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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Bait and switch for a apartment I was going to move in to. I already signed the lease and gave 30 day notice.

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: I reside in an apt that and the rent but not on lease. Am I the legal tenant ?

The property has been accepting the payments from me although the company I used to work for signed the lease for me.

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

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 »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can I terminate the lease of a tenant in a rent control area who has occupied the rental for less than 12 months?

We are in the process of completing the purchase for a duplex in Los Angeles (area code 90038).

The duplex is in a rent control area and the one side of the duplex is occupied by a tenant that signed to lease the property until 2021 for $800 below market value.

We were intending for... Read more »

John Francis Nicholson
John Francis Nicholson answered on Oct 9, 2020

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;...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Selling Single Family Home Rented Out Month to Month Lease, Tenant Current on Rent

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 8, 2020

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.

Justia Disclaimers...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Tenant no longer paying rent and no COVID loss best way to start an eviction. We wanting to take unit off rental market?

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 7, 2020

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 »

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1 Answer | Asked in Landlord - Tenant for California on
Q: How do I get my security deposit back if cotenants are staying and I am the only one leaving?

I don't want to be responsible for damage that may occur after I leave the property, but my security deposit is still with held by the landlord. What are my rights to get my money back?

Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I use domestic violence to get out of my lease if the other tenant & I were never in a relationship but had a fight?

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

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 »

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Real Estate Law for California on
Q: During the moratorium am I allowed to give my tenant a 3-day notice for nuisance regarding a pet's constant barking?

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: As a tenant, what rights do I have to have our property management company fix issues on a rental?

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: How can I recover damages from tenants who broke lease, caused damages, when moratorium is in effect?

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord give me a 30 day notice to vacate if I have lived here for over 6 years but am on a month to month lease

What are my options at the end of the 30 days when he demands I move out

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: My LL gave me a defective 60 day notice. It is not valid because he did not offer relocation assistance.

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 »

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

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 »

2 Answers | Asked in Criminal Law and Landlord - Tenant for California on
Q: Can a landlord kick me out/ get a restraining order for withholding my rent ?

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

Dale S. Gribow
Dale S. Gribow answered on Sep 29, 2020

MORE INFO NEEDED

A LANDLORD HAS TO GIVE 3 DAY NOTICE AND THEN FILE AN UNLAWFUL DETAINER THAT GIVES YOU 30 DAYS TO ANSWER.

CONTACT LEGAL AID IN YOUR COMMUNITY OR A LOCAL LAWYER THAT MAY GIVE A FREE CONSULTATION.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My boyfriend and I are on a yr apt lease and are separating. Does he have the right to tell me I have 30 days to move?

Both our names are on the lease agreement.

Maurice Mandel II
Maurice Mandel II answered on Sep 28, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: My rights moved in with bf 1 year ago which he should of moved out of room about 6years ago landlord knew he was still

There and was aware of me moving in and never question it but now all of a sudden they want to demolition this build and want us out now do we have rights

Maurice Mandel II
Maurice Mandel II answered on Sep 26, 2020

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My apt complex has a security company tow numerous cars daily. In un numbered, uncovered, seemingly open spaces.

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 »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord is selling the property, and wants me to move, I can't find anywhere to move that suitable for me and my

elderly /disabled mom, I am current on my rent. What happens if I cant find a place before the 60 days? can He evict me? and am I'm Intitled to a relocation fee? Please help

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

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.

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2 Answers | Asked in Landlord - Tenant for California on
Q: landlord has sold the house im living in and hasnt given me a 60 day notice and is telling me i have to go and much more

the ac is broken and he said he wont fix it. they are being complete jerks to me and my family. this covid crap has made things extremely difficult . i need help.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

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 »

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1 Answer | Asked in Landlord - Tenant for California on
Q: unlawful detainer filed against me for non payment court date was in March court date reset for 10/8 can I be evicted

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

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

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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: Lease endEd today & tenant is a no-show to return keys. Personal belongings are still in the unit. What are my rights?

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 »

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

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 »

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