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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: My neighbor keeps harassing me. I heard I can get a restraining order against her, how would that work?
Maurice Mandel II
Maurice Mandel II answered on Jun 25, 2020

The Superior Court has a packet of forms to be used in the event you need to obtain a restraining order to prevent harassment. look on the LA SUPERIOR COURT WEBSITE. A lot will depend on what overt acts the neighbor did to harass you.

You should use the self help services of the court.

2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Does the term "waive the benefit under any statute" also mean a waiver of ALL rights?

This is related to a Lease Agreement and the Lessee's rights to terminate the lease.

Kristina M. Reed
Kristina M. Reed answered on Jun 25, 2020

I recommend that you have an attorney review the lease for an opinion on any waiver of rights. Generally, when a lease or guaranty includes this language, the language is intended to waive all rights a tenant may claim under any statutes. This exact language would not waive any common law rights... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: I just bought a trailer RV home and there was tenants inside I need to make repairs and want to remove the tenants

Tenants does not have any type of rental agreement and they are not pay rent to me as ownership of RV Trailer.Located at a RV park

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

Landlord Tenant Law is complex. There are provisions found both in the Civil Code (1946) and the Code of Civil Procedure (1961). Basically, you want these tenants out. They are not paying rent, you could start with providing them a 30 day notice of change of terms of occupancy, and impose a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My apartment complex has added clauses to the lease, locked exits, changed locks, denied parking.

The complex changed the front gate lock and refuses to give us keys. Imposed several new visiotr policies without following the proper protocol for changing or adding on to the lease. Added alarms to all exits denying us access in or out the building except thru security. Changed the locks on our... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

Very sorry to hear that your complex has done this. None of what you describe would comply with the proper exercise of rights by a LL unless you were in a very special living situation, such as a university dorm, or an assisted living home, both of which can impose curfews for access to the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I rent the 1st floor of a 2 story house. Can my landlord stay on the 2nd floor without notice? He doesn't live here.

I was told he would visit 3 times per year only. He's here often and brings his family. He put up a dividing wall to the 2nd story without telling me and uses the backyard and pool. I also pay the electric & water being used by him and his family.

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

Sorry to hear you are having these problems. Your rental agreement defines the scope of the property that you are renting, if you are just renting certain room, then the LL could be allowed to occupy the part of the house you are not renting. On the other hand, you are entitled to the quiet... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: What happens if my landlord had sub-tennant fill out application and to pay rent directly to him without telling me?

Month to month lease been there 6 yrs 3 yrs ago got a roommate after my pops passed away told landlord but she was not added to lease. February her nephew moved into our garage told landlord but he wasn't added to lease. Than about a month ago landlord had property appraised and my roommate... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 22, 2020

Life can get very complicated when you don't resolve issues as they come up. First, since it is the sub-tenant the LL has no right to have them pay him directly, this is not proper. But you are moving too many people onto the property without getting them on the lease or obtaining LL... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can my landlord evict me (california) because he's selling the house? This creates impossible financial situation for me
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 22, 2020

It depends where you live and whether you have rent control in your city. The short answer is they can sell the house but they have to observe the law. It may be possible that you could be entitled to a relocation fee. It all depends where you live. Talk to a local lawyer. Best of luck.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Tax -Credit Tenant Paid rent both laid off months why is harassment/quality of life getting worse?

I have attempted to use the pro bono sources in the past only to have all of them pass me to Mountain View mediation who is a great lady but doesn't quite grasp to put this affordable hypocritical corporation in its place. However, I respect mediation and was about to attempt to reach out and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 21, 2020

This seems to be related to the other question you posted. Suggest you find a good landlord/tenant attorney in your area for a complete consultation and plan of action. You could go back to the pro bono sources and tell them you don't want to go to mediation. Mediation's job is to get... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: examples of harassment, retaliation, right to quiet enjoyment

Need to know if these qualify and I am confident they do:

Excessive and more aggressive notices through the RECENT months. most recent threats of lease violations for parking where signage allows us to park there from 9pm to 8am since building opened (and not in my lease agreement). Sudden... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 21, 2020

Very sorry to hear you are having such problems at home where you are hoping to RELAX, not gather evidence against your property managers. Not possible to provide you with any definitive answer since the time period during which this is all occurring is unclear. Not possible to provide you with a... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Do I have to pay rent while my landlord cleans the apt?

I am breaking my lease two months early but I have found my landlord a new tenant who can start his lease the day I move out. The landlord says he needs 21 days to get the apartment ready, and wants me to pay rent for those 21 days. The new tenant is happy with the condition of the apartment, and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Your rental agreement/lease sets out your rights and obligations and those of your LL as well. Some LL want to stick to the terms of the agreement. Your LL is entitled to have you pay rent under the terms of the lease. If you want out early, he does not have to honor your requests, but he must... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Am I due prorated rent for month-to-month terms after giving notice midterm?

When I moved in I paid last month's rent in addition to security deposits. My lease rolled over to month to month after 1 year. I gave my 30-day notice midterm (on the 20th), which my lease doesn't prohibit, and my landlord is claiming that they didn't approve it although I never... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

As long as your lease does not prohibit a mid term notice and you provided at least 30 days notice to the LL, you are entitled to a refund of any rent paid for the period after the expiration of that 30 days if you were moved out. Otherwise, the LL could keep your money and rent to a new occupant,... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Am I responsible for bed bug extermination fees in california
Maurice Mandel II
Maurice Mandel II answered on Jun 19, 2020

Interesting question. Are you the LL or the Tenant? What does your lease say? Who brought the lil critters into the home? I will assume that you are the LL. The law does not have a specific provision stating that you are responsible for extermination fees for pestilence. However, you may be... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: when filing a 2nd eviction, does a new 3 day pay or quit notice need to be serviced, because amounts changes from the 1

landlord is filing for 2nd eviction. the new eviction was not serviced with a 3 day pay or quit notice.

amounts have changed from the 1st eviction, but the landlord's attorney used the first 3 day pay or quit notice from the first eviction.

Maurice Mandel II
Maurice Mandel II answered on Jun 19, 2020

Yes, the Unlawful Detainer amounts must match what was on the notice, or it will not be granted. They have to re-serve the notices if the money balance changed. At trial you can object to the notice and ask for a judgment in your favor. Once you have multiple eviction attempts, with judgments in... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I break lease since I haven't even moved into the apartment and been telling landlord I wouldn't be able to move in

I signed a lease before the covid outbreak. Found out over a month before the move in date that I wouldn't be able to continue with the lease due to the outbreak. I informed the landlord and they have yet to get back to me with any type of feedback.

Maurice Mandel II
Maurice Mandel II answered on Jun 18, 2020

very sorry to hear of your problem. Currently the new legal protections for tenants regarding CV do not provide that you can flat out break a lease. It is not possible to predict an outcome for your particular case without all the information. If, as you say, you cannot move in due to CV, then... Read more »

1 Answer | Asked in Constitutional Law and Landlord - Tenant for California on
Q: Is it legal for a senior low income apartment complex to have cameras installed above our community bathing facilities

Also in the hallways and stairways and now a camera is being installed in our elevator and common areas and entrances and exits when I signed my lease I didn’t agree to be monitored 24 7. Is this legal or our privacy being invaded?

Maurice Mandel II
Maurice Mandel II answered on Jun 17, 2020

The answer that you don't want is that the law does impose duties on LLs to provide security in the common areas of this kind of complex. From your description, I would think that this complex is in the center of the bullseye for a number of nefarious types who are looking to harm seniors... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How does a gentleman's agreement stand up when the owner dies suddenly?

Now his not so nice ex wife is trying to get me out. What rights do I have to stay here? Everything was left in a Living trust to his 2 sons. 20yo & 19yo, but yet she is the one trying to raise my rent

Maurice Mandel II
Maurice Mandel II answered on Jun 17, 2020

I am very sorry to tell you that this kind of agreement is only worth the paper it is written on. Since it was an oral agreement, and the other party is deceased, the agreement needs to be re-made with the new owner. With a living trust there are 3 categories of people, the grantor, the person who... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord sent over a revised CA Rent Cap and Just Cause Addendum 2 months into my lease. Am I required to sign?

When originally signing my lease we signed the document as is which stated "This exemption only applies if the notice below is checked and delivered to the tenant". The box was unchecked in the original and we both signed. The landlord is now sending a revised version claiming she forgot... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

Quick! Shut the barn door, there goes the horse! If you review the lease, there is usually an "integration clause" that says this is all the agreements and it supersedes any oral agreements, AND that it can only be modified by a writing signed by everyone. And, yes, this is a material... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I sue my property management company in small claims court if they do not do anything about a noisy neighbor?

I have a loud neighbor who produces loud electronic music. I live in an apartment building and it creates quite a disturbance. I have tried talking to them, banging on the wall, calling the cops, calling the property management company, etc. but nothing has worked thus far. I have 6 reported... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

A learned attorney and retired Judge from Texas once said: "You can sue a ham sandwich." Since your lease entitles you to the quiet enjoyment of the property and you are not disturbing others, the LL has the obligation to be sure that other tenants do not take away your quiet enjoyment.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Is it legal for a landlord to restrict use of a common area like a garage if none of the other tenants are complaing?

My friend is one of 3 tenants renting a room and the landlord said the little shack/garage in the back can't be used for working on his motorcycle and that he is not allowed to have anyone work on motorcycles in the back yard either. The landlord said my friend is taking up too much room and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

Short answer: Yes. The LL owns the property and has the absolute right to determine how it is being used. If he decides he does not want the motorcycle worked on, at the property, he has the right to determine that and to put it in a lease. LL are only restricted from imposing lease conditions... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: can a landlord evicit me cause my neighbors emailed him and complained about us
Maurice Mandel II
Maurice Mandel II answered on Jun 16, 2020

Typical attorney answer: it depends. It depends a little on what the neighbor emailed to the tenant, if they emailed that you were operating a criminal meth lab on the property and the LL found out this was true, then probably. If they emailed that you had additional people not on the lease... Read more »

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