California Landlord - Tenant Questions & Answers

Q: Cancelling a lease agreement.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for California on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
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 retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.

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

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Answered on Apr 4, 2019
Kenneth Sisco's answer
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.

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

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for California on
Answered on Apr 3, 2019
Kenneth Sisco's answer
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 money to you, and will save you a lot of stress. You will save a lot of attorney fees, and you most likely get your property back on the market a lot quicker. As with almost any legal dispute,...

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

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Mar 27, 2019
Manuel Alzamora Juarez's answer
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 cannot come even for a visit, then he may be in violation of your Covenant of Quiet Enjoyment and you could sue him. Best of luck.

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Mar 27, 2019
Manuel Alzamora Juarez's answer
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 displaced families. Best of luck.

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

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Answered on Mar 26, 2019
Manuel Alzamora Juarez's answer
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.

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?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Mar 25, 2019
Manuel Alzamora Juarez's answer
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 claims court. Best of luck.

Q: Can my landlord enter my apartment without prior notice?

2 Answers | Asked in Landlord - Tenant for California on
Answered on Mar 24, 2019
Gerald Barry Dorfman's answer
Assuming it was not an emergency, no, a landlord may not simply enter without notice. 24 hours is presumed reasonable notice, in the absence of evidence otherwise. Read carefully Civil Code section 1954, which deals with entry by landlords, and required notice. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954

Q: My landlord took late fees and turned them into unpaid monthly rent even though I paid those months, is this legal?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Mar 21, 2019
Manuel Alzamora Juarez's answer
I am always amazed at the ingenuity of Landlord lawyers to come up with new tactics to get tenants evicted. This new scheme does not smell right to me. I will research this tactic more carefully thus afternoon, but my initial reaction is that it may not stand a court challenge. Best of luck.

Q: If given a UD Feb 1st, and i already responded to it. However I've called there is still no court date. Can I sue them?

2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Answered on Mar 18, 2019
Thomas A. Grossman's answer
You need to find out why there has been no court date set for your unlawful detainer. perhaps the party filing the UD has postponed the hearing date. If so, you can file your own claim against the plaintiff in the same Court. IT's called "defendant's claim." Again, timing is everything. Be sure that there is time to file your claim.

Q: If I been given a UD filed Feb 1st, 2019, but still no court as of yet. Can I still sue them in small claims court?

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for California on
Answered on Mar 18, 2019
Thomas A. Grossman's answer
I don't understand your statement of "No Court," which I assume means there has been no Court date set. You need to go on the internet and find the nearest Court in your County. Then log in to that Court Website and look for a case number. If you received papers from the Court you probably have a case number. Be careful of the timelines, as you need to show up the hearing if the UD has been scheduled.

Q: disabled person who hired a paralegal who wasn't really a paralegal come to find out, she lied to me

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Native American Law for California on
Answered on Mar 15, 2019
Manuel Alzamora Juarez's answer
It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.

Q: At the end of lease can I sign without the co tenant i originally signed with?

1 Answer | Asked in Landlord - Tenant, Family Law, Child Support and Domestic Violence for California on
Answered on Mar 10, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case. It is really up to the Landlord if s/he will accept you as a responsible person to make the rent timely.

However, it is always a good idea to contact a local attorney for assistance if you are denied rental.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.

Most criminal and accident lawyers will offer a free consultation to review the facts.

Call a...

Q: . I've been renting a house going on three yrs. I have a 5 yr a lease. New owners gave me 30 days to move

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Mar 8, 2019
Gerald Barry Dorfman's answer
In the usual situation, if you have two years remaining on your lease, you can stay at least two more years. When a new owner takes over, they take the place "subject to" any leases in effect at the time. If you live in an eviction control jurisdiction, you have additional protections. Be sure to review your lease to be sure it does not have a special provision which allows the tenancy to be terminated in case of a sale.

Q: My lease says the leasing office will receive packages on our behalf but the new owners stopped without giving us notice

1 Answer | Asked in Landlord - Tenant for California on
Answered on Mar 7, 2019
Gerald Barry Dorfman's answer
No. New owners take the property "subject to" any leases that are in effect at the time of acquiring the property. If you have a lease, the terms remain in effect until the lease expires. If you are month to month, 30 days notice is required to change the tenancy terms. This assumes there are not alternate provisions contained in the lease, so check it carefully.

Q: I've been paying rent through my building's autopay for years and now they want backpay for years of "raises" What now?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Mar 2, 2019
Thomas A. Grossman's answer
Technically they can't ask you to pay past rent unless you had notice of that from the date the rent was raised. Proper notice would have been sending a notice to you about the new rent. You can accept it or you can fight it. My guess is that, now that you know they have raised the rent, it is your choice to stay there or pay the new rent. I would nonetheless complain to them about how they handled this matter. They are partly at fault for waiting two years to let you know about the new...

Q: landlord wants me to upgrade his property. Wants me to install a separate gas meter for my rental unit.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Mar 1, 2019
Manuel Alzamora Juarez's answer
Any major changes to the structure are the landlord’s responsibility. Your rights and obligations are determined by your lease. If landlord insists on you paying for the upgrade, then request a reduction in rent or have him talk to an attorney to discuss this matter. Best of luck.

Q: I have a really bad leak from the ceiling in my bedroom. I notified the manager about this issue over a month ago.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Feb 25, 2019
Manuel Alzamora Juarez's answer
Your best course of action is go to the City inspector and complaint about your living conditions. If you feel feverish or have a lung infection , please go to the doctor and once you have your photos, videos, city inspector report and medical records call your warranty of habitability attorney or a housing problems attorney and ask him to represent you on your case. Do not stop paying rent. Best of luck

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