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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: does a 60 day notice to vacate for a month to month rental require a reason?

tenant received 60 day notice to vacate, terminate rental agreement

James L. Arrasmith
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answered on Jul 22, 2024

In California, a landlord is generally not required to provide a reason when giving a 60-day notice to vacate for a month-to-month rental. This type of notice is often referred to as a "no-fault" notice, meaning that it is not based on any specific action or fault of the tenant. However,... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How can we give a 60 day notice to vacate to our tenant, when she has been diagnosed with PTSD? And has a posted sign.

It's a single dwelling above a garage, single tenant that we've been having issues with since Nov 2023. She has been here since July 2021. We need the dwelling for our daughter and two grandchildren. Our daughter was laid off and the grandchildren want to continue school here, where we... View More

James L. Arrasmith
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answered on Jul 22, 2024

To give a 60-day notice to vacate to your tenant with PTSD, you need to follow California law carefully. Since she has been renting the unit since July 2021, she qualifies as a long-term tenant, and thus a 60-day notice is appropriate.

First, ensure the notice is in writing, dated, and...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord refusing to provide copy of lease

I live in California. I have been repeatedly asking my landlord for a copy of my lease agreement, but they are ignoring my messages, emails, and calls. Is this legal? And what can I do if it is not?

James L. Arrasmith
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answered on Jul 22, 2024

In California, landlords are required by law to provide tenants with a copy of their lease agreement upon request. This ensures that you have all the necessary information regarding your rights and responsibilities as a tenant. Ignoring your requests for a copy of the lease can be seen as a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Was not given notice of my trailing Unlawful detainer court date and i lost, what are my options?

i was told i would be sent a court date in the mail by the clerks office after the first court date, and never received one and then got sheriffs notice on my door, date says vacate by 08/06/24 instead of the 5 i thought was usually the time you are allowed. i filed motion to vacate and stay of... View More

James L. Arrasmith
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answered on Jul 22, 2024

You can still try to get a stay and motion to vacate the judgment. It seems you have more time than initially thought. You should contact the unit secretary immediately to reserve an ex parte hearing. Ex parte hearings are urgent and can be scheduled quickly, which might help you before the lockout... View More

1 Answer | Asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California on
Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More

James L. Arrasmith
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answered on Jul 21, 2024

The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for California on
Q: If I am renting and a judge orders the house I rent to be sold after a divorce in california, can they make me move out

Can they make me move out immediately if I have already paid the rent?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.

The new owner of the property must honor your existing...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Renting a room and the landlord locked me out , turns off a/c during heatwave

I am disabled my husband is 62 we renting a room in an apartment only been here a month and a half the landlord's not only screaming and threatening us but forced us to be afraid and have to huncker down in our bedroom until she leaves again sometimes for 2 days, she locked me out during this... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you're facing. First, document everything: take notes, photos, and videos of the incidents, including the landlord's behavior and the conditions of the room. This documentation will be essential if you need to take legal action.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I was forced to leave a sober living home after I paid my rent without any papers served to do I have a case?

I entered a recovery program in may 2024. I decided to leave the program against clinical advice in July because I didn’t feel it was the right fit for me. July 4th I decided to go to a different program and was told I had to immediately vacate the premises. I was told that even though my rent... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you were in a very difficult situation. Since you paid your rent for July and were forced to leave without any formal eviction notice, you may have grounds for a legal case. In California, tenants have rights even if there is no formal lease agreement, especially when rent has been... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: On Feb 2, 2024 I had a toilet leak in my unit from the upstairs tenant. Repairs are not satisfactory, please advise. TY
James L. Arrasmith
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answered on Jul 19, 2024

Under California law, landlords are required to maintain rental units in a habitable condition. This includes ensuring that plumbing facilities are in good working order. If a leak from the upstairs tenant's unit caused damage to your apartment, it is the landlord's responsibility to... View More

2 Answers | Asked in Landlord - Tenant and Foreclosure for California on
Q: I'm being evicted, was offered cash for keys, 2 weeks later, served a pay or quit, was served a complaint. Is that legal

In 2023 March, i left my ex husband for domestic violence issues and entered a saftey shelter. Our hose we bought march the prior year was a forbearance due to a hardship. April 4th 2023 my ex husband was arrested on domestic violence. He since then spent 418 days in jail. While I and my children... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 17, 2024

Thank you for your question!

It seems that your house was out is about to be foreclosed.

You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Bridge property management inc has not fixed my Living room window in its been 5 months what do I do
Delaram Keshvarian
Delaram Keshvarian
answered on Jul 13, 2024

Thank you for your question!

If you, as the tenant, have not been at fault for the broken window, the landlord must fix it after a reasonable time from a notice requesting repair.

You can fix the window and deduct it from the rent. This may rise an eviction lawsuit against you, so...
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3 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: My husband and I along with our toddler lived with a severe roach infestation for 9 months . Is 1 million reasonable ?

We lived on a military base. I have a settlement demand meeting tomorrow and I plan to ask for 1 million for various breaches and pain and suffering. Is asking for one million for me, my husband and toddler a reasonable amount ?

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2024

A California attorney might be able to advise best, but you mention a hearing tomorrow. It's difficult for attorneys on a public forum to comment on the value of cases - they can be fact-specific in their settings, region, and the forum. There isn't much time to research the matter... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I discovered the lease the landlord is using is expired and has a lower amount of rent and a wrong address where to pay

I need to get a fair hearing I have discovered the lease on the eviction is invalid I have been wrongfully evicted and the hearing was very unfair and I can prove to the judge that I am telling the truth it's not for entertainment he dismissed my last case since it was wrong identity that he... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.

If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a...
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2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: debt collection on apartment rent. Am i responsible for my adult daughter's unpaid rent after i moved out of the apt?

i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you....
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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Can a tenant in a apartment complex place 2 Ring camera's on their front door & screen door facing the mailboxes

and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.

If...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How much notice to move out after renting for 10 years? Is a text legal in giving notice?
James L. Arrasmith
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answered on Jul 2, 2024

In California, if you have been renting for 10 years, you need to give at least 60 days' notice to move out. This requirement applies to month-to-month rental agreements. Make sure your notice is in writing to comply with legal standards.

A text message is generally not considered a...
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2 Answers | Asked in Landlord - Tenant for California on
Q: After 10 years renting, how much notice is required to move out? And is text considered notification?
James L. Arrasmith
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answered on Jul 2, 2024

Under California law, if you have been renting for 10 years, you are required to give your landlord at least 60 days' notice to move out. This applies to month-to-month rental agreements. The notice should be given in writing to ensure it is legally valid and to avoid any disputes.... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: After 10 years renting, how much notice is required to move out? And is text considered notification?
Maurice Mandel II
Maurice Mandel II
answered on Jul 2, 2024

In my opinion, Mr. Arrasmith's answer is not accurate. A tenant (renter) after 10 years is not required to give 60 day's notice of intent to vacate, however a Landlord is required to give 60 day's notice for any tenant who has occupied for more than one year. A tenant need give only... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: If there is no possibility of me being able to lock my room to keep intruders out is it legal for me to place a camera

My door is a curtain that I am unable to lock and my roommate has already stolen from me so now he's denying consent for me to have my camera put up facing out towards the door and has disconnected my connection to the Wi-Fi leaving my cameras completely offline

James L. Arrasmith
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answered on Jul 2, 2024

Under California law, you have the right to protect your personal property and privacy within your own living space. Installing a camera in your room to monitor your belongings can be permissible, especially if you have experienced theft. However, it is important to ensure that the camera does not... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can the owner of a motel raise the price on a tenant without notifying the tenant? What about being way over charged?

Original price when checked in was $450 a month ago. Now without notifying us it's somehow gone up to $700 within the month.

James L. Arrasmith
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answered on Jul 1, 2024

Based on the information provided, here's a concise response to the situation:

1. Motels typically fall under different rules than standard rental properties. They are generally considered transient lodging rather than residential tenancies.

2. For short-term stays, motel...
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