California Landlord - Tenant Questions & Answers
Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered
3 Answers
| Asked
in
Personal Injury, Products Liability and Landlord - Tenant
for
California
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
William John Light's answer
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/
Q: What about breach of verbal contract? How can you say verbal agreement means nothing?
1 Answer
| Asked
in
Real Estate Law, Civil Rights, Constitutional Law and Landlord - Tenant
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....
Q: What motion can I file at this point? Originally my mom was being sued by a tenant in common.
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
California
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
Thomas A. Grossman's answer
There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else? And why is the plaintiff not in jail if someone murdered your father after being induced by the plaintiff to take a new job? Is there a criminal investigation going on? Where is the property located? Whose names are on...
There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else? And why is the plaintiff not in jail if someone murdered your father after being induced by the plaintiff to take a new job? Is there a criminal investigation going on? Where is the property located? Whose names are on...
Q: I rent a room in my landlords home. I installed a locking doorknob when I moved in and I have the only key.
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
California
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
Thomas A. Grossman's answer
Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days are up you can stay or go. In busy resort areas, you may have to leave on your last day if the Hotel is booked up.
Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days are up you can stay or go. In busy resort areas, you may have to leave on your last day if the Hotel is booked up.
Q: Can a landlord deny you based on age even if you make well enough for rent?
Manuel Alzamora Juarez's answer
If you are already a tenant just continue paying the rent. Worry about your age and income when they question you. Best of luck!.
If you are already a tenant just continue paying the rent. Worry about your age and income when they question you. Best of luck!.
Q: CAN THE OWNERS OF MY MOMS HOUSE REFUSE TO GIVE HER A COPY OF HER LEASE AND DEMAND HER SIGN A NEW ONE FIRST?
2 Answers
| Asked
in
Consumer Law, Contracts and Landlord - Tenant
for
California
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Scott Richard Kaufman's answer
Legally? I'd say "no." Make sure to have her communicate ONLY IN WRITING going forward.
Legally? I'd say "no." Make sure to have her communicate ONLY IN WRITING going forward.
Q: Are there Attorneys who take clients who have communication disabilities? It is a complicated tenant lanlord case.
1 Answer
| Asked
in
Landlord - Tenant, Libel & Slander, Real Estate Law and Contracts
for
California
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Timur Akpinar's answer
You could contact the State Bar of California, which has an attorney referral service. You could check with them if they are able to identify attorneys under these attributes. If you are able to conduct independent searches on your own (you mention the difficulty of doing this) or with the assistance of someone else, you could attempt searching for attorneys who have configured their operations to accommodate communication and other online accessibility issues. This is an area which is seeing...
You could contact the State Bar of California, which has an attorney referral service. You could check with them if they are able to identify attorneys under these attributes. If you are able to conduct independent searches on your own (you mention the difficulty of doing this) or with the assistance of someone else, you could attempt searching for attorneys who have configured their operations to accommodate communication and other online accessibility issues. This is an area which is seeing...
Q: I have only a verbal agreement with my landlord whom I rent 2 bedroom from for the last 4 years we have have made
1 Answer
| Asked
in
Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims
for
California
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Are you renting on a month-to-month basis? If he's violating your verbal agreements or written agreements via text, you might have a basis to sue for breach of contract. You might want to have a lawyer review your facts and possibly try to negotiate a resolution with the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Are you renting on a month-to-month basis? If he's violating your verbal agreements or written agreements via text, you might have a basis to sue for breach of contract. You might want to have a lawyer review your facts and possibly try to negotiate a resolution with the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Q: I live with my tenants. One of them gave his girlfriend a key and access code to the house. Can I say no?
Ali Shahrestani, Esq.'s answer
If you didn't make a proper lease contract with your tenants, that may have complicated the issue. Next time, consult with an attorney to help you draft a thorough lease to help avoid such problems. If he's provided a key to his guest who is generally living in the home, you may be able to ask him to stop depending on the facts and the content of your lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
If you didn't make a proper lease contract with your tenants, that may have complicated the issue. Next time, consult with an attorney to help you draft a thorough lease to help avoid such problems. If he's provided a key to his guest who is generally living in the home, you may be able to ask him to stop depending on the facts and the content of your lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
Q: Signed lease on 1/10, days later learned they are fumigating building.. why didn't landlord tell me? what are my rights?
1 Answer
| Asked
in
Civil Litigation, Contracts and Landlord - Tenant
for
California
on
Answered on Jan 20, 2019
Answered on Jan 20, 2019
Gerald Barry Dorfman's answer
If,as you suspect, the landlord knew this fumigation was going to occur, it could very well qualify as a "material fact" which should have been disclosed to you at the time. If you would not have signed the lease had you been informed of this fact, then you should be able to get out of this transaction, and possibly be awarded damages.
If,as you suspect, the landlord knew this fumigation was going to occur, it could very well qualify as a "material fact" which should have been disclosed to you at the time. If you would not have signed the lease had you been informed of this fact, then you should be able to get out of this transaction, and possibly be awarded damages.
Q: I need to break the house lease but I have a friend who can move in instead of me, will I be fined by landlord? CA
Gerald Barry Dorfman's answer
The first thing to do is read your lease carefully. What does it say about subleasing? If it doeesn't say anything, you can sublease to your friend. If it says landlord permission is required, then see if your friend meets reasonable requirements as far as credit, income, etc. Even if subleasing is prohibited, and you are forced to break your lease, the landlord is required to mitigate their damages, meaning they must try to rent the place, and not just let it stay vacant, while charging...
The first thing to do is read your lease carefully. What does it say about subleasing? If it doeesn't say anything, you can sublease to your friend. If it says landlord permission is required, then see if your friend meets reasonable requirements as far as credit, income, etc. Even if subleasing is prohibited, and you are forced to break your lease, the landlord is required to mitigate their damages, meaning they must try to rent the place, and not just let it stay vacant, while charging...
Q: Can a landlord try to evict you still if you give partial rent payment late?
Manuel Alzamora Juarez's answer
Yes, the landlord could evict you starting on the first day of the month after the partial payment was made. The best thing to do is catch-up with the past and present rent owed, before your LL issues you a 3 Day Notice to Pay or Quit. Best of luck.
Yes, the landlord could evict you starting on the first day of the month after the partial payment was made. The best thing to do is catch-up with the past and present rent owed, before your LL issues you a 3 Day Notice to Pay or Quit. Best of luck.
Q: Can I be evicted for having my elderly mother that's in late stages of dementia live with me
Manuel Alzamora Juarez's answer
Look at your lease and find out if there is a clause that states that you may have to pay for another person. If you do, offer to pay for the extra person and you may avoid the hustle of litigation which is very expensive. Sometimes, proactive negotiation is better than all out litigation. Best of luck
Look at your lease and find out if there is a clause that states that you may have to pay for another person. If you do, offer to pay for the extra person and you may avoid the hustle of litigation which is very expensive. Sometimes, proactive negotiation is better than all out litigation. Best of luck
Q: I cut up a Christmas tree threw it in dumpster. Now she says I have to pay for it.
Ali Shahrestani, Esq.'s answer
If the local trash company charges for hauling such refuse, the landlord may be able to pass the cost onto you. A lawyer should review your lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC...
If the local trash company charges for hauling such refuse, the landlord may be able to pass the cost onto you. A lawyer should review your lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC...
Q: 3 day notice does not include city ordinance clause. Trial date coming up
Steven McNicholl's answer
In order to properly evict a tenant, typically the three day notice must be properly served prior to pursuing the unlawful detainer. If notice was indeed improper than it will be a defense for the tenant. The case will not be automatically dismissed but it would be an issue at trial.
In order to properly evict a tenant, typically the three day notice must be properly served prior to pursuing the unlawful detainer. If notice was indeed improper than it will be a defense for the tenant. The case will not be automatically dismissed but it would be an issue at trial.
Q: I have had no hot water for three days and my landlord has not fixed the problem. What do I do?
Manuel Alzamora Juarez's answer
File a Complaint with the City ‘s inspector and have them contact your landlord to fix the problem. Best of luck.
File a Complaint with the City ‘s inspector and have them contact your landlord to fix the problem. Best of luck.
Q: my tenant passed away about 2 weeks ago. He was renting a home from me. He has no family.
Ali Shahrestani, Esq.'s answer
How are people accessing the unit? Are they friends or family? Have you asked? What happened to his body? Did he have a will or trust? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
How are people accessing the unit? Are they friends or family? Have you asked? What happened to his body? Did he have a will or trust? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
Q: If I have been paying $400. A month for almost 4 years new owners have increased my rent to 600.can they increase that
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
California
on
Answered on Dec 31, 2018
Answered on Dec 31, 2018
Thomas A. Grossman's answer
If you are not on a lease, the new owners can only increase your rent with at least 30 days notice. You then have a choice to accept the new rent, or find a new place to live. Or, perhaps you can bargain with them.
If you are not on a lease, the new owners can only increase your rent with at least 30 days notice. You then have a choice to accept the new rent, or find a new place to live. Or, perhaps you can bargain with them.
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