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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: I am processing of buying the house in Fresno, CA. The seller said that she served 60 days notice. Can I evict tenants?

The lease was expired in 2020. Tenant stayed for 7 years.

The seller’s 60 days notice says that “move out in 60 days or to get into the contract of buyer”.

I want to move in by myself.

Tenant is paying rent.

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

You would be safest to serve your own 60 day notice and remember the tenant is required to pay rent during this time and is entitled to a month's rent as moving allowance. After 60 days, evict. Be sure to comply with any rent moratorium requirements and notices to tenant about rental... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I regain entry to my apt if my landlord illegally changed lock?

I have lived at my place for 10 months. I was recently told by LAPD I had an invalid lease but the owner would be returning with eviction papers. I waited and waited but got nothing. One day, I come "home" to the management company on my property. They had shut all my utilities off,... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

Very sorry to hear about this. You probably qualify for a Court Fees waiver. You should file an action against the landlord and the management company for "Forceable detainer" which is illegally locking you out of the apartment without going through any eviction process or notices to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord in California take storage shed without providing me with more storage of equal size?
Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

You are entitled to what your rental agreement allows. Suggest you contact a local attorney to discuss.

3 Answers | Asked in Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: So I plan on filling amotion too seal my records all the derogatory insane insults so it won't come back to me in my fu
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

I don't see a question here. Please provide more information, and specify what is your question.

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2 Answers | Asked in Bankruptcy, Criminal Law, Landlord - Tenant and Small Claims for California on
Q: It's been about 9 months since a UD case was dismissed. I was intentionally defamed, discriminated, falsely snt to Co

His scheme to play victim and try to retaliate again. He has cases such as this since 2000. Lost truck, collections asking for $38.675 calling it eviction aftermath and Mayhem. Despites and fixed. I have tons of evidence that I didn't get to show because my SC case heard 11/20. UD was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 11, 2022

this sounds like a UD Real Estate/ Civil Case, and I handle PI and DUI Matters.

However, if he is a flake, you may be throwing good money after bad.

a lawyer will not likely take on a case like this on a contingency.

instead, you will pay on an hourly basis.

if you...
Read more »

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2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Can I deduct the money I spend on mold & asbestos testing from the rent? Landlord will not pay. My daughter is sick

My daughter's bedroom ceiling is coming off. It leaked when raining. Yellow stains on ceiling. She has allergies,digestive issues,bad insomnia. Apartment manager said we have to pay for mold and asbestos testing. Also, took my daughter to the dr.Their has been asbestos in other units. The... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 8, 2022

You should immediately sit down with a Landlord Tenant attorney and/or a personal injury lawyer who handle mold cases. A lot of attorneys don't handle mold cases so you might have to contact a few until you find one. If you find an attorney who can help with both that would be best.

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6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

Tristan Brown
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Tristan Brown
answered on Apr 5, 2022

There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »

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1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: I have nuisance neighbors. Property management is not solving the issue. I have 3 police reports. What can I do?

I moved here in August. This has been going on since September 2021. I don’t know what to do. They wait until I go to bed to start stomping, slamming doors, dragging things across the floor. They had a camera in their car window pointing towards my apartment until I notified the office. They are... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Mar 13, 2022

Get yourself a lawyer who can help you file a nuisance claim against your neighbors. Keep accurate records of each instance when your peace and quiet has been disturbed. Video and/or audio of the noises will be helpful. Don't delay.

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Landlord - Tenant for California on
Q: do we have to have answer a interrogatory and admission is there a form we can file to refude to answer till court date
Kenneth Sisco
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Kenneth Sisco
answered on Mar 10, 2022

The flippant, snarky, and downright rude (apologies) answer is, "Yes, it is called a 'Request for dismissal of your case,' or if you are the Defendant, it is called 'Withdrawal of Answer to Complaint.' If you want to litigate your case, and go to trial, then you must... Read more »

1 Answer | Asked in Estate Planning and Landlord - Tenant for California on
Q: Cam my mother give me a 30 day notice if I have lived in my house for 8 years? And didn't rent from her? she put in her

My grandmother bought a home for me 8 years ago, the house was in her name, when she died the house went into y mother name and was not even listed on the trust. There is a lot of info that goes with his but my main concern is she just sent my fiance a 30-day notice to move out of the house I have... Read more »

Julie King
Julie King
answered on Mar 4, 2022

Unfortunately, no lawyer in the world can answer your question without reading your grandmother's trust. That is the key to this whole situation. One other note: If the law firm represented the trustee of your grandmother's trust, that law firm cannot advise you because you are a... Read more »

Q: hypothetical question ? Let's say an recently resigned employee got his payroll recs and the numbers don't add up !

And this is also the same company who retaliated against said employee with proven adversed effects within the timeframe after said employee filed a health and safety complaint with Cal/osha then continued to discriminate and harass him even suspended him without pay for 3 weeks pending an... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 3, 2022

Unless you can prove damages, the fact that the employer has messed up the payroll records is probably not significant enough to make a lawsuit worthwhile.

If you can prove that you were retaliated against by being suspended and then terminated because you filed an OSHA complaint, you would...
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2 Answers | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for California on
Q: Where can I find a civil rights lawyer that handles commercial discrimination real estate cases?

I have a pending investigation with the SOCR regarding the discrimination eviction of my family restaurant.

Louis George Fazzi
Louis George Fazzi
answered on Feb 23, 2022

There are many good civil rights law firms in the Los Angeles area. You can Google them, look for them at the Los Angeles County Bar Association's website (LACBA.org), by going to the Consumer Attorney's Association of Los Angeles (CAALA.org). Do you research and then start interviewing... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: What to do if landlord is harassing and menacing me to leave my home in California?

I have been renting a room in an owner occupied house for 2 years and which I have a registered LLC business located. Landlord is threatening and harassing me to force me to leave. Never received any notice of termination of lease. LL tried to say that his relative is moving in a reason for lease... Read more »

Julie King
Julie King
answered on Feb 16, 2022

It depends on whether you have a lease. If you don't have a lease, that means you are in a month-to-month tenancy, so the landlord has the right to terminate your tenancy by giving you 30 days' prior notice if you have been in the rental for one year or less, or 60 days' prior notice... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Construction Law and Landlord - Tenant for California on
Q: Habitability of Apartment, Rent, slip & Fall, harassment, elderly, woman, discrimination, disabled.

Last night, I slipped in my bathroom again on water that was over 1" on floor. 2'x2' hole created by contractor early Jan 2022, left and never returned. Bugs fall on me taking shower, red rash reoccuring, painful. Reoccuring infection in mouth. Sink in kitchen blocked with black... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 15, 2022

Your sounds like it's very bad for you. You should be trying to contact local attorneys that handle landlord/tenant matters. Keep trying until you get a consultation with someone who can help. good luck... TED

1 Answer | Asked in Civil Rights, Domestic Violence and Landlord - Tenant for California on
Q: My housemates are hostile and are demanding that I move out ASAP due to spreading Covid to them. What can I do ?

I thought I was in the clear after a week of no symptoms while away on vacation. When I returned home I did not mention I had been sick 10 days before. all 3 housemates tested + in a few days. Also, they refuse to pay shared bills (pge/water) which I have already paid in full. They claim it is... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 9, 2022

more info is needed.

is there a written contract among all of you spelling out terms? that will go a long way in answering your question.

how long have you all been together? was there an agreement on how long you would be together?......month to month or 1 year?

most people...
Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord exhibited what is called a constructive eviction also known as a self eviction can I get a restraining order

She put my 8yr old dghtr and my belongings out off the sidewalk also locked us out. Thanks to local police officer he stated we are tenants and we were able to get back in with our belongings. Now she's shut off utilities no water in the house.

Gregory J. Brod
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Gregory J. Brod
answered on Feb 5, 2022

I'm sorry to hear about this situation. This is not a constructive eviction. A constructive eviction is when the tenant moves out, typically due to problems with the conditions or habitability of the property. In that instance, the landlord does not "actually" evict the tenant, but... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: What is my personal liability if my tenant leases my house to short term renters , with my approval?

Are there ways to reduce / manage my liability risks? Thank you.

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 16, 2022

Most landlords have a liability policy with a big umbrella. You also need to make sure your lease is well written. We cannot give you specific advice without answers to the above. You should sit down with a good lawyer and go over everything.

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: getting case dissmissed on grounds of evidence being illegal privacy invasion ?

supporting evedince is there js a surveillance video of the assault but the vi tum is nit cooprating and the video is from a hidden camera, that the victim amd assailant were unNWare of , and the person who jsed the stungun is legal resident , and the camera and assault took place inside a... Read more »

Dan Moseley
Dan Moseley
answered on Jan 15, 2022

Your written statement is very unclear. Perhaps it would be easier to explain in a phone call. Many attorneys offer free initial consultations by telephone. Good luck.

2 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Criminal Law for California on
Q: Can the police open the door of a rented room within a house without a warrant?

I live in a large house that rents out 9 rooms to individual tenants. I rent one of those rooms. One of the tenants has two guests over. While the tenant is away the guests get in a fight. A physical altercation is allegedly made between the guests. The police are called and are let into the house... Read more »

Dan Moseley
Dan Moseley
answered on Jan 3, 2022

No, police cannot lawfully enter a room rented by an individual not involved in the altercation without the consent of the occupant.

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