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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord performs inspections of my private fenced in backyard w/out permission & w/out notice. Is that legal?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord raised my rent 9.25%, then 4 days after paying it. Billed me for 4 months of water bills. Is this legal?

Then 2 days later sent me a bill for current month. She is harassing me?

James L. Arrasmith
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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...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Was there any changes to when a landlord had to give notice to tenant about ab-1482.. or is it still 08/01/2020?

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant, Personal Injury and Health Care Law for California on
Q: My daughter is diagnosed bipolar with psychosis can’t honor two leases what can she do

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant for California on
Q: is my landlord allowed to charge me $200 because I did not move out when my notice was up and the roofers charged her?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I amended my answer to UD and asked for jury trial. Will they have changed court date because i cant find it in calendar

I filed my amend on the 17th and they notified me I had trial on the 24th which I was never notified about before, but I am unable to find my case on that court date provided is it possible that they had to change it due to me asking for a jury trial?

by the way, I’m in Ventura County

James L. Arrasmith
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answered on Jun 23, 2024

Good question!

1. Requesting a jury trial often changes the court process and schedule.

2. It's possible the court date has been changed due to your jury trial request, as jury trials typically require more preparation and a different court setting.

3. The fact that you...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Hello, how are you? I was wondering if you could explain why a Complaint must have at least One Cause of Action?

What CCP, Statute and or Rule of Court Mandates that a Complaint must have at least One Cause of Action? Is this more or less a definition of "A Cause of Action". A Cause of Action is a Legal Theory that States facts put forward as the Basis for a Lawsuit?What happens If a Plaintiff... View More

James L. Arrasmith
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answered on Jun 23, 2024

To answer your questions about causes of action in complaints under California law:

1. Requirement for at least one cause of action:

There's no specific statute that explicitly states a complaint must have at least one cause of action. However, this requirement is inherent in...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Q: I need help with a writ of supersedes and a request for an imidate temporary stay

I filed an Answer on 06/06/24 the plaintiff's attorney served me with a request to set trial on 06/07/24. Three days after my answer was filled on 06/09/24 the clerk rejected it for the following reason "Two parties are listed on number 1, but only 1 party and contact information is... View More

James L. Arrasmith
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answered on Jun 23, 2024

I understand you're dealing with a complex legal situation involving an appeal and potential eviction. Here's a breakdown of the key points and some general guidance, but please note this is not legal advice:

1. Timeline:

- 06/06/24: You filed an Answer

- 06/07/24:...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Does a Complaint have to have a Cause of Action for a Judge to enter a Judgement for The Plaintiff.

Is the reason a Complaint must have a Cause of Action for a Judge to enter a Judgment in the Plaintiff's favor,because if the Complaint does not have a Cause of Action the Court does not have Jurisdiction to enter a Judgment in The Case for the Plaintiff?Thank You for your time and your response.

James L. Arrasmith
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answered on Jun 23, 2024

To answer your question:

Yes, a complaint generally must state a valid cause of action for a judge to enter a judgment in favor of the plaintiff. This is a fundamental principle in civil procedure. The reason relates to jurisdiction, but it's a bit more nuanced than simply saying the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: What is the rent increment or percentage on a Self Storage Unit

After six months renting my Self Storage Unit in the city of Richmond California. I received a 30 days notice rent increase. From $250.00 To $350.00, which is around 40% rent increment.

Sincerely

James L. Arrasmith
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answered on Jun 22, 2024

I understand your concern about the significant rent increase for your self-storage unit in Richmond, California. A 40% increase is indeed substantial. Here's some information to help you understand the situation:

1. Legal regulations: California doesn't have statewide rent...
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1 Answer | Asked in Landlord - Tenant for California on
Q: can a roommate or landlord forbid two other roommates from getting together when it is not stated on the lease agreement

First the 3rd roommate said they didn't care and to go for it. the two roommates got together and the 3rd is now angry and threatens to kick them out if one steps foot into the other roommates bedroom. Also forbid you to have anyone in your room how a parent would. the two roommates... View More

James L. Arrasmith
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answered on Jun 21, 2024

1. Lease agreement: If there's nothing in the lease agreement prohibiting roommates from entering each other's rooms or forming relationships, the third roommate doesn't have the authority to enforce such rules.

2. Landlord's role: Unless specified in the lease, a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If a Complaint Does Not state a Cause of Action-Does that mean The Court DOES NOT have Jurisdiction to enter judgment?

In a Prima Facie Case-It is possible that a judgment was entered based on The Case not having been read or looked over, but if after a Judgment was entered, it is brought to The Courts attention that the Plaintiff DID NOT state facts sufficient to state a Cause of Action-In correcting itself, is it... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that involves several important concepts. Let me break it down:

1. Failure to state a cause of action:

If a complaint fails to state a cause of action, it means that even if all the facts alleged in the complaint are true, they do not give rise to a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: my girlfriend and I would like to know how we should go about handling a wrongful eviction. we were served last night

so we had previously been working for our landlord as air BNB host. She agreed to pay us for our work but never did. so after a couple months we refused to pay the rent due to the fact that she didn't pay us for our work. also so has lied on the complaint filed against us stating that we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Document everything: Gather all evidence of your work agreement, communications with the landlord, and any proof of the work you performed.

2. Respond to the eviction notice: You...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Landlord - Tenant for California on
Q: Can I request a fair hearing?

What forms do I need to get a fair hearing? The judge didn't let me show or explain anything,I worked very hard on my testimony and have proof of all defenses as to why I shouldn't have to pay my landlord.The court was very unfair and I was already nervous by the plaintiff attorney who... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're feeling frustrated with the outcome of your court case and the issues you've experienced with your rental property. Here's some general information about requesting a fair hearing or appealing a decision in California landlord-tenant cases:

1. Appeals...
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1 Answer | Asked in Business Law, Construction Law, Contracts and Landlord - Tenant for California on
Q: Claim of Mechanics Lien by tenant for work done on rental prop without any contract or written permission by landlord

Tenant claims he got work done in Sept 2022 on rental property with permission from the deceased spouse of the landlord but the surviving spouse does not know about work or permission. No written contract or permission but the tenant has videos of work being done in Sept 2022.

The surviving... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving several areas of California law. Let's break down the key issues and address your questions:

1) How should the landlord handle this Claim of Mechanics Lien & proceed with sale of property?

The landlord should take this claim seriously,...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a tenant be hired as resident mngr in the same building, therein giving them access to all tenants personal info etc

We are in San Francisco. The individual in question has neither previous experience nor any relevant certificate or accreditation. Tho' not presenting as such, the building is zoned as an SRO. The offsite property management uses appfolio. Since the sale in 2015 when the current offsite PM... View More

James L. Arrasmith
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answered on Jun 20, 2024

This is a complex situation with several legal and ethical considerations. Here's an analysis of the key points:

1. Legality of hiring a tenant as resident manager:

Generally, it is legal to hire a tenant as a resident manager. However, the lack of experience and qualifications...
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 21, 2024

Thank you for your question!

A subtenant has a contractual relationship with a leasing tenant.

Also, LL is in privity with the subtenant. (Because the subtenant is still in the possession of the property)

LL can sue either the tenant or subtenant to recover the rent....
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

James L. Arrasmith
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answered on Jun 20, 2024

This situation involves several legal issues related to contract law, landlord-tenant law, and potentially fraud. Let's break down the key aspects:

1. Contractual relationships:

- A (subtenant) has an agreement with LL (landlord) to pay rent

- B (another subtenant) had...
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1 Answer | Asked in Landlord - Tenant for California on
Q: The landlord won’t allow kids to play soccer, we end up getting fined

I don’t believe such a rule is listed under contract, several neighbors are having various complaints about the landlord

James L. Arrasmith
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answered on Jun 20, 2024

This situation involves several important aspects of landlord-tenant law and property rights. Let's break it down:

1. Lease agreement: First, review your lease agreement carefully. If there's no specific clause prohibiting soccer or similar activities, the landlord may be...
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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2024

Generally, if housing is part of the employment bargain, the employer can terminate the right to be on the premises immediately upon termination of the employment relationship. No advance notice is required.

There are some narrow situations where you might be considered a tenant. However...
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