I'm disabled and on section 8. I found a apartment in Sep I was interested in. I found the listing on SMChousingsearch.org. It's a listing site for those on section 8, It's provided San Mateo county housing authority. I gave my 30 day notice to housing authority and my current... Read more »
You have been subjected to a Civil Fraud. You have preserved your evidence, now you need to decide what to do about it. The immediate problem is where you are going to move to, you have to live somewhere, you might want to move into the apartment where you can keep a closer eye on them and...Read more »
The "coany"? It would be helpful if you proofread your posts, details are very important if you want correct responses. We all make mistakes. How do you pay? By your personal check? I would think that you are the tenant, otherwise who, a corporation cannot live in an apartment. Are...Read more »
Here is the updated version. While the current moratorium rules are in place you cannot evict a tenant based upon the information that you have given. The rules change fairly often but they have been giving tenants more rights - not less.
Encourage them to pay rent in the meantime;...Read more »
I have a single family home in Riverside County that I've rented out for many years. Now I'm getting old and looking to retire. I can no longer manage the property being so far away so I'd like to sell it. Since we're still in the midst of COVID but the tenant is current on rent... Read more »
You really need to take all of this to a local Real Property attorney to discuss privately. When you sell your property new options kick in, but you also have to provide the tenant with legal notice and he may be entitled to a moving allowance of 30 day's rent.
We have no oral or written lease agreement with this tenant. She had an oral agreement with our mother who passed away and this agreement expired in august and she just stopped paying rent. We live out of town and would like the unit vacant and off rental market. We may use unit for our personal... Read more »
First you have to review the COVID moratoriums on Evictions for the area in which the property resides to be sure there is no restriction on your eviction of this tenant. Then you should consult an eviction attorney in your area to be sure you did not miss something. Next, you might serve both a...Read more »
Your rights are set forth in your rental agreement. Usually the LL does not have to return the security deposit, or any part of it until the property is vacated, completely. You should be getting it from the co-tenants and provide a written letter to the LL advising him that you ASSIGN your right...Read more »
I filed a police report, informed landlord of the incident that day with pictures of my injuries. The other tenant and both rent separate rooms in the same house. We have never been romantic or had any relationship outside of being tenants but they are violent - will the domestic violence clause... Read more »
Bad situation. I cannot envision that the law would require you to continue to reside with a co-tenant that was being violent to you. IMO you need to immediately apply for Civil harassment Restraining Orders (no charge with violence) and notify your landlord you are moving out. When you have...Read more »
my tenant got this dog during the moratorium, breaking our lease agreement. But since we can't do much with the moratorium in place tenant has kept the dog. now the dog is a nuisance he barks all the time cant enjoy our common areas because of it. The house is in Los Angeles, Ca, and is also... Read more »
You need to contact a local Real Estate attorney, there are several here that you could contact and review with them exactly what the moratorium protects. IMO it does not protect a tenant from breaking the rules of the lease from being evicted, it protects people who cannot pay the rent because...Read more »
The issues are below, we are paying full market rate for the property-
1-Water softener system for the house does not work and needs replacing. They knew this prior to renting to us but did not disclose it. the water coming out of all the faucets is murky and has a green mold like substance... Read more »
You have the right to a habitable premises as described in the Civil Code 1941-1941.1. Some of the things you describe impact the issue of habitability. First thing you need to do is to provide the management company with notice that the things need to be remedied, and to provide them with a...Read more »
I rented my family house to some tenants who passed a background check, etc. Then, when COVID hit, they refused to pay rent saying "well, my friends aren't paying rent, so we're not going to either." 60 days before the end of their lease, I sent them a letter of... Read more »
First, the Courts are not closed. Small Claims max is $10,000 so you want at least Limited Jurisdiction ($25k). If back rent is on top of the $20 k, you are in Unlimited j/d. The courts are open and taking new case filings, suggest you file right away and hire a PI to do a search for these...Read more »
It depends on your rental agreement and whether Civil Code 1941.2 applies to you regarding the 60 day requirement and no fault cause for eviction with the 30 day moving assistance requirement. Did LL give you notice of your right to moving assistance? Check some of the other posts on here for...Read more »
It is a no fault eviction and is considered improper. He has said he will file a UD next week when the notice time has past. I am going to offer to pay rent along with a flyer that explains the eviction moratorium. My first question is what if he refuses to take it ? I think he is going to get mad... Read more »
First, the law (Civil Code 1946.2.) does not say he has to pay you the month of relocation assistance at the time he give you the 60 day notice, BUT he MUST give you notice of your right to the relocation assistance, otherwise, per subsection d-4, the notice is VOID. If he attempts to evict you on...Read more »
My landlord removed my things while I was gone, she took some of my property, there’s no hot water, the showers are clogged, they constantly lock the doors so I Can’t use the restroom, my door is broken and also my window, her son assaulted me and my boyfriend
Technically neither of you has the "right" to make the other move and the one that moves is still obligated to pay rent on the lease for the apartment you are occupying. Remember Mama saying "A girl needs her own space."? This is why, so that you can close the door on him and...Read more »
Most of your rights are set out in the written rental agreement that you have. Don't have one? You still have rights to 60 day notice to move and a moving allowance of one month rent. You are entitled to a return of whatever security deposit you have with the LL. The problem is that the...Read more »
Never once did they address parking on our walk thru. Not 1 sign is posted anywhere in the entire complex or gates, addressing parking. My car was not near a fire hydrant, stuck, blocking any entrance, or impeding traffic, foot or vehicle? Nor did they give any notice, 72 hours or otherwise... and... Read more »
Create a paper trail showing that you requested a permit for your car. Sue all three in small claims because the security co is just an agent of the LL, and the tow company is just an agent of the LL, too. There is a section of the VC that prohibits a company from towing when the registered owner...Read more »
Yes, you are entitled to a relocation fee of 30 day's rent, if you lived there more than a year; and yes, he can evict you if you don't move after 60 days. You need to find a place to move to, or negotiate with the LL for an extension.
Very sorry to hear that you are experiencing these problems. Temecula is a real hot spot so no AC is really a problem. You can fight them but you will risk getting an unlawful detainer complaint filed against you and have to defend that. If you have been there more than a year, you are entitled to...Read more »
I sent the declaration to landlord but fear I can be evicted even though there is a eviction ban till 2-1 am I protected or am I gonna be evicted. If eviction happens I will become homeless should I motion for continuance
Would you go into an operating room with a burst appendix as your own surgeon? You need an attorney to assist you with the defense of the eviction, or spend the money on movers. When I had a case involving Religious Discrimination in Housing (I specialize in discrimination prevention) I got a...Read more »
The tenant is behind on rent for the month, and I have a strong suspicion that she plans on squatting in my unit. She also moved and her daughter and her two children without my permission. She has been there the entire duration. I want to move in and change the locks. Since there is a lease, is it... Read more »
The good news is that the law is very specific about what to do, the bad news is that it takes some time. Your obligations are set forth in the Civil Code, there is a section called "Disposition of Personal Property Remaining on Premises at Termination of Tenancy §§1980 - 1991" You...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.