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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: im living in a house in forclosure from the deceased owner, my significant other. His estranged wife enterd without me.

she has enterd by forcing the locks or the back door and ignored my no tresspassing sign and my direct statement to her telling her not to enter when im not home.

is this not a missemeanor? last night she remained in the house for some hours and i had to sleep elsewhere to avoid confrontation

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2021

sounds like a Trespass and i would have called the police.

however, this site is really for those doing the wrong thing, not the victims.

1 Answer | Asked in Business Formation, Business Law and Landlord - Tenant for California on
Q: If I’m renting a workspace biweekly and I sign a contract stating I have to give a 45 day notice, is that binding/legal?

Since I rent biweekly shouldn’t I only have to give a weeks notice?

Julie King
Julie King answered on Nov 17, 2021

People are allowed to enter into contracts providing any terms they want, so long as the terms are legal (i.e., if you had a contract to murder someone, the terms would not be legally enforceable in court.) Since it’s perfectly legal to include any number of days’ notice prior to termination,... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: can I counter sue my ex roommate for not following our agreement. He had two people move in and never paid rent.

So my roommate is trying to take me to small claims court, says I didn’t pay rent a couple months, but I did it was late a couple times and others I have paid in cash. (No receipts) but he also broke our agreement and let two people move in without paying any rent for a whole year. When our... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

The short answer is, yes, you can counter sue him in small claims court. Look at your Court's website for information on how to do that. The bigger question is how do you think you can prove that you made the payments, in cash with no receipt? Paying cash can be good but you always get a receipt.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my apt manager tell us not to run, use scooter etc (kids) in our apartment building because it disrupts others?

There’s a sign that says no running, no scooters, no bikes roller skates etc on the building wall. And today we got a letter posted (all apartments) saying that some of us are breaking the rules and that we signed a contract and if we keep violating the rules they’ll take further action. Now... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

Your rights and obligations are defined by the rental agreement/lease. If there is a requirement that you abide by the rules of the complex, you have to abide by the rules of the complex- unless those rules violate some other law. You may be dealing with harassment/discrimination that would... Read more »

2 Answers | Asked in Civil Rights, Landlord - Tenant and Small Claims for California on
Q: What actions do we as tenants take if landlord/management hasn’t handled rodent infestation for over a month and a half?
Louis George Fazzi
Louis George Fazzi answered on Nov 16, 2021

You can contact the Los Angeles County Health Department and report the infestation. They will most likely come out and do an investigation or evaluation and take remedial steps to stop the infestation, because it is a health issue. Then you can inform the landlord of what she should have done.... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord straight up missed the 21-day deadline in CA to return security deposit and itemized list of by a full week.

Landlord straight up missed the 21-day deadline in CA to return security deposit and itemized list of by a full week. They printed invoices with bulk items such as 22 1/2 hours for "deep cleaning" or 1200 in wall repairs without itemizing each individual thing that was repaired, exactly... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

File a Small Claims case. The judges in SC are very strict about the procedural requirements. Be aware the LL can file a counter claim for damages, not subject to the 21 day rule. Negotiate a compromise to pay the "legitimate" deductions and get a refund for the rest.

1 Answer | Asked in Landlord - Tenant for California on
Q: Why can my landlord viololate me for missing hub cap

They tried to serve me 3 day notice after i paid rent and charge me more money for something that i didnt owe im only 23 and i work hard to make ends meet i want to know my rights

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

As a Tenant, most of your rights are contained in your rental agreement or Lease. Both you and the LL have rights stated there. The LL gave you a 3 day notice to correct or quit because of a missing hub cap on your own car? I have never heard of such a notice, and cannot imagine a provision in a... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My client has a squatter who is in his home and will not leave. My client lives there also also.

The squatter does not pay for anything in the house. What can we do to get him out? My client the owner of the house who also lives there is disabled.

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

This sounds like an odd situation, with the owner living with the squatter. If he really wants the squatter out, provide him with 7 days notice to vacate the premises, and that after that he will be considered a trespasser. After 7 days, contact the local Police for assistance.

2 Answers | Asked in Criminal Law and Landlord - Tenant for California on
Q: if a safe is bolted to the floor of an apartment can the police search the safe

If I rent an apartment and and it has a safe that has been bolted to the floor it's not mine do the police have jurisdiction to search it

Dan Moseley
Dan Moseley answered on Nov 4, 2021

With a valid warrant, yes. Without a warrant but where there exists what the law calls "exigent circumstances," yes. But also in the law, everything is in the details, and so it is possible that the search may have been unlawful. So for a reliable answer to your question, the details of... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: How to move Grandpa in our rental house if we have tenants on a lease until Feb 2021???

Our Grandpa needs care, my brother and I live on the same block as the rental house we have, and we love our Grandpa! The tenants we have are there until Feb, but Grandpa needs housing by the end of November. How do we get the tenants out? They are good tenants, but Grandpa is way more important... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 1, 2021

If you have a valid lease with your tenants which runs through February, 2022, you can't force them to leave before then. A lease is a contract. Your best course may be to try to negotiate a buyout.

1 Answer | Asked in Landlord - Tenant for California on
Q: Do you need to send tenant Right to request a move out inspection walk through if you or not doing walk thru do to covid
Hasti Rahsepar
Hasti Rahsepar answered on Oct 27, 2021

Yes absolutely. It is a statutory requirement. If you offer and they decline because of COVID-19 , that’s fine, but you still have to offer a walk through at least two weeks before the vacate date.

Thank you

HDRLAWGROUP

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Does the owner of a have the right to not extend my stay When I have done nothing wrong in California

Evolve did nothing wrong or violated any of their procedures or rules of a hotel can a owner of a hotel decide not to extend my

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

This isn't an injury question but a landlord tenant question.

A hotel owner is not required to continue a room booking. However, in today's world, with hotels becoming more residential, under California law you may have a tennancy right. I urge you to contact a legal aid office...
Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: Search and sezure

I have a 40 foot sea container on someone's property and I pay them rent each month we have a signed rental agreement the owners son lives on the property in a house the police raided the house yesterday and the proceeded to cut the lock box off of my container and searched through my stuff... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2021

more info is needed.

is this a container you live in or store things in?

a lawyer would have to look at what I assume was a search warrant, how broad it was and what is was for.

1 Answer | Asked in Landlord - Tenant for California on
Q: Commercial tenant abandonment/early lease term. Are they legally responsible for remainder owed on lease (10 mos)?

Our tenant wrote us a letter stating they can no longer operate their business on our property and mailed it to us along with their key. Their lease agreement doesn't end till July 2022. On the lease it states all parties will not seek court action and will seek mediation /arbitration to... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Sep 23, 2021

Generally, a tenant is responsible for the full lease term, BUT the landlord must reasonably attempt to "mitigate" the damages. That means the landlord should try to rent out the space once the tenant has left. IF (the language in the lease is very important) the parties have agreed to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord raise our rent 10% for an additional tenant even if one of the previous tenants moved out?

We originally had 4 adults listed on the rental agreement but one of them moved out, and we are attempting to have somebody move in to take their place; however, my landlord is insisting on a 10% increase to the rent if a new tenant moves in. Rent was already increased last month and the month... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Per Civil Code § 1947.12, NO, but there is a whole list of exemptions and exception. But this statute specifically covers your situation and the law limits rent increases to 5% every 12 months, unless EVERYONE moves out and there is a new lease. You don't say how much he increased the rent... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can my landlord charge me per night for having a guest stay in my unit for a week?

I live in California. I rented a 1br/1 ba appt and signed a lease stating that if I had unregistered guests that I would be charged $30/night (per the lease I am allowed 2 guests every month for a maximum of 2 days). Over word of mouth when I signed the lease, he told me that it was not enforced... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

If you signed a lease that says you would be charged, then you were aware of the "potential" fees. It also sounds like you breached the lease agreement by letting your friends stay more than the allotted "2 days" per month, and sounds like you further operated in bad faith by... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can my ex roommate sue me?

my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: When is it possible to get out of or dissolve a signed contract?

I only lived in an apartment for 1 day before deciding to move out. I signed the contract regarding security deposits but I think it's unfair that I don't get at least a portion of it back because I lived there for such a short amount. Additionally, the house owner breached verbal... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

If you signed the lease for the month and there was no official foul play, then you are committed to paying for the month, regardless of how long you decided to live in the apartment. The landlord has committed that month and has no duty to replace your monthly contract.

In regards to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How do I evict someone who isn’t on my lease or doesn’t pay rent

She is blackmailing me and threatening too

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

She is your sub-tenant. Check your lease to see if you need permission for a subtenant. How to evict her? Start with a notice of termination of tenancy- 60 day notice, and serve her a 3 day notice to pay rent or quit. If she does not pay the rent, you can file a UD action against her in the local... Read more »

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