Lawyers, Answer Questions  & Get Points Log In
California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: I have a lease from my landlord .I rent to two others in the house. I want to ask one the tenants to move out.

The person as only been living with us for 30 days now . I feel uncomfortable with this in our house. What is my next step in asking this person to move out?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In California, if you are a master tenant (the person who rents directly from the landlord and then sublets to other tenants), you have the right to ask a subtenant to move out. However, the process and notice period required may vary depending on the type of agreement you have with the subtenant.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I set up a Calif LLC where the sole purpose is managing rental property & Air BnB? Thank you.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

Yes, under California law, you can set up a limited liability company (LLC) for the sole purpose of managing rental property and operating an Airbnb business. In fact, forming an LLC is a common strategy for real estate investors and Airbnb hosts to protect their personal assets and streamline... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How can i receive the CA Climate Credit as a sub-metered tenant?

I have asked the property manager many times about this and cannot get a straight answer. I have never had the credit applied to the bill I receive. According the CPUC, I should be getting this credit twice a year.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

If you're living as a sub-metered tenant in California and are not receiving your California Climate Credit, it's crucial to understand your rights and the steps you can take. The California Public Utilities Commission (CPUC) mandates that this credit be passed on to tenants like... View More

1 Answer | Asked in Family Law and Landlord - Tenant for California on
Q: Can you be locked out your house if you don't go to court can they vacate you if you haven't been to court yet
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, the process of eviction is a legal one that requires the landlord to follow a series of steps before forcibly removing a tenant from their property. Initially, the landlord must provide the tenant with a notice of eviction, specifying the reason for eviction, such as... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I was wondering if an apartment could charge me for unpaid utilities

I lived in an apartment in California 3 years ago, and they never reached out to me regarding the bill that was due. I just got an email from the corporate office saying that I had to pay it. They also took half the deposit, but didn't tell me what it was used for, so I assumed it was for that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

In California, landlords can charge tenants for unpaid utilities, but there are specific rules about notification and the use of security deposits. If you weren't informed of the utility bill during your tenancy or upon moving out, and if it's been a considerable amount of time (three... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: If a steam cleaning carpet company can’t clean a carpet damage from bleach spots can a landlord charge a tenant?

My tenants claim the carpet damage is normal wear and tear. I’m withholding applicable amount of carpet replacement quote from security deposit. A professional carpet cleaning company said the carpet can not be steam cleaned and is damaged to what appears to be bleach sprayed in numerous areas.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, landlords can withhold from the security deposit for damages that exceed normal wear and tear. Bleach spots on the carpet are generally considered damage rather than normal wear and tear. Normal wear and tear refer to the natural deterioration of the property over time due to... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Civil Rights for California on
Q: management is suing me for costs and lawyer fees for a cash for keys they made to a squatter that I was already evicting

It’s a rent controlled apartment and I’m a senior. Squatter was being investigated by FBI but property management chose to reward criminal behavior with $7g and run up $7g in attorney fees, while I was in the eviction process when forcible detainer eviction (civil code 1160) was a clear option.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

In California, tenants have rights under various laws, including those protecting against harassment, discrimination, and unfair eviction practices. Given your situation, including being a senior in a rent-controlled apartment and facing what appears to be aggressive legal action from property... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: SB-567-Homelessness Prevention Act will be enacted April 1, 2024. Does SB-567 Replace AB1482?Also, please see below

On Monday April 1, 2024 SB-567 will be Enacted-Does SB-567 Repeal-Replace The Tenant Protection Act of 2019-AB 1482,or is it in addition to AB1482 to strengthen Tenant Protections including loopholes that Landlords could previously exploit? Secondly, for San Diego SB-567 mirrors some of the Tenant... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

SB-567, the Homelessness Prevention Act set to be enacted on April 1, 2024, is designed to complement and enhance existing tenant protections under the Tenant Protection Act of 2019, also known as AB 1482. Rather than replacing AB 1482, SB-567 aims to fill in gaps and address any loopholes that may... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: can my mothers landlord tell her that her child cant come to her house? they dont live there,just visiting checking

they dont live there and they never told the child that they werent aloud there. there hasnt been any type of conflict. Only thing is that the child lived there for a little while until we were told that noone can stay thats not on the lease. but now there telling my mom that she will have to move... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Under California law, a landlord cannot unreasonably deny tenants the right to have guests, including family members, visit their home. This right is protected as long as the visitor does not violate the lease terms or stay long enough to be considered a tenant. Since you're only visiting to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I file a lawsuit against my previous landlord for wrongfully evicting me?

I was evicted from my home for the "just cause" reason of the landlord wanting to sell the property. However, the landlord never put the property up for sale and is now being advertised for rent again online. Isn't there something I'm able to do? It was also done while the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Under California law, if you believe you were wrongfully evicted under the guise of "just cause" for selling the property, but then discover the property is being advertised for rent again, you may have grounds to take legal action. The California Tenant Protection Act of 2019 provides... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Rented a condo from VRBO, after a few days I noticed their was at least 2 cameras on the premise do I have a case?

Called VRBO and host- host lied and then admitted they head a camera and have now took it down but it was up the entire time we were there- VRBO has done nothing to help me-

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Under California law, the use of cameras in rental properties where guests expect privacy, such as bedrooms or bathrooms, is strictly prohibited without clear and conspicuous notice. If the cameras you discovered were placed in areas where you had a reasonable expectation of privacy, you may have... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Landlord - Tenant for California on
Q: We are a couple we lived with landlord . We let a sick friend stay over in a spare room. He made wax without us knowing

The house blew up my girl wS burned I wasn't. We had no idea , he ran now DA 4 months later charge us , homeowner wrote letters that we didn't do it. We didn't. They want us to lose our home, jobs, everything and come to California now. Help please . It wasn't even our room... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In California, facing charges related to an incident you were unaware of is a serious matter that demands immediate attention. The fact that the homeowner has provided letters stating your lack of involvement could be beneficial. It's crucial to gather any evidence that supports your claim of... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord deny monetary moving assistance after I asked for more time to sign a letter they gave me?

About 2 months ago my property manager told us that the landlord was giving $2,000 to any tenants that wanted to move out. At the time we had thought about moving but it’s hard when you can’t find something affordable here in Los Angeles. Long story short, around March 20-21 we saw an apartment... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In California, landlords may offer incentives, such as monetary moving assistance, to encourage tenants to vacate their units voluntarily. If you were offered $2,000 to move out and you made decisions based on this promise, the landlord's offer could be seen as a binding agreement, especially... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: CCP that is Applicable to 3 Day Notice To Perform or Quit-does CCP detail what must be stated in 3 Day Notice To P-or-Q?

I was wondering what Code of Civil Procedure is applicable to a 3 Day Notice To Perform or Quit.There are a few different 3 Day Notices, and I was wondering what specifically must be included in a 3 Day Notice To Perform Or Quit? Thank You

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Under California law, the Code of Civil Procedure relevant to a 3 Day Notice to Perform or Quit is primarily found in Section 1161. This statute outlines the legal requirements for eviction notices, including those based on a tenant's failure to comply with the terms of the lease or rental... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Our apartment complex been without hot water for 2 weeks cuz the boiler is down and gave us 30day rent increase

They never even gave us notice that the hot water was going to be shut off

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Under California law, landlords are required to provide essential services such as hot water, and they must keep rental properties in habitable condition. If the hot water has been out for two weeks due to a boiler issue, this could be considered a violation of these requirements. Landlords... View More

1 Answer | Asked in Landlord - Tenant and Elder Law for California on
Q: Can a tenant be asked to move after a property sale because owners moved to assisted living?

There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Does the Ellis Act restrict me from renting out a room in my primary residence?

I am buying a unit in a tenancy-in-common that was converted from a rental property under the Ellis Act. I will live in the home and it will be my primary residence. I would like to get a roommate to share living expenses and would charge them rent for my spare bedroom. I know that the Ellis Act... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

The Ellis Act provides landlords with the right to exit the rental market by removing all units from rental use. This legislation primarily addresses situations where landlords wish to stop leasing their properties altogether and not when a homeowner wants to rent out part of their primary... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: Does the defendant of a small claims appeal need to serve plaintiff with exhibits to justify claim amounts?

I sued X-landlord for return of my security deposit; he countersued and won. I have appealed decision. The first time, I was blind sided because he had exhibits which I was unaware of because they were never served on me. Is he required to re-serve me his claim, including exhibits before this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

Under California law, when an appeal is made in a small claims case, both parties are generally required to follow the rules of evidence and procedure applicable to small claims court. This includes the requirement for each party to provide the other with copies of all documents and evidence they... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a CCP-Statute that says in UD Cases the Cause of Action(s) in the Notice To Vacate-Complaint must be same?

In an Unlawful Detainer Case, would you agree that the FIRST Cornerstone part of the Case is that the Complaint has a valid Cause of Action?If a Plaintiff, in an Unlawful Detainer Case has stated only One Cause of Action in the Complaint, and the Defendant has successfully argued that the Cause of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

Under California law, the cornerstone of an Unlawful Detainer (UD) case is indeed the complaint, which must articulate a valid cause of action. If a plaintiff in a UD case states only one cause of action in the complaint and the defendant successfully argues that this cause of action is invalid, it... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Plaintiff-Landlord-Attorney admits that he does not have a copy of the Rental Agreement-how can these claims be made?

In the Plaintiff's Complaint on page 2- question 6(f)(1)-The Plaintiff-Attorney states that the Landlord-Employees-Agents DO NOT have in their possession a Copy of the Lease-Rental Agreement.However, the Plaintiff-Attorney has stated in the Complaint on page 2- question... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

In responding to the false allegations in your writ of mandate or prohibition, you should directly refute the claims made by the plaintiff-landlord-attorney. If the plaintiff has admitted to not possessing a copy of the lease or rental agreement, highlight this in your response. Point out the lack... View 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.