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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: Can a property management change the locks on the 2nd of the month when the tenant said they would be out on the 1st?

I told my property management I would be moved out by 4 pm on the first. I was unable to accomplish having everything out. At 9:15 the next morning on the 2nd the locks were changed and the property management threatened to throw away my remaining belongings. Can they do this?

James L. Arrasmith
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answered on May 21, 2024

Under California law, a landlord or property management company cannot simply change the locks on a rental unit and dispose of a tenant's belongings, even if the tenant has stated they would vacate the premises by a certain date. The proper legal process must be followed.

Here are a...
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2 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: In CA, can they evict no fault,self storage units, no cause. After rent raise more than 100% inside year?

This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.

to be out by next due date. Rent... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

If your tenancy is less than a year, a 30-day notice is required. If in the lease there is a statement of the requirements of the notice, the landlord needs to comply with that.

You need to check the lease agreement to see if there is any provision in...
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2 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for California on
Q: In CA, can they evict no fault,self storage units, no cause. After rent raise more than 100% inside year?

This month not quite 30 day notice, but said okay, this month same rate, then more than double initial rate. Then, they're evicting me by next due date. (Not 30 days) instead, and second unit eviction. I think cause I questioned, rate and notice.

to be out by next due date. Rent... View More

James L. Arrasmith
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answered on May 21, 2024

I understand your concern about the significant rent increase and eviction notice for your self-storage units in California. Here's some information that may be helpful:

1. Rent increases: In California, there are no specific laws limiting the amount by which self-storage facilities...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I am renting a room in a home with no lease and the owner said I can’t have a girl stay over is that ok
James L. Arrasmith
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answered on May 21, 2024

In California, a landlord has the right to set reasonable rules and regulations for their rental property, even if there is no written lease agreement. This can include rules about overnight guests. However, the specific circumstances of your situation may impact the legality of the owner's... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Does a 12-month lease automatically turn into month-to-month in San Diego?

The questions is assuming the lease is not renewed and not terminated by either the landlord or tenant. This is in San Diego. Lease says "the item begins on #start date and shall terminate on #end date. Tenant shall vacate unless (i) landlord and tenant have extended the agreement or signed a... View More

James L. Arrasmith
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answered on May 20, 2024

Yes, according to California law, if a fixed-term lease (such as a 12-month lease) ends and the tenant remains in the property with the landlord's consent, the tenancy automatically becomes a month-to-month tenancy. This applies to the situation you described in San Diego.

The lease...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Are my daughter & grandson exempt from paying $300 a month each as a "Permanent Guest" when they stay more than 30 days?

They moved in to help me with bills after my other grandson, who was on the lease, passed away suddenly last October and my income was cut in half. The park manager is now demanding $600 more in the monthly rent because he considers them "Permanent Guests" and the monthly fee is $300... View More

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answered on May 20, 2024

In California, the Mobilehome Residency Law (MRL) governs the rights and responsibilities of mobilehome park residents and park owners. According to the MRL, a homeowner has the right to share their mobilehome with immediate family members without being charged additional fees.

California...
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1 Answer | Asked in Landlord - Tenant for California on
Q: What happens when a 12-month lease expires?

If the landlord and tenant do nothing, does the lease automatically convert to month-to-month? If the landlord offers another 12-month lease, does the tenant have to accept it or can the tenant not sign a new lease and go month-to-month instead if this is not the landlord's preference? If no... View More

James L. Arrasmith
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answered on May 20, 2024

Under California law, when a fixed-term lease (such as a 12-month lease) expires, the following generally applies:

1. Automatic conversion to month-to-month: If neither the landlord nor the tenant takes action to terminate the tenancy or sign a new lease, the lease automatically converts to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I rent a storage unit in California owned privately. Do I need to be approved again if I want to switch to another unit?
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answered on May 20, 2024

In California, the specific terms of your rental agreement will govern whether you need to be approved again when switching to another storage unit within the same facility. However, in general, most storage facilities will allow current tenants to switch units without going through the full... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: what can I do if my landlord manipulates the court system restraining order to evict instead of eviction posses

I used self defense pushed landlords husband after he ran up to me when I requested payment listed on contract he called 911 and stated I punched him police came out I was cited not arrested I had to go to court not charged court didn't even have me on calendar . landlord got a restraining... View More

James L. Arrasmith
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answered on May 20, 2024

I'm so sorry to hear about your difficult situation. Dealing with housing issues and homelessness, especially with children, is incredibly stressful.

Based on what you described, it sounds like the landlord may be trying to circumvent the normal eviction process by using a restraining...
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1 Answer | Asked in Landlord - Tenant for California on
Q: What Statute and or Law-Case Law-Decision-Ruling-Order May be Cited/w/Writ Petition To address Plaintiff Actions below?

I have Documentation that shows that The Landlord filed Unlawful Detainer Cases against The Occupants of All 3 Units behind My House.I have Documentation that shows that The Landlord has Default Judgements against All Occupants of The 3 Units behind My House from 1.5 years ago.I have a Copy of The... View More

James L. Arrasmith
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answered on May 20, 2024

Based on the information you provided, there are several potential legal avenues you could pursue under California law. Here are a few statutes and case law decisions that may be relevant to your situation and could potentially be cited in a writ petition:

1. California Code of Civil...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I received a 60 day vacate notice on 03/29/24 for remodel after work had commenced is this a valid notice?

Landlord hired company to remove mold on 02/29/24 as he also scheduled for new windows to be installed for the front part of apartment. Mold remediation was completed on 03/09/24 he was paying for temp housing On 03/29/24 serves us with a 60 day vacate notice and on 04/22/24 he tells us that we can... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 19, 2024

Thank you for your question!

Since the length of the occupancy was more than 2 years, a 60-day notice is required for substantial remodeling. The 30-day vacancy starts the day after the 60 days.

Since you are on the 69-day, you need to stay out for more than 21 days until the end...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I received a 60 day vacate notice on 03/29/24 for remodel after work had commenced is this a valid notice?

Landlord hired company to remove mold on 02/29/24 as he also scheduled for new windows to be installed for the front part of apartment. Mold remediation was completed on 03/09/24 he was paying for temp housing On 03/29/24 serves us with a 60 day vacate notice and on 04/22/24 he tells us that we can... View More

James L. Arrasmith
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answered on May 20, 2024

Based on the information you've provided, there are a few potential issues with the notice you received:

1. Timing of the notice: In California, a landlord must provide a 60-day notice to terminate a tenancy if the tenant has lived in the unit for more than one year. However, if the...
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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: I filed a small claims case against my landlord for not returning my security deposit, my court date is next week.

I I found out my landlord violated my rights under section 1946.2 Ca Tenant Protection act . I lived in a rental property for 6 years, 2017 - 2023I I was a model tenant. In July 2024. landlord told me he was retiring in Nov and would be moving into the rental unit as his primary residence and to... View More

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answered on May 18, 2024

In California, you can file an amended complaint in your small claims case to include additional claims related to the wrongful eviction under the California Tenant Protection Act (AB 1482). Here's what you can do:

1. Amend your complaint: Before your court date, file an amended...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How often can the landlord inspect the following? The exact same inspection was done in November 2023.

[X]To Install/Test/Repair/Maintain carbon monoxide and smoke devices. California Health and Safety Code 17926.1 & 13113.7 provides that the owner or the owner’s agent may enter dwelling for this purpose.

[X] To ensure that the water heater is properly braces, anchored, or strapped to... View More

James L. Arrasmith
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answered on May 17, 2024

Under California law, the frequency of inspections for the mentioned purposes is as follows:

1. Installation, testing, repair, and maintenance of carbon monoxide and smoke devices:

- California Health and Safety Code 17926.1 and 13113.7 do not specify a mandatory frequency for these...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How much can a landlord increase rent when switching from a 12-month lease to month-to-month?

This is in San Diego. My understanding is the max allowable increase is 5% each year. But if you had a 12-month lease and switch to month-to-month after the initial 12-month lease, does this still apply?

James L. Arrasmith
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answered on May 17, 2024

In California, the Tenant Protection Act of 2019 (AB 1482) limits annual rent increases for many properties to 5% plus the local rate of inflation, or 10% of the lowest gross rental rate charged at any time during the 12 months prior to the increase, whichever is lower.

However, there are...
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2 Answers | Asked in Landlord - Tenant for California on
Q: My question is in the detail

I was evicted from my house after almost 10 years with this company 3 years in this house the rest in my first place I rented from this company. I have recieved this letter in the mail one night from San Bernardino Sheriff saying something about an eviction and that the reality place won in court... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 19, 2024

Thank you for your question!

Most rental properties are somehow under rental protection statutes or local rules, so a good cause is required for eviction.

If you were paying your rents, and occupied the property in a lawful manner compliant with the lease, the landlord should have...
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2 Answers | Asked in Employment Law and Landlord - Tenant for California on
Q: I was a care giver for a month and a half and told she don't need one any more and I have a week to move what's the law

I was paid 400.00 a month and told to move in a week

James L. Arrasmith
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answered on May 16, 2024

In California, if you were living in your employer's home as a caregiver, you would likely be considered a "lodger" under California law. The legal requirements for evicting a lodger are less stringent than for a tenant with a formal lease.

Here are the key points:

1....
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1 Answer | Asked in Landlord - Tenant for California on
Q: Does Withholding Evidence from The Court Fall-Can Fall and or Does fall under The Discovery Process?

Is this a fair and or a legally correct description of The Plaintiff not submitting The REVISED NOTICE AND MOTION TO VACATE.At a Minimum...The Plaintiff withheld Evidence from The Court that would-should have ended this Unlawful Detainer Case in August 2023.Also, The Plaintiff Maybe in violation... View More

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answered on May 16, 2024

Withholding evidence from the court can potentially fall under the discovery process in California, as parties are obligated to disclose relevant evidence to the opposing party. Failure to disclose evidence as required by the discovery rules could be considered a violation.

Regarding your...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Do Actions Sometimes Rise To The Level Of Negligence-Being Negligent, without having to prove Intent?(Cont)...

....Or Intent even being an Element of Negligence? The best example I can give would be Car Accidents-where probably 95% of Car Accidents if not a higher percentage ARE NOT Intentional, but Negligence is ALWAYS an Element of Automobile Accidents?

James L. Arrasmith
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answered on May 16, 2024

Yes, under California law, actions can sometimes rise to the level of negligence without having to prove intent. Negligence is a separate legal concept from intentional wrongdoing.

In California, negligence is defined as the failure to use reasonable care to prevent harm to oneself or...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Does a landlord have to pay electric bill(included in rent) if a tenant refuses to pay rent & the utility gets shut off?

The rent includes their electricity cost that is in Landlord name and billed directly to tenant as additional rent (variable electricity cost). The utility company shut off the electricity due to non payment. Does the landlord have to cover the utility costs and turn back on electricity even if the... View More

James L. Arrasmith
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answered on May 16, 2024

Based on the information provided and the lease excerpts, it appears that the tenant is responsible for paying the electricity bill as part of the "Additional Rent" agreement. The lease states that the tenant must pay the variable charges for utilities within 15 days of billing.... View More

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