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California Landlord - Tenant Questions & Answers
Q: What are our rights for installing cameras in rented home without lease agreement in CA?

I have been renting a home with my father-in-law for 15 years. Recently, the landlord brought a woman to live in the house without our agreement, and she is causing problems. We've installed cameras for security, which do not show inside her room or the bathroom, and the audio is off. She is... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 3, 2025

The first issue to be addressed is the landlord's allowing a person to reside in the unit without your permission. As tenants, you have the exclusive right to occupy the unit, whether your rental agreement is oral or written. So the landlord may not just bring someone to live with you without... View More

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3 Answers | Asked in Estate Planning, Civil Litigation, Landlord - Tenant and Real Estate Law for California on
Q: Need help with father's trust and my rights as beneficiary in California.

I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More

Klaus Gottlieb
Klaus Gottlieb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2025

I’m sorry you’re dealing with this. As a beneficiary of a California trust, you have the right to receive a copy of the trust and to request information about how assets are being managed. If your sister is acting as trustee, she has a legal duty to act in the best interests of all... View More

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3 Answers | Asked in Estate Planning, Civil Litigation, Landlord - Tenant and Real Estate Law for California on
Q: Need help with father's trust and my rights as beneficiary in California.

I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 21, 2025

Consult with a probate litigation attorney right away to protect your rights. Your sister, if she is trustee of your father's trust, has fiduciary duties and obligations under CA law, one of which is to provide all beneficiaries with a copy of the trust. Time is of the essence as the longer... View More

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2 Answers | Asked in Landlord - Tenant, Criminal Law and Real Estate Law for California on
Q: Can I be evicted for alleged drug activity without proof?

Can I be evicted for an alleged incurable breach of covenant related to illegal drug activity, even if there is no proof? I have never been convicted of drug-related offenses and have received a 3-day notice to quit for the breach without any prior communication from my landlord.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on May 9, 2025

If there is absolutely no evidence, then you can not be evicted for violating your rental agreement. However, there is no requirement that the evidence includes a criminal conviction. If you contest the eviction in court, the landlord will have to prove that it is more likely than not that you... View More

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2 Answers | Asked in Landlord - Tenant, Identity Theft, Civil Rights, Real Estate Law and Consumer Law for California on
Q: Can I sue my landlord for an illegal eviction due to court paperwork errors and damages in CA?

I was evicted from my apartment in Ventura, CA, but the court papers contained the wrong apartment number (210 instead of 201). During the court proceedings, I wasn't allowed to speak or present evidence. The eviction was prompted after I provided proof that my neighbors were using my... View More

Louis George Fazzi
Louis George Fazzi
answered on May 8, 2025

I suggest you contact a tenant's rights lawyer as soon as possible to get help setting aside your eviction judgment on the grounds of fraud and/or mistake, based on the erroneous listing of your apartment. A good lawyer in that situation could leverage that case into a position where you could... View More

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3 Answers | Asked in Personal Injury, Landlord - Tenant, Civil Litigation and Real Estate Law for California on
Q: How to void a release signed under pressure due to health issues from toxic mold?

I signed a release in January 2024, under financial pressure, regarding my rental unit that was contaminated with toxic mold, including Chaetomium, E. coli, and lethal endotoxins. This contamination has greatly affected my 10-year-old and 4-year-old children's health, causing severe long-term... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 29, 2025

A change in circumstance is not a valid reason for rescission. If it can be show that there was unlawful duress, it is possible a lawsuit or motion could be successful. But the requirements are stringent as setting aside agreements are un-favored. The facts of the toxic mold case would be... View More

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3 Answers | Asked in Landlord - Tenant, Contracts, Employment Law and Real Estate Law for California on
Q: Does an employer need to file eviction for me to vacate after job termination?

I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More

Neil Pedersen
Neil Pedersen
answered on Apr 23, 2025

Lodging that is part of the employment bargain is treated differently than a normal lease situation. The right to stay in the lodging can be terminated immediately upon the termination of the employment. Sorry. The employer can oust you immediately. Good luck to you.

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3 Answers | Asked in Landlord - Tenant, Contracts, Employment Law and Real Estate Law for California on
Q: Does an employer need to file eviction for me to vacate after job termination?

I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More

Maya L. Serkova
Maya L. Serkova
answered on Apr 23, 2025

Your right to remain in the apartment ends when your employment is terminated. You are required to vacate the premises by the deadline provided by your employer. If you fail to move out by that date, the employer may initiate an unlawful detainer action against you. Best of luck.

Sincerely,...
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2 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for California on
Q: Rights regarding rental house and responding to DV restraining order.

I rented a house with the mother of my daughter, with her signing the lease first and me second. At that time, I was the sole breadwinner, covering most of the deposit and bills, while even having to get early paychecks to secure the house. Now, she has a restraining order against me, alleging... View More

Mario Tafur
Mario Tafur
answered on Apr 7, 2025

Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Identity Theft, Real Estate Law and Consumer Law for California on
Q: How to safeguard lease agreements with tenants using different last names?

I am a landlord of a small family commercial retail space considering a potential tenant application. The applicant has two last names: one on state documents like their driver's license and US passport (which they claim is their birth last name), and another on years of IRS tax filings and... View More

Shawn R. Jackson
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answered on Apr 1, 2025

On the assumption that you want to bind "all" tenants and individuals occupying the space, you will want all names and any "aliases" that they may be using. One of several "focus points" you will want as the landlord in the lease, along with any personal guarantees ...... View More

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for California on
Q: Can my landlord charge a lockout fee not in the lease in Los Angeles?

I am a tenant in Los Angeles, and my landlord has posted signs around the building that lockout fees will be charged, even if a locksmith is not needed. This fee was not mentioned in the lease agreement when I signed it. Is it legal for my landlord to impose such a fee?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 28, 2025

If a landlord wants to change a lease term, written notice is required in most cases. However, as you state, nothing is stated in the lease regarding such a charge. Since a landlord is not required to let a tenant in, there is nothing keeping them from charging for such a service. If you get locked... View More

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3 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: How to pursue compensation for injuries from apartment fall in CA?

I am 57 years old, and on February 28, around 8:20 pm, I fell off a curb on a dark walkway at my apartment complex, injuring my right knee, hip, and lower back. Although there's no external bruising, I was in significant pain and visited Kaiser's emergency room. I called my son to help me... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Mar 20, 2025

Most attorneys in CA will take an injury case like this on a contingency fee basis, meaning you will only pay the attorney for their time after the case settles or a judgment is obtained in your favor after trial (if a lawsuit is filed). One of the key threshold questions, however, will be... View More

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2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Can I sue my landlord in California for fraud due to breach of rental agreement?

I rented a house from my landlord under an agreement stating I would be the sole occupant. However, two days after moving in, a young woman moved into the property, and I was not informed. My contract and the Zillow advertisement did not mention shared housing. The situation has caused significant... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2025

That's a definite maybe. It's unclear what you may recover once you prove your case and if you do not have an atty fee clause IN the written lease, it may be hard to even find someone to represent you. Depending on what your lease says in describing the tenancy and the space you have... View More

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2 Answers | Asked in Child Custody, Landlord - Tenant and Family Law for California on
Q: Can my boyfriend's parents evict me from their property in California?

I live in a travel trailer owned by my boyfriend's parents on their property, along with my boyfriend and our baby. My boyfriend's parents are filing for custody of the baby, but they're pretending my boyfriend is initiating it. The custody paperwork states we are... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 11, 2025

Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More

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3 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is it legal to install a security camera in a shared garage despite policy prohibitions?

I rent an apartment with a shared garage, and I'm considering installing a security camera in the garage. However, there's a policy in place that prohibits surveillance devices. There are currently no other security measures in the garage. Is it legal for me to set up a camera without the... View More

William John Light
William John Light
answered on Mar 10, 2025

A policy is not a law, so violation of a policy is not illegal. However, it is illegal to record another person who has a reasonable expectation of privacy, like in their home. Whether that applies to a common garage is unknown, but since there is a policy that prohibits surveillance devices,... View More

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2 Answers | Asked in Landlord - Tenant and Consumer Law for California on
Q: Is there a cap on storage unit rent increases in California?

I rent a storage unit for $249 per month, and they recently increased it to $307 per month. This is the third rent increase within the first year of renting, and I have not received any written notice for any of these increases. When I spoke to management after the second increase, they said... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 3, 2025

Feels like a bait and switch. THAT said, regardless of any CAP, it's HIGHLY likely that they must give you 30 day notice prior to raising the rent. One way to get them is to take your biz elsewhere and get the initial teaser rate...

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3 Answers | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Contracts for California on
Q: Seeking guidance on personal injury tort case in California, self-represented.

I am representing myself in a personal injury tort case due to inability to find counsel. My complaint includes causes of action such as harassment, implied warranty of habitability, utility shut offs, malicious prosecution, breach of contract, and conversion of personal property. I've drafted... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 25, 2025

Personal Injury (PI) attorneys work on a contingency fee basis, which means they only get paid if they win your case. Kind of similar to a Realtor who only gets paid if they sell your house. So, if you had a strong PI case, with a $4mil. valuation... AND puni's, against a financially strong... View More

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2 Answers | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Concern over missing Proof of Service of Summons in eviction case

I hired a new lawyer just 24 hours before my first court appearance for an eviction case. During this appearance, the judge confirmed my jury trial request and granted my lawyer 30 days to prepare, despite the landlord's objections. I assumed that the absence of a Proof of Service of Summons... View More

William John Light
William John Light
answered on Feb 19, 2025

You appeared at the hearing. That is a general appearance, and absence of Proof of Service of the Summons is not in issue. If you think that picking at every minor detail is how attorneys present a case, or a defense, you are going to be very disappointed.

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Personal Injury for California on
Q: Verbal lease eviction for apartment caretaker in CA, refusal to vacate, property threats.

I left someone in charge of my apartment for 13 months under a verbal agreement that she wouldn't pay rent but would collect rent from my occupants, deposit it into my bank, and I'd handle rent payments online. I informed her on January 4, 2025, that I was returning in February and that... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 14, 2025

This topic came up under personal injury. Please note... this matter involves Landlord Tenant law. I would not try this yourself. If your tenant was cooperative then it would be fine, but you are going to have problems. Hire an unlawful detainer lawyer. I don't work in this area of law but I... View More

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3 Answers | Asked in Family Law, Landlord - Tenant and Probate for California on
Q: My brother passed away this week in his Apartment. I want to get access to his apt. to retrieve personal items.

What are my rights? He did not have a will

Ravi Patel
Ravi Patel
answered on Feb 1, 2025

I am sorry for your loss.

Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.

If you are...
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