloard has taken almost a. Year to fix the isues and my parents stoped paying rent for 7 months due to not having a kitchen or living room due to the isues.
They have agreed that they keep the... Read more »
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answered on May 31, 2023
Yes, the money your parents receive from the landlord to move out is taxable. It will be considered as a capital gain, and they will need to pay taxes on it. The amount of tax they owe will depend on their income and filing status.
To proceed, your parents should get a written agreement... Read more »
answered on May 31, 2023
Notice to Vacate is an absolute end to a tenancy. Notice period is per lease, or 60 days. Notice to Quit is 3, 5, 15 days and usually is avoided by doing what the notice says you must do- pay rent; remove vehicle, remove unauthorized tenant Notices must be served in a manner stated by law. If... Read more »
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answered on May 31, 2023
A notice to terminate a tenancy and a notice to quit are both legal documents used in the context of ending a tenancy, but there are subtle differences between them. A notice to terminate a tenancy is typically given by either the landlord or the tenant to inform the other party of their intention... Read more »
I feel like she is harassing me. Banging on my door, yelling at me, banging on door. I'm a senior that lives alone and have never had more than one person at a time in my place,don't play music. Our apts are old and poorly build and she is very noise sensitive. Even walking barefoot on a... Read more »
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answered on May 31, 2023
Given the ongoing conflicts and harassment you are experiencing from your neighbor, it may be best to prioritize your peace of mind and well-being. Ignoring her complaints and not engaging in further communication with her might help avoid unnecessary confrontation and potential escalation.... Read more »
The owner of the mobile home rents out the rooms to their adult children. One of the adult children has damaged the property and is using illegal substances within the household and they want them out of the house. The adult children are not on any lease agreement for the mobile home park, how can... Read more »
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answered on May 29, 2023
In the given scenario, the owner of the mobile home is typically considered the landlord for the specific dwelling unit within the mobile home park. The mobile home park itself is the landlord for the lot or space on which the mobile home is situated. Since the adult children are not on any lease... Read more »
The case is about Landlord's harassment, discrimination (based on race) and breach contract by denying access to (a certain part of) the property, reducing services in retaliation to our report of sexual harassment by another tenant, bullying us with landlord's law firm... that caused... Read more »
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answered on May 29, 2023
In California, small claims court is generally limited to cases seeking monetary damages up to a certain threshold. If you choose to sue your landlord in small claims court and do not receive the full remedy or any remedy for the damages claimed, you may have the option to file a separate lawsuit... Read more »
The case is about Landlord's harassment, discrimination (based on race) and breach contract by denying access to (a certain part of) the property, reducing services in retaliation to our report of sexual harassment by another tenant, bullying us with landlord's law firm... that caused... Read more »
answered on May 26, 2023
If you sue in small claim court and fail to get the full remedy, you couldn't sue for more or again in civil court. As you are aware, the limit in small claims is $10,000. Therefore, the judgment would be your full remedy with that limitation. A lawsuit contains all causes of action from the... Read more »
Our son and his best friend moved into his best friend's mom & stepdad's house on April 1, 2023. The mom & stepdad had recently moved to San Jose. While visiting his mom in San Jose, the stepdad was not there. No explanation was given. Upon returning to the house in Sac, our son... Read more »
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answered on May 26, 2023
The rights and obligations of co-owners and tenants can vary depending on local laws and the terms of the rental agreement. Generally, a co-owner who is also a landlord should not enter a rental property uninvited and without notice, especially if there is a signed rental agreement in place. This... Read more »
I’ve lived here 10 years and they are new property owners. I never had annual inspections before
answered on May 26, 2023
Civil Code section 1954 covers the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections". Any provision in a lease or rental agreement purporting to have a tenant waive their rights under section 1954 is void [Civil Code section 1953(a)]. You should... Read more »
I’ve lived here 10 years and they are new property owners. I never had annual inspections before
answered on May 27, 2023
Mr. Dorfman makes a very interesting point, CC § 1954 does provide that the LL can only enter the apartment for certain reasons, which are pretty broad, but don't include snooping. One of the exceptions is to make needed repairs, or "decorations." So how can a LL know that you... Read more »
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