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California Landlord - Tenant Questions & Answers

1 Answer | Asked in Landlord - Tenant for California on

Q: Hello, I have a year lease on house, and there's no verbage stating if I break it early. Can I leave the lease

I live in California and I might have to break my year lease early on my house that i'm renting. There is no verbage stating in the rental lease agreement say they will do anything if I break it early. If it's not in the lease saying they will do anything if I break the lease early, can I break it... Read more »

Gerald Barry Dorfman answered on Jun 7, 2019

No. If you break the lease you will be responsible for contract damages. Typically, for a lease, this would be rent until the place is re-rented, plus any costs associated with re-renting early. If your lease contains an attorney fees clause, you could be responsible for those as well.

2 Answers | Asked in Contracts, Business Law, Land Use & Zoning and Landlord - Tenant for California on

Q: I live in a mobile home park. There is a stream that runs under my mobile home. A walk bridge is build directly behind

my Mobile home. I pay rent on space. The bridge is rotten and needs repairs. Am I wrong thinking the park owners are responsible for repair?

Manuel Alzamora Juarez answered on Jun 6, 2019

No. Your park owner has the responsibility of maintaining his property.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: Who has the legal right to initiate a 60 day to vacate?

How do I know if the 60 day notice to vacate property is legit if I haven't been informed nor has it been mentioned by my landlord/owner of property and the notices I have received were not signed by the landlord nor anyone else

Thomas A. Grossman answered on Jun 4, 2019

If you have a lease, then you should be given 60 days notice to vacate the property. Only an original, signed Notice is valid. If you only received unsigned copies, they can be ignored. I would point this out to the Landlord and make him give you another full 60 days before vacating the... Read more »

2 Answers | Asked in Bankruptcy, Foreclosure and Landlord - Tenant for California on

Q: I have a question my landlord lost the house he still wants us to pay him the rent . What can I do he's not the owner ?

Theodore Allan Greene answered on Jun 4, 2019

When you say he "lost the house" do you mean the bank foreclosed on him? If so then don't pay him. Wait for the bank to contact you most likely through a real estate agent. Unless someone bought the house through a foreclosure sale - then they should contact you. But if the owner/landlord still... Read more »

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1 Answer | Asked in Landlord - Tenant, Real Estate Law, Consumer Law and Contracts for California on

Q: DOES ANYONE ANSWER LANDLORD/TENANT QUESTIONS? OR ARE MY QUESTIONS ASKED INCORRECTLY?

Bruce Alexander Minnick answered on May 30, 2019

Perhaps if you STOPPED YELLING some California landlord/tenant lawyers might respond?

1 Answer | Asked in Landlord - Tenant for California on

Q: Moving out at end of month an landlord has threatened to call police if not out by the 1st. Can he do this?

We are current on rent, he comes in with realtor without 24 hour notice, and verbally told us in the past we could use the 1st and 2nd of month to move out. He is upset we realized he was coming in to house while we were at work to work on the house and show the house w/realtor, so we demanded 24... Read more »

Manuel Alzamora Juarez answered on May 29, 2019

This answer is for all tenants who are abused by pushy landlords. No landlord can force you or enforce an illegal eviction. The court will not stand for it. If someone threatens to evict you by next day. Tell them to talk to your lawyer. Preferably a tenant lawyer in your city. You will win... Read more »

1 Answer | Asked in Landlord - Tenant for California on

Q: In a 55+ community, can a landlord have a bolt lock on the front door that can only be accessed inside & out w/ a key?

That is the only lock on the front door - the doorknob does not have a lock. The only other doors are sliding glass doors that open to walled-in patios. In case of an emergency, tenant must locate the key to unlock the front door.

Manuel Alzamora Juarez answered on May 27, 2019

I believe that you have a dangerous condition and should report it your landlord and then your lawyer. Best of luck!!!

2 Answers | Asked in Landlord - Tenant for California on

Q: Rented house for 24 months @ $4,250/month, but landlord is increasing rent $127/month just 12 months in. Can he do that?

My lease clearly says "Tenant agrees to pay $4,250 per month for the term of the Agreement." And, "This Agreement shall terminate on May 31, 2020." Can I fight this? Is there anything I should be aware that he could do if I don't pay the increase?

Gerald Barry Dorfman answered on May 23, 2019

An attorney would have to look at the lease to form a definitive opinion, but generally a lease for a set time is a contract which can not be unilaterally changed by one of the parties. It's hard to predict what he could do, since it appears he is not being rational in regard to the rent increase.... Read more »

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1 Answer | Asked in Landlord - Tenant for California on

Q: I was living with my mom until she passed two months ago. I would like to know my rights since my sister sold the house

My sister who did not live in our moms home. But a couple weeks after our mom passed my sister told me i had to be out in 10 days. She stated the person she sold it to told her to let me know he was going to change house locks. I have never met the man who my sister sold moms house to. I never had... Read more »

Manuel Alzamora Juarez answered on May 20, 2019

You need to ask her for your mother's will or trust, If she refuses she may be violating the probate code. Hire an attorney or go to the courthouse and do a search for a will or trust document that has been filed on behalf of your mother. You may also hire an attorney to help you with this... Read more »

1 Answer | Asked in Landlord - Tenant for California on

Q: We have bees in one of the walls in our apartment. What rights do we have as to how the removal and clean up is done?

The owners plan to have the bees killed by spraying something into the wall. Then they plan to tear out the wall INSIDE our apartment to clean everything out. We would prefer that they have the bees removed alive. And we would most certainly prefer that they do the clean up from outside. They say... Read more »

Manuel Alzamora Juarez answered on May 10, 2019

Call the animal protection agency. Best of luck

1 Answer | Asked in Landlord - Tenant for California on

Q: There is a strange smell in my new apartment making me sick that my landlord refuses to address, i had to move out

Manuel Alzamora Juarez answered on May 8, 2019

It may be too late to complain now that you have moved out. It is always preferable to call the City inspectors, get the reports and pictures ready, visit your doctor and then move out. Best of luck.

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Landlord - Tenant for California on

Q: As a owner of a private business,Can the side walk venders set up on my property?

Thomas A. Grossman answered on Apr 22, 2019

It is my understanding that sidewalks in front of stores are open to the public. However, if someone is operating a business right in front of your business, and is blocking the sidewalk or simply being annoying, I think you can report it to the City or even call an officer to remove the offending... Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for California on

Q: Cancelling a lease agreement.

I am a landlord and have a vacation rental agency leasing our home. I worked with an individual at the company to sign a lease. Six months later I asked the same individual if they would be willing to allow us to buy out the lease and if so, how much. This individual said he needed to consult with... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on

Q: Case was dismiss without prejudice to PLTF. Can a 2nd demand notice Be sent out before 1st judg. Is filed?

Kenneth Sisco answered on Apr 4, 2019

If your case was dismissed without prejudice, there will be no Judgment, and you may proceed in any way you please within the law; you simply need to start over.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for California on

Q: Hello, What is the standard buyout amount to be paid to a family to leave their apartment? Thank you!

Kenneth Sisco answered on Apr 3, 2019

I have never heard of a "standard buyout," nor have I ever seen any kind of guideline. The concept is usually referred to as "cash for keys," and it is totally subjective. If you can get your tenants to move out in a relatively short time, and leave the premises "spotless," that is worth a lot of... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on

Q: I've been living in this house since 2014 is now 2019 I have tried to work with the landlord to fix certain things in hi

I have no heat water leaks from the ceiling the light fixtures you can cut the lights on when it rains cuz the water come through the lightbulb the world least outside I have mold in it in the garage on complete bathroom in the garage windows missing holes in the roof I've been living like this... Read more »

Manuel Alzamora Juarez answered on Mar 30, 2019

You need to hire an attorney ASAP. Best of luck.

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on

Q: Can I sue my landlord for breach of contract emotion distress among other things as well. My landlord will not honor

Our agreement on my having my bf sleepover on occasion.we agreed that he'd pay $20 per night it was never discussed any limit or that special rules . I even asked so we could be clear on all the rules my landlord refused to discuss it and for.now reason now banned him from.evrn coming into the... Read more »

Manuel Alzamora Juarez answered on Mar 27, 2019

Your landlord is a jerk and may be acting illegally. You have a right to have visitors in your apartment. If you rent a room in his house, that may be different. If he interferes with your BF visiting you, notify him that he is not staying overnight. See what he says about that, If he says he... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: I have a slumlord March 5th apt complex of 12 units was told by city of Sanger ca to evacuate due to electrical boxes in

The back where this took place ceiling had lifted up away from walls s owner offered no help city of Sanger posted unsafe signs on all units failed to shut off water ND power police did no investigation they all said it was due to rain section 8 for failing to notice both extinguishers were almost... Read more »

Manuel Alzamora Juarez answered on Mar 27, 2019

The building owner is definitely in violation of the warranty of habitability and the tenants are entitled to damages. The facts are somewhat unclear but the City inspectors should be called to make a written report and the landlord should be put in notice to arrange for temporary lodging for the... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on

Q: i was served an unlawful detainer,i filed an answer and i received a form stating:

please take notice that an order to show cause re: dismissal has been scheduled 04/04/2019 department N18 north justice center..does that mean the detainer was dismissed or my answer.. case number: 30-2019-01043992-cl-ud-njc

Manuel Alzamora Juarez answered on Mar 26, 2019

No. That means that your hearing will happen on 4/4/2019. be ready to argue your case on that day. Do not be late. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on

Q: Before I moved out of my previous home I asked the landlord to do a move out inspection she declined . What can I do?

I received my security deposit refund and there were deductions that could have been avoided if she would have given me a move out inspection. She also charged me for a new smoke alarm , painting of kitchen and a large cleaning fee.

Manuel Alzamora Juarez answered on Mar 25, 2019

Send her a certified letter that she needs to refund your deposit with interest in full. Tell her that what she is dingbis a violation of the law. Give her a day like 6 days from receipt of your certified letter to refund your monies owed. If she dies not comply with the law, sue her innsmall... Read more »

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