Lawyers, Answer Questions  & Get Points Log In
California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord has asked me to move out and wants me to name a figure amount to move. Do I have to move ?

My landlord has stated that there are not problems with my tenancy...that my rent has always been on time and I've never received any complaints.

But he as asked me to move, stating : " there's money involved", and he wants ( me ) to name the figure amount to be considered.

I'm... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2019

Next time he approaches you tell him to contact your attorney. Choose a Tenant lawyer near you and that will be the end of it!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: How can I stop a eviction?

Lease expired so I asked to renew it. Was told my house is going to be sold and I have till next month to get out. I asked why I didn't get a notice and they stated"Oh, we taped one to your door in September". I never found a note taped to my door. I never got a copy in the mail, never served, no... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

He has to serve you personally. Or, give you a 60 days move out Notice. Besides, he accepted your payment for this month, so Just get a lawyer to represent you to tell the Judge you were never served personally and did not get a move out notice. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord wants to buy me out in a rent controlled bldg. in Oak, CA. Can I get evicted if I say "no" ?

I am afraid that saying "no" to a potential buy out from my rent controlled apartment could result in my landlord starting eviction procedures. As a consequence, he keeps "pressing" to reschedule one to one ( off the record) meetings with me.

Do I have to keep having these meetings... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

No you cannot be kicked out of your apartment for saying no. You may be asked to negotiate by the landlord or his attorney and depending on whether your landlord is not violating any rent control laws, you may be asked to move out for an amount mutually agreeable to both parties. However, there... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord kicked me out in retaliation for complaining and about to take legal action for uninhabitable apartment
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

Your eviction is independent of your cause of action for violation of the warranty of habitability. Hire a tenant lawyer right away to protect your rights. you must take all your correspondence with your landlord, copies of videos or pictures of what was wrong in your apartment, medical records... Read more »

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: Do I have any legal rights if the fire exits in my studio were sealed shut without my knowledge?

I live in a small studio apartment and I noticed Maintenance were outside working by my windows. Later on I tried opening the windows to get some fresh air and the window would not open. I went outside and noticed the windows were painted in and sealed. One of the windows is partially open about 1... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You do have legal rights if the unit is not up to Code or the maintenance work has created a dangerous condition. Your first step is to talk to the landlord or property manager. If that doesn't solve the problem, then you can contact a local landlord-tenant lawyer. This said, your most expedient... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: In California in order to evict someone do u have to own the house

I have lived with my friend for 2yrs an her mom passed an had no will....an know her brother came over an said i have 30days can he do that

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

To evict someone you have to have a superior right to possession of the property than the person you are trying to evict, and the proper legal grounds to do so. If your friend's uncle has some ownership interest in the property, or he is acting on behalf of someone who does, then he likely can... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord bring future tenants to view property while I still live here?

The tenant sends me a text that they are coming to view the property. However she text me 30min-5hr before. Is she allowed to bring people to view the property and if so is there a certain amount of time she needs to give us before bringing people.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 16, 2019

Yes, she can show the property to prospective tenants while you still live there, but you are entitled to written notice, and 24 hours is presumed a reasonable amount of time. If you want to insist on your right to proper notice, you should carefully read Civil Code section 1954:... Read more »

1 Answer | Asked in Landlord - Tenant, Personal Injury and Sexual Harassment for California on
Q: What are my options as a tenant of a company which claims to find “suitable roommates” which are harassing me?

I rented a room w/ a company which advertises and states in their lease agreement to find “suitable roommates”. One of the roommates made advances of a romantic nature multiple times. I declined and showed disinterest each time. His behavior was unfriendly and a bit hostile, then became... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 1, 2019

send a letter memorializing the situation and then consider small claims action against both?

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: What can I do to get all my belongings stored on my friends mothers property? Since I moved they have denied me access?

The semi trailer that houses my stuff, belongs to the son, but the mother wont let me on the property to move my things. It's been a year and they have everything I own. I need to unload and move my stuff. Please help me. I've been disabled and I dont have the funds for a lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 31, 2019

you might try Small Claims Court in the jurisdiction of the home

2 Answers | Asked in Land Use & Zoning, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Do you have same rights as a renter, if you are offered Free Rent in exchange for labor fixing the house up?

Ive been offered a house Free Rent just to fix it up. It has a lot wrong with it. Needs toilet, tub put in, new electrical box, trees trimmed, trash cleaned up cause homeless have been coming and going. All kinds of things. I was told that even after everything is fixed I could stay there rent free... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 30, 2019

I see this pattern a lot in my business. Here is some advice to protect you. write a contract for a nominal rent. Have the landlady agree that you will charge market fees and that she will pay for all supplies.

Each month tally your work and then deduct the nominal rent. If there is a...
Read more »

View More Answers

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for California on
Q: Can my roommate sue me if I pack up and leave and refuse to pay rent?

My roommate for the past 3.5 months has been harassing me, and refuses to release me from the lease. She stands outside my room when I am home, pushes my door open, enters my room without permission when I am away ( I have footage), tells me I can no longer use her furniture (couch, table, trash... Read more »

William Earl Winfield
William Earl Winfield answered on Oct 29, 2019

Yes, your roommate (co-signer on the lease) could sue you for breaching your obligations under the lease. You would have a defense that your co-signer made it impossible for you to stay. You might win. Whoever wins may recover attorney's fees. It would be in everyone's best interest to make a... Read more »

3 Answers | Asked in Libel & Slander, Criminal Law, Civil Litigation and Landlord - Tenant for California on
Q: My friend destroyed my apartment and personal items in the place I was renting ended having to move can I sue him

He went to jail the night he was destructive to my home and is serving 3 years in county . He said he would help with damages and moving and will not now . My whole life was turned upside down and left me and my son homeless . I wasn't even home when he did what he did . I have pictures and he was... Read more »

William M. Weinberg
William M. Weinberg answered on Oct 24, 2019

This really isn’t a criminal law question. Of course, I would encourage you to file a small claims action against the landlord for stealing your deposit. I’m sorry all this is happening to you it must be incredibly stressful.

View More Answers

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Lived in apartment for 18 mo, repeatedly asked for repairs, continuously told to be patient, many more issues

Infested with bugs that have been here before i moved in

Infested!!! 1,000s of cockroaches floors are falling in roof is caving in, both entry points leak a water fall inside the house broken windows, no screens etc

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 23, 2019

Your landlord is violating the warranty of habitability. Take lots of pictures, if you are feeling sick due to the cockroaches' droppings and foul smell of the rats, go to the doctor. Do not forget to notify the management or owner of all your troubles. Ask them in writing to fix the problem.... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I got a 60 Day Notice to Quit for reporting a fire code violation at my building. Can they do that?

There's a habitability problem at this senior's complex. When I report anything to the manager, she thinks I'm a problem. I have a letter with all of the details, and pictures, I'd like to send you, if I can have an email address.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 10, 2019

Yes, they can do that. Is it legal. I would say no. Contact the nearest lawyer to you that litigates habitability issues and get an appointment. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: What rights do I have? Can I be evicted without going through the legal process in. The courts?

I rent two rooms from a man for my family of five. We are waiting for our new place to be ready. About another week or so. I have fallen behind on my rent to him. He has served me with a three day notice to perform or quit. Can he evict me without going through the courts and the legal process?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 8, 2019

No. He cannot evict you without legal process. However, if you explain you only need a week, you may save a bad reputation in the future. Talk first and avoid a legal eviction.

1 Answer | Asked in Landlord - Tenant for California on
Q: got a 24 hr notice to check unit they check apt said it smelled and then let a terminate tenacy 60 days with no reason

and no one will get back to us

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 7, 2019

Sounds extreme. Sometimes it is an excuse to evict you and rent apartment for a higher price. Do not stop paying rent. Best of luck!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: 60 day terminate tenacy notice

we pay rent on time or early 24 hr notice to check unit came in said it smelled and left then got notice

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 7, 2019

Need more facts.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can landlord put up outdoor gates with padlocks locking tenant out of parking space and entry to their rental?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 4, 2019

Yes, they have a right to provide security for their tenants. However, they do not have a right to lock out their lawful tenants. Ask Landlord for your key or call the police. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord make changes to my new lease and not tell me about these changes until the second i am about to sign it?

For the last 13 years my lease has been the same regarding rules. I have to renew my lease again but on this lease my landlord has made changes but i was not told about these changes until the very second i was about to sign the lease renewal. Knowing about these changes could have prompted me to... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Sep 29, 2019

Yes, but your landlord's actions demonstrate either a lack of professionalism or bad faith. I suggest you tell the landlord you need time to consider the changes to the lease and hold over on your current lease. Then study the changes and see if they are fair and reasonable, given your... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.