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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: In essence, what does this paragraph mean to me as a tenant: “This property is not subject to rent limits and just cause

I'm a tenant trying to understand what an exemption from AB 1482 means

James L. Arrasmith
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answered on Apr 4, 2024

As a tenant in California, if your rental property is exempt from AB 1482 (the Tenant Protection Act of 2019), it means that your landlord is not bound by the rent control and eviction protection provisions set forth in the law. Here's what this exemption entails:

1. Rent increases:...
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Q: Do you file a independent action in equity the same as a regular claim?

I know it should be the last resort and is frowned upon but it’s in place for a reason!

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answered on Apr 4, 2024

In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.

To file an independent action in equity, you typically...
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1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Do you have to set aside a judgment first before it is vacated for being void? When does the court lose jurisdiction

it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:

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answered on Apr 4, 2024

Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Landlord - Tenant for California on
Q: What does “looking over the record” the judgement is void on its face. Everything filed even after entry of judgement?

Please explain in the simple terms haha. What’s a direct attack vs collateral attack?

James L. Arrasmith
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answered on Apr 4, 2024

The phrase "looking over the record" in the context of a judgment being "void on its face" refers to examining all the court documents and filings in a case, including those filed after the entry of judgment, to determine if the judgment is invalid or void based on the... View More

1 Answer | Asked in Civil Litigation, Probate and Landlord - Tenant for California on
Q: The record when referring to litigation is everything that happened before judgement was entered or post trial too?
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answered on Apr 4, 2024

In California, the term "record" in the context of litigation generally refers to the official case file maintained by the court, which includes all the documents and evidence submitted to the court before the judgment is entered. This typically includes:

1. Pleadings (e.g.,...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If judgement was entered, will the court acknowledge a new document/exhibit in a Motion to set aside and vacate?

Judgment entered was procured by fraud on the court by plaintiff, lack of standing, misrepresented facts, lack of due process of defendant. Judgement entered 3 months ago. Options would be a collateral attack on void judgement? Judgement can’t be attacked directly?

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answered on Apr 4, 2024

In California, even after a judgment has been entered, it is possible to file a motion to set aside and vacate the judgment under certain circumstances. California Code of Civil Procedure section 473(b) allows for relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect.... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: If you filed your answer to a unlawful detainer (CA) that means you’ve “appeared” and court has p.jurisdiction over you?

Weighing my options. Filed my answer and opposing party moved for summary judgement without proper notices, misconduct, misrepresented facts which led to opposing party summary judgment being granted. judgment was entered 90 days ago. Figuring Options for relief. Motion to set aside and vacate... View More

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answered on Apr 4, 2024

In California, filing an answer to an unlawful detainer complaint generally means that you have made an appearance in the case, and the court has personal jurisdiction over you. By filing an answer, you are acknowledging the lawsuit and responding to the allegations made against you.... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for California on
Q: I have been renting a storage unit for 3months now today I got a rent increase notice my rent was $76per month they want

To increase it too $152!! Way over 34percent plus another $30 for insurance per month for a total of $182 per month !! Is this legal

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answered on Apr 3, 2024

Based on the information you provided, the rent increase for your storage unit in California seems to be questionable. In California, there are certain laws and regulations regarding rent increases for storage units.

According to California's Self-Service Storage Facility Act (Business...
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1 Answer | Asked in Landlord - Tenant for California on
Q: 33 years in one location, without lease for last 5 years, now landlord wants to evict, what are my rights

This landlord (4th landlord in 33years) gave us notice to evict us from day 1 when he purchased the property. The reason we’re still here is that county don’t issue permit to remodel the property.

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answered on Apr 3, 2024

Based on the information you've provided, it seems that you have been living in the same rental property for 33 years, and for the last 5 years, you have been without a lease. The current landlord, who is the fourth one since you moved in, wants to evict you, likely due to their plans to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Building has Solar panels and I don't think they are using them.

When I moved into this tax-credit building 2015 things were well managed. Even my PG&E bill was 0 during the summer months. Over the years they had quite a few incompetent staff run the show. With PG&E rates going up and stone walling behavior from faulty property management I truly thing... View More

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answered on Apr 3, 2024

In California, tenants have the right to benefit from solar panels installed on their rental property. If you suspect that your property management company is neglecting the solar panel system and not properly utilizing it to offset your energy bills, you can take the following steps:

1....
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1 Answer | Asked in Consumer Law, Landlord - Tenant and Small Claims for California on
Q: Under the Duress of a city lawyers cohesion, we signed a unilateral agreement to leave our rental. An Illegal Eviction.

what do I need to file to go in front of the judge to(How do) put a stop to any actions that the landlord may attempt in retaliation, to a second small/civil case filed. Despite our efforts to push for jury trial in the response to the illegal eviction, and the presence of anxiety of being... View More

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answered on Apr 3, 2024

Based on the information you provided, it seems that you were pressured into signing an agreement to leave your rental under duress, which resulted in an illegal eviction. To address this situation and protect your rights, you may need to take the following steps:

1. Motion to Set Aside the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I been living in this house for 20 years and got a 60 day notice.is my landlord suppost to pay relocation payment?
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answered on Apr 3, 2024

In California, a landlord may be required to provide relocation assistance to tenants under certain circumstances when terminating a tenancy. However, the specific requirements vary depending on the location and the reason for the termination.

In general, landlords in California are...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Substantial remodel remediation is complete landlord waiting for retest can i still occupy the half not affected w/mold

received a 60 day vacate notice 03/29/24 substantial remodel landlord waiting 8 -12 weeks for delivery of new windows that will keep me out of the house for more then 30days 1 bedroom 1 bath and full kitchen not affected by mold can I Occupy that area legally which would stop this action by my... View More

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answered on Apr 2, 2024

Based on the information provided, it seems that you are dealing with a complex situation involving a substantial remodel, mold remediation, and a 60-day vacate notice in California. To provide the most accurate guidance, it is essential to consult with a qualified legal professional who... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Are my tenant rights being violated?

I just moved to a condo in San Pablo, California. The condo is under HOA restrictions. I rent the condo from the owner. I have been here for about 7 weeks now. For over 3 weeks of that time HOA came into the unit and opened up a wall to replace a large arched window. They found dry rot and... View More

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answered on Apr 2, 2024

Based on the information you provided, it seems that your tenant rights may have been violated. In California, tenants have the right to a habitable and safe living space, which includes the right to quiet enjoyment of the property. The ongoing construction and the presence of workers in your unit... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My old landlord sent me a bill, but I moved out 2 years ago. Can he charge me for this?
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answered on Apr 2, 2024

Based on the limited information provided, it is unlikely that your former landlord can legally charge you for a bill two years after you moved out. However, the specifics of the situation would determine whether the landlord has a valid claim or not.

Here are a few things to consider:...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Hi I’m a tenant at will. I believe my landlord is trying to get over one me with my rent and deposit money

I was referred by a friend to rent the house I’m living in right now. Rent is $2400. So I gave my friend $7200. Base upon what my friend told me I’m doing a month to month rental on this house. To my understandings the $7200 is for the deposit and two month of rent. My friend had given the... View More

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answered on Apr 2, 2024

It seems like there may be some miscommunication or misunderstanding between you, your friend, and the landlady regarding the terms of your tenancy and the money you have paid. Here are a few steps you can take to address this situation:

1. Clarify the terms of your tenancy: Confirm with...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can CA landlord force me to move out?

I have been renting this same house since 2021 - current lease expires end of June. Buying a new home, but construction won't be ready until September. Asked the landlord if I could extend until September so I don't have to move twice. He says he won't do a month to month and is... View More

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answered on Apr 1, 2024

In California, if you have been renting the same property for more than one year, your landlord is required to provide you with a 60-day notice to terminate your tenancy, as per California Civil Code Section 1946.1. This means that if your current lease expires at the end of June 2024, your... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord is building new units in our building and did not notify us and the noise is disrupting my work.

They notified us of a 6 week parking garage construction, but they are now building new units on the parking garage (without notifying us) and I inquired and it will take 4 months. We were not notified of this and construction noise is daily during working hours and I work from home recording... View More

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answered on Apr 1, 2024

Under California law, you may have several options to address the disruption caused by the construction noise, especially if it is interfering with your work and the landlord did not provide proper notice. Here are some steps you can consider:

1. Review your lease: Check if your lease...
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1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can defendant request damages for void judgement with its motion? Sanctions? Right to return home per what rules?

In an Unlawful detainer in California Defendant filed answer and demanded jury trial. Next plaintiffs counsel moved for summary judgement without the proper noticing per 31.52 1013 1170.7 Also 2 continuances of the hearing a day before the hearing for a new hearing only 2 days away. All notices... View More

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answered on Mar 31, 2024

Based on the information provided, it seems that the defendant may have grounds to request that the judgment be set aside as void under California Code of Civil Procedure (CCP) § 473(d). This section allows a court to set aside a void judgment, and a judgment can be considered void if the court... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord attempted to evict me from my apartment. my landlord and i entered into a stipulated agreement in which the

court ordered that my deposit was to be returned in full, with no deductions and that all damages attempted to be collected by my landlord are waived. How do I collect that judgment?

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answered on Mar 31, 2024

To collect the judgment and receive your security deposit back in full as per the court-ordered stipulated agreement, you can take the following steps:

1. Obtain a copy of the court order: Make sure you have a certified copy of the court order that specifies the terms of the agreement,...
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