Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
What is the Statute or CCP that details a Court lacking Subject Matter Jurisdiction if a Complaint does not state a Cause of Action?Thank You for your time and response?
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answered on Jul 1, 2024
There appears to be some confusion in this question. Let me clarify a few key points:
1. Failure to state a cause of action and lack of subject matter jurisdiction are two distinct legal concepts.
2. A failure to state a cause of action does not automatically mean the court lacks... View More 
What Can I do if the 'Hotel" rented me a room with a smoke detector that was covered in plastic (plastic Bag (I think). My safety was obviously in danger. Can I recover my funds paid for the evening being as I was frightened after I noticed it, and gather my belongings and immediately... View More
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answered on Jul 1, 2024
This is a concerning situation. Here's a concise response addressing the key points:
1. Legality: It is not legal for a hotel to rent a room with a defective or tampered smoke detector. This violates fire safety codes and puts guests at risk.
2. Your actions: You did the right... View More
Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be... View More
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answered on Jun 30, 2024
Based on the information provided, there are several aspects to consider in this security deposit dispute:
1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely... View More
All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.
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answered on Jun 30, 2024
I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.
1. Eviction status: You mention "evicted tenants," but it's not clear if the... View More
Can I also file a Writ of Mandate to The Fourth District Court of Appeals(I believe that is the Court to file a Writ with after the San Diego Superior Court Appeals Department), for Limited Unlawful Detainer Cases?Thank You for your time and your response.
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answered on Jun 29, 2024
1. Injunction to stop eviction:
It's possible to file for an injunction, but at this stage (after a 5-day notice from the Sheriff), it's very unlikely to succeed unless there are exceptional circumstances or serious legal errors in the eviction process.
2. Writ of Mandate:... View More
Ive been paying for refuse to Long Beach city. I received bills every month. So I assumed the landlord no longer pays for refuse. But yesterday I double checked with the landlord and the city, and this entire time the landlord wasn’t registered to the city to pay my refuse. So I’ve been paying... View More
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answered on Jun 29, 2024
Based on the information provided, it seems you may have a valid claim to recover the refuse payments you've made over the past two years. Here's a breakdown of the key points and potential next steps:
1. Lease agreement: Your lease explicitly states that the landlord is... View More
I had court today with my Landlord in court room 4. The judge asked me if I had said I wouldn't pay unless she fixed the problems. I wasn't a 100% sure so I said I didn't think so. I just went through all the texts and I did! Also she raised my rent during COVID claiming because of... View More
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answered on Jun 29, 2024
Based on the information you've provided, it seems there are several important legal issues at play in your landlord-tenant dispute. Here's an analysis of the key points and some potential next steps to consider:
1. Judge's statement: The judge indicating they would have... View More
I found the text messages and also there is several other things. I did tell my landlord I wouldn't pay unless she fixed problems but I wasn't sure because it had been so long. Also she raised my rent several times during COVID. Can I appeal and do a counter suit m
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answered on Jun 29, 2024
Based on the information provided, here's a concise overview of your situation and options:
1. Appeal:
- Generally, you have a limited time to file an appeal after a court decision (often 30-60 days).
- Appeals are typically based on legal errors, not new evidence.... View More
The account was in her name and I was added as a secondary person so that I could call about concerns about our bill last fall. I was removed completely from the account on May 24th. I called the utility company and they say I am responsible for the bill since I was a resident and it does not... View More
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answered on Jun 28, 2024
To provide the most accurate response, I'll break down the key aspects of this situation and discuss the legal implications:
1. Account ownership:
The primary account was in your roommate's name, and you were added as a secondary person.
2. Your status:
You... View More
He does receive mail at the apartment. We just broke up and he says he doesn’t have to leave. What is he entitled to? Can I make him move out?
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answered on Jun 27, 2024
In California, even though your boyfriend does not pay rent or utilities, he may still have tenant rights because he has lived with you for eight months and receives mail at the apartment. This establishes residency, and you may need to follow formal eviction procedures to make him move out.... View More
I have lived in my apartment for 5 years now and have carried my own renters insurance due to the issues with the plumbing in our unit. My liability is for 50k and they are now requiring me to have 100k or they will charge me for their insurance. My original lease does not say renters insurance is... View More
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answered on Jun 27, 2024
Based on the information provided, here's an analysis of the situation:
1. Original lease agreement:
- Did not require renters insurance
- Only recommended renters insurance
2. New addendum:
- Requires renters insurance
- Demands a higher... View More
answered on Jun 29, 2024
Thank you for your question!
If the timing is proper, you can file a motion to set aside the judgment. File it and serve it to each party. The noticed motion can have:
Notice of the motion, memorandum of authority, Declarations, evidence, judicial notice, proof of service.... View More
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answered on Jun 27, 2024
Filing an ex parte motion to set aside a judgment may be appropriate if:
1. The judgment exceeded the court's jurisdictional limit.
2. A writ of execution was issued based on this potentially invalid judgment.
However, to give you more specific advice, I'd need... View More
I am disabled and my car has been stolen from my driveway because of the gate not closed
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answered on Jun 27, 2024
I understand you're facing a difficult situation with the security gate at your apartment complex in Oakland, California. Let me provide some key points to consider:
1. Landlord responsibilities: In general, landlords are responsible for maintaining common areas and ensuring reasonable... View More
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answered on Jun 26, 2024
When an unlawful detainer trial is "trailing," it means the trial has been postponed and is waiting for an available courtroom or judge. This is a common practice in busy court systems to manage caseloads efficiently.
For you as a tenant, whether this is good or bad depends on... View More
I live in CA. My landlord performs inspections of tenant's private fenced in backyards without permission & without giving notice by peering into my yard from the other side of my fence, 10' from my big see through sliding glass door. They are not entering my apartment & they are... View More
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answered on Jun 26, 2024
To properly address this question, we need to consider several aspects of California landlord-tenant law and privacy rights. Here's an analysis of the situation:
1. Right to quiet enjoyment:
Tenants in California have a right to "quiet enjoyment" of their rented... View More
Then 2 days later sent me a bill for current month. She is harassing me?
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answered on Jun 25, 2024
I understand you're concerned about your landlord's actions. Let's break down the situation and examine the legal aspects:
1. Rent increase:
California has statewide rent control laws under the Tenant Protection Act of 2019. The maximum annual rent increase is... View More
I’m in the middle of an unlawful detainer right now. The Landlord attorney is trying to settle this out of court and one of my defenses is that they didn’t ever give me proper notice of being exempt and hes claiming that there was a change to when they had to give notice he mentioned (1946.2)... View More
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answered on Jun 24, 2024
To answer your question directly, as of my last update in April 2024, there have been no significant changes to the notice requirements for AB-1482 (also known as the Tenant Protection Act of 2019) regarding when a landlord must provide notice of exemption. The original deadline of August 1, 2020,... View More
She was project director for AbbVie Pharmaceutical in Irvine making good money until she got invited to a James Bond themed party and somebody slipped her something and she has been like this since. She has been in 5 behavioral hospitals since, there’s alot more but thanks
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answered on Jun 24, 2024
I'm sorry to hear about your daughter's difficult situation. This is a complex issue that involves both legal and health considerations. Here's some general guidance, but please note that specific legal advice would require consulting with a lawyer familiar with California tenant... View More
I was given you 60 day notice to vacate no fault just caused so she can get the roof fixed. I did not move out in time and the roofers supposedly charged her for having to change plans and she made me pay that fee
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answered on Jun 24, 2024
To provide the most accurate advice for this situation, it's important to consider several factors:
1. Lease agreement: First, check your lease agreement to see if there are any clauses related to holdover tenants or fees for not vacating on time.
2. California law: California... View More
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