Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.
The landlord filed a motion-to-vacate the Court’s ruling,... View More 
answered on Dec 4, 2024
I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More
Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.
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answered on Nov 3, 2024
This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.
Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.
First, the landlord... View More
The sibling has been difficult. Has changed things, like the locks, without consent. They have thrown things away that belonged to our parent. They have someone living there without my consent. They have no claim to it. They have done very minor up keep and repairs, but, again, without consent or... View More
answered on Oct 2, 2024
If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:
Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More
We are renting out a house. We were planning on moving out soon. We made a security deposit of $3500 when we first moved in. The contract expires on the 30th of September. We asked the landlady to use our security deposit to pay rent for just a few weeks in October while the new place gets ready.... View More
answered on Sep 28, 2024
You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More
fell into a man hole type thing at my condo/apartments I live in
I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches
Im super sore and since I feel I keep seeing spots and hearing pounding.
This is something that just happened.
answered on Sep 12, 2024
That sounds like a case, although property owners have a defense they like to refer to as "open and obvious", so photographs of the area where this opening was will be important to discover why it wasn't conspicuous to explain why you fell into it. Also, medical evidence of injuries... View More
fell into a man hole type thing at my condo/apartments I live in
I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches
Im super sore and since I feel I keep seeing spots and hearing pounding.
This is something that just happened.
answered on Sep 12, 2024
You have a great case. You are entitled to money for your medicals, loss of earnings, pain and suffering etc. You need to contact anyone of us on Justia for a free consultation ASAP. It is important what doctors you see so you can prove your injuries .
One of the two defendant filed answer for the first eviction I filed. Is defendant required to file answer for amended complaint, if so, how many
days does defendant have to file answer?
Also, do I have to wait for both defendants named on the eviction to answer before requesting... View More
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answered on Jul 26, 2024
In San Bernardino County, under California law, a defendant generally has 30 days to respond to an amended complaint. This timeline is the same as for the original complaint unless the court orders otherwise.
If a defendant has already answered the initial complaint, they are required to... View More
My vehicle was towed at 1:11 PM, I arrived home from work at 12:25 PM July 3, 2024. I parked in my assigned parking. Management is aware of my vehicle's information in the rental portal which was provided the day I moved in. The tow company along with management did not call or knock on my... View More
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answered on Jul 26, 2024
Under California law, a tow company or apartment management can tow your vehicle from an assigned parking space, but specific conditions must be met. Generally, they need to provide proper notice and have a valid reason for the tow. If your vehicle information was provided and you were parked in... View More
My landlord was informed immediately of the water issue. And took over two weeks to install new water heater, after which kept saying he needed to "adjust the temperature" until mine was hot. Each "adjustment" took days. After the hot water heater was replaced, it cause my... View More
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answered on Jul 26, 2024
Under California law, if a rental unit is uninhabitable due to the landlord’s failure to provide essential services such as hot water, you may not be responsible for paying rent for the period the unit was uninhabitable. Given your situation, with no hot water for 22 days in June and ongoing... View More
A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More
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answered on Jul 26, 2024
To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More
I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More
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answered on Jul 26, 2024
Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More
Since I don't pay rent can the landlord just throw me out? What are my rights s a person providing assistance (everyday ADLs for disabled elderly woman, maintaining entire homes cleanliness, and preparing/cooking all meals etc) in exchange for no monthly rent?
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answered on Jul 25, 2024
Under California law, even if you do not pay rent, you have certain rights as a tenant due to the verbal agreement and the services you provide in exchange for housing. This arrangement can be considered a form of tenancy, which means the landlord cannot simply throw you out without following... View More
The master tenant is moving out at the end of the month. However, her mother (not on the original rental agreement) is now living in the rental, has no income, and no place to go. I am ok with her staying a couple months until she can find a living situation, but should I write up a formal... View More
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answered on Jul 25, 2024
Under California law, it is advisable to create a written agreement if you allow someone to stay in your rental property who was not on the original lease. This helps protect your interests and clearly defines the terms of the temporary arrangement. Without a written agreement, you risk potential... View More
Tenants gave his 30 days notices on June 2nd verbally, then written on the 3rd @ 10am. He waited till July 1st to move his things and left the carpet w/ mold & rust on it. Destroyed my curtain he wanted to keep in there and broke my bed he asked to use so he didn't have to get his bed from... View More
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answered on Jul 25, 2024
Under California law, a landlord has the right to retain a portion or all of a security deposit to cover the cost of damages caused by a tenant beyond normal wear and tear. If the tenant left mold, rust, a broken bed, and damaged curtains, these are considered damages that go beyond what is... View More
False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More
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answered on Jul 24, 2024
I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More
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answered on Jul 24, 2024
As a property owner in California, you cannot demand service dog registration papers from potential renters. According to the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), you are required to make reasonable accommodations for individuals with disabilities, which includes... View More
unsealed windows , and landlord knew these conditions existed prior to lease. can i seek punitive damages. paid 6 months rent in advance and suffered thru snow and freeze in winter.
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answered on Jul 24, 2024
Yes, you can potentially sue your landlord for the issues you've described. In California, landlords are required to provide habitable living conditions, which include proper insulation, heating, and sealed windows. The problems you've mentioned—missing insulation, unsealed windows, and... View More
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answered on Jul 24, 2024
Under California law, landlords are not legally required to provide storage for tenants unless it's specified in the rental agreement. If your lease includes provisions for storage, the landlord must honor that agreement and maintain the storage space as described.
If there is no... View More
I live in a very unique situation where three roommates have been on a lease for 3 years now. The original lease stated we must cover the rent if a roommate leaves and recently we were able to update this term with the landlord. Our lease expires on Oct 1 2024 and the landlord told me today that... View More
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answered on Jul 23, 2024
Under California law, a landlord is not obligated to renew a lease once it expires. When a lease term ends, the landlord has the right to decide whether or not to renew it, and they can choose not to renew for various reasons, including the fact that other roommates are moving out.... View More
In the final settlement letter received after 21 days they say I owe an additional 1245 dollars. They have charged me for repainting, deep clean, carpet shampoo, etc so many cleaning related charges. I have stayed there just for a year and the condition I left apartment was fairly decent.Also my... View More
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answered on Jul 23, 2024
Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court... View More
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