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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I need advice on eviction caee

I was supposed late 4 times on rent this year. In july the park manager supposedly put a 3day 60 day notice to pay or quit on my door. When i returned home no such notice was there. Supposed they sent a certified letter....i never signed for any letter. I paid the rent in july....was $5... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

Unfortunately, if you are late on your rent, the landlord properly served you with 3-day notice to pay rent or quit and you did not pay during the specified time period on the notice, the landlord does not have to accept your rent. If the landlord does not accept your rent, your landlord can... Read more »

2 Answers | Asked in Landlord - Tenant, Probate and Estate Planning for California on
Q: Uncle is evicting me from my fathers house , I am disabled and served unlawful detainer

Ive lived in fathers house for 9 years with his assistance. He passed, but he was cohersed by my uncle into doing his trust over, since I was suppose to have passed by now. My fathers wishes were for me to take everything he has, but wanted my uncle to get 100k and handguns. Now Ive been served a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 12, 2019

You have a very difficult situation and you should not delay finding an attorney. You might need more than one.

You need a trust litigator to to review your dad's trust and to help you challenge it, if you think that the amendment was obtained under duress or undue influence.

You...
Read more »

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1 Answer | Asked in Employment Law and Landlord - Tenant for California on
Q: I worked for her uncle and never got paid.

no notice just the unlawful detainer.

Neil Pedersen
Neil Pedersen answered on Aug 2, 2019

If you worked and were not paid, you are entitled to at least the minimum wage for all hours that you worked. It may well be that there are other Labor Code violations that occurred as well. Your best next move is to locate and consult with an experienced employment law attorney as soon as... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: home owner keeping water off, "gain control of the property" now we been told by code will be boarded. What do we do?

It is only a few days away...also, he comes around property breaking in, following us around town has removed our belongings from home, sends and brings other people to home. Controls water access to the point of us now being boarded up he. Literally much more. Can anyone please help?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 1, 2019

Your Landlord is not letting you have your peaceful and quiet enjoyment of your property. Call a lawyer for further help. Best of luck!!!

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Failure from tenant to disclise hep b. Put my life in danger

I was given cdiffby given too many antibiotics cdiff is when your probiotics are completely wiped out my imune system can not fght this virus if i contact it it is almost most likely a death sentence this guy spitsall over out side. He pees on floor never washes handsabd yesterday he wiped I walk... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 1, 2019

more info needed.

how does he get in your apt/home? i assume his entry would be illegal and you should report him to police.

you can sue in small claims for up to $10k if you can provide proof of a connection between what you are asking for and your damages.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How can I get guests out of my home that I own that refuse to leave?

This property where I live was gifted to me by a woman with whom I lived here with for many years. The deed was put in my name by her in 2007. She passed away in 2010. A little less than two years ago her daughter and son-inlaw showed up here from out of state. They have been trying to stake a... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 29, 2019

Talk to a landlord tenant attorney about an eviction action.

1 Answer | Asked in Landlord - Tenant for California on
Q: Do I have to return a portion of the last month deposit if the tenant moves out mid-month?

My subtenant gave her 30 day notice on July 15, 2019 for her month to month Sublease and plans to move out by August 14, 2019. Since she paid last month deposit, am I obligated to refund her a portion of the last month deposit since she is moving out mid-month?

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 26, 2019

Yes. Tenants can give 30 days notice at any time, assuming the lease/rental agreement does not provide otherwise.

1 Answer | Asked in Criminal Law, Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: Lived on ranch, owner of ranch destroyed everything I owned on purpose....

I lived on a ranch in a trailer that i did not own in exchange for taking care of the cows and other ranch duties, and earned money as an electrician off ranch. One day after work I got home and the trailer I was living in, and everything I owned in a pile of rubble. The ranch owner decided to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2019

you should have called the police when it happened to have him arrested, prosecuted and requesting restitution be a part of the sentence.

you can still try to do so...but with the lapse of time they may give you a hard time.

contact a civil lawyer in your area.

sue in small...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I am looking for a home out of state. I found one on Zillow. The realtor did not contact me but the owner did

He is now out of state as well. He is willing to work with me. I have never met him or seen the property in person. He is asking for half of the deposit to send me the keys. He says it is refundable. He says I dont have to pay the rest of the deposit unless I am going to take the place. Should I do... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 22, 2019

NO.

2 Answers | Asked in Landlord - Tenant for California on
Q: Can a hotel terminate your stay by force with no just cause?

My children and I have had an extended stay at The Residence Inn by Marriott in Oxnard, California for over eight months. I have remained current with all charges and fees and have spend over $70,000 in room and amenity charges We have recieved no complaints from the hotel regarding our stay. A... Read more »

William John Light
William John Light answered on Jul 19, 2019

They can rent the room to whomever they want. You have no right to force them to allow you to stay. Find another hotel. There are plenty in Oxnard that are willing to take your money.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord charge me for the removal and disposal of carpet 9-12 years old? I was there for 8 years.

She is not charging for the new carpet.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 19, 2019

No. Improvements are the owner’s responsibility. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: how do i file for a stay of eviction in contra costa county? i am 5 days from lockout
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 17, 2019

Use the attached form. Modify to your Number, Court and fill the blanks and file with the court and serve upon sheriff's office.

Best of luck.

___________________________

___________________________

___________________________

___________________________...
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1 Answer | Asked in Landlord - Tenant for California on
Q: i noticed a leak black mold in the wall. can not use shower. work has not begun can i deduct some rent for no shower

i noticed the black mold i told the landlord in may 2019 there has been an hole in the shower area since 2 weeks or more can not use the shower or the AC. I live in woodland Hills, ca a 1 bedroom. the shower is in the same area as the toilet and i have kept the doot closed because it smells. he... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 11, 2019

You are doing the right thing. Ask in writing for a rent reduction. If no answer then write another letter that you will move to a hotel during the work repairs. request a qualified firm to do the work and keep your receipt. Then request a refund for your hotel bill.

Best of luck.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Can a landlord blame dog for carpet fraying

Carpet was replaced and the edges are fraying and pulling up and they are blaming my dog, they are saying we are responsible for repairs even though I know my dog didnt do that to the carpet. He is crated when we are not home and he is not pulling up the carpet when we are. Is there any laws... Read more »

William John Light
William John Light answered on Jul 8, 2019

Maybe. Depends on age of the carpet and the damage that was done. If the carpet is worn and old, then probably not. If there are chunks taken out or rips, then maybe. If you and the landlord cannot come to agreement, you can sue him in Small Claims for return of your deposit.

1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Landlord - Tenant for California on
Q: May rent paid late, adding $25, paid May & June on May 26. Didn’t pay $25 late fee. Can they charge another $25?

I paid May’s storage a few weeks late. Was charged $25 late fee. When I paid May, I also paid June. But since I still had that u paid $25 late fee, they charged me another $25 since I didn’t pay the $25. It’s a late fee for an unpaid late fee. Is that legal?

Louis George Fazzi
Louis George Fazzi answered on Jul 3, 2019

Without seeing the storage contract, and the history of your payments, it is impossible to determine whether you are being charged incorrectly or not. Find a local legal aid clinic and go there and ask one of their attorneys your questions. Make sure you take your storage contract so the exact... Read more »

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: I need a pro bono attorney for a tenant/landlord eviction case, a domestic violence case

I have a restraining order. He filed one back. His mother is retaliatory and trying to evict me from the apartment, and I would like to file a civil suit as well

Dale S. Gribow
Dale S. Gribow answered on Jul 3, 2019

you are not asking this on a landlord tenant forum

clearly if you can't afford a private lawyer you should go to legal aid for civil issues and if you are arrest on a DV you need to ask for a public defender when you go to court.

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Is the sublease contract still valid?

I signed a sublease agreement but shortly after (2 weeks later) I was told by management that subleasing was not allowed and that we would be receiving an eviction notice in the near future. Is the sublease contract that I signed void? or is still still legally binding even though it was against... Read more »

Ellen Pilelsky
Ellen Pilelsky answered on Jul 2, 2019

A review of the underlying lease should provide the answer as to whether a sublease is allowable within the confines of your lease. If in fact there is a provision not allowing for a sublease, then your sublease agreement with the lessee is not valid.

1 Answer | Asked in Landlord - Tenant for California on
Q: I recently signed a lease as a tenant and manager failed to inform of infestation of roaches? Would this habitable?

Lease signed June 19th, property sprayed June 25th, roaches still present. Manager was informed of infestation and did not mention. Instead gave the month of June for free. I have not been able to move in as of June 29th do to roaches still present?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 30, 2019

Maybe you should talk to him to let you out of your lease. Otherwise, you are going to be unhappy. Or maybe another free month would be appropriate. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: How much work can my landlord do to my building with me living in it ?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 27, 2019

He can fix the outside without many problems while you are at work. Some minor things inside if you have complained about those items. Other repairs inside cannot be intrusive unless he is mandated by the City inspectors. If too many repairs infringe on your right to quiet enjoyment, you may ask... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I live in California . What can be done if Landlord dumps my property 2 days without notice.

Landlord didn't give me a 15 day written notice which is required in California before disposing a tenants property.Property consisted of disabled Walker ,disabled shower chair ,tools , vehicle pink slips, In home care documents, medicine , s.s. card ,dryer ,T.V., PS3 game unit & entertainment... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 25, 2019

Call the police and make a police report. Then file a lawsuit for recovery of the value of your property.

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