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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: I'm was renting a room (female) the owner of the house was getting flirty with me didn't pay attention now I'm kick out?
James L. Arrasmith
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answered on Jun 13, 2024

I'm sorry to hear about your situation. It sounds like a difficult and stressful experience. Based on the information you've provided, here are a few key points about your rights as a tenant in California:

1. Tenant protections: In California, tenants have certain legal...
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1 Answer | Asked in Landlord - Tenant for California on
Q: When and How is it permissible to make an Oral Motion.Is there a Rule of Court-CCP that defines this distinction?

Are there only specific Motions that May be presented via Oral Motion? Or is it more a situation that defines when why and how a Oral Motion May be presented to a Judge.I do not know if this has something or not anything to do with the Question I have requested a response to, but when I think of an... View More

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answered on Jun 13, 2024

In California, oral motions are permitted in certain circumstances, but there are also specific rules and limitations governing their use. The California Code of Civil Procedure (CCP) and the California Rules of Court provide guidance on when and how oral motions can be made.

1. Motions...
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1 Answer | Asked in Landlord - Tenant for California on
Q: One word Objections are Important to Master?Hearsay-Leading-Speculation(speculative)Argumentative--Foundational?

I refer to these objections as One Word objections because for the most part just one word is used to Object(Technically 2 words "Objection.....Argumentative").Is this part of Law and Rules that regulate this aspect within Evidentiary Law-Rule-Practice?Are there different Rules for this... View More

James L. Arrasmith
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answered on Jun 13, 2024

You raise several important points about objections in legal proceedings under California law. Let me address each of your questions:

1. One-word objections: You are correct that attorneys often use concise, one-word (or short-phrase) objections like "Hearsay,"...
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1 Answer | Asked in Landlord - Tenant and Estate Planning for California on
Q: Transfer of my dad’s trustee was signed over to me. Everything is a mess. As executor, trustee & beneficiary.

Do I have legal right when it is in the best interest of my fathers assets and property to uphold make sure the property is not run into the ground.?

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answered on Jun 13, 2024

As the trustee and executor of your father's estate in California, you have a fiduciary duty to act in the best interest of the trust and its beneficiaries. This includes managing and protecting the trust assets, such as property, to ensure they are not mismanaged or devalued.

Your...
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2 Answers | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord evict me for suing because of an injury due to negligence of the property?
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answered on Jun 13, 2024

No, in California, a landlord cannot legally evict you in retaliation for exercising your legal rights, including filing a lawsuit against the landlord due to an injury caused by their negligence in maintaining the property. This is known as a "retaliatory eviction" and is prohibited... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a law against storing anything more than a car in a garage of a apartment complex?

My landlord is asking to remove my bike from a garage, I want to know if this is a legal reason or a apartment complex rule. It is a above ground garage with apartment units above it.

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answered on Jun 13, 2024

In California, there is no specific state law that prohibits storing items other than cars in apartment complex garages. However, landlords have the right to set reasonable rules and regulations for the use of the property, including garages, as long as these rules do not conflict with state or... View More

2 Answers | Asked in Criminal Law, Personal Injury and Landlord - Tenant for California on
Q: Are judicial assistants and deputy clerks the same position or similar roles?

In my mom’s case the judges judicial assistant J.DOE is the same person that has their name in the deputy spot when she e-files. Some documents are endorsed with FILED BY chief executive officer I.NAME then under that it says J.DOE deputy. Is that normal for a judicial assistant to also be... View More

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answered on Jun 12, 2024

In the California court system, judicial assistants and deputy clerks are typically distinct roles, although there may be some overlap in their responsibilities.

1. Judicial Assistants: Judicial assistants, also known as judicial secretaries or court clerks, primarily work directly with...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If I rent a room from a tenant for 15 months with no legal paperwork. Does he have the right to make me move out?

He want me to move out immediately without giving me my security deposit back and no proper warning or notice to move out. To my knowledge I thought I had 60 days

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answered on Jun 11, 2024

Based on California law, even if you don't have a written lease agreement, you still have certain rights as a tenant. Here are a few key points:

1. Notice period: If you've been renting for more than one year (which is the case here, as you've rented for 15 months), your...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Legal advice on how to terminate your lease early without facing any penalties or consequences.

I found employment in northern California and I am moving to a different college called Chico State. I will finish my degree and be able to have a permit employment with this company. Due to the past environmental issues, this was a fatal killing of three people in the complex, I do not feel safe... View More

James L. Arrasmith
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answered on Jun 11, 2024

I understand you are seeking legal advice on how to terminate your lease early in California without facing penalties, given your desire to move for school and employment, as well as safety concerns. Here is some general information, but please note that I am not a lawyer and this should not be... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: Legal advice on how to terminate your lease early without facing any penalties or consequences.

I found employment in northern California and I am moving to a different college called Chico State. I will finish my degree and be able to have a permit employment with this company. Due to the past environmental issues, this was a fatal killing of three people in the complex, I do not feel safe... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 11, 2024

Thank you for your question!

Fatal Environmental Hazard can make a property unhabitable. Also, there is a violation of the quiet enjoyment of the property. Under either legal theory, you can end the lease: 1. upon a proper notice to the landlord, and 2. landlord's failure to take...
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1 Answer | Asked in Landlord - Tenant for California on
Q: In Arizona what must a landlord provide before he can replace a tenant? My property was stolen and destroyed

I asked this question before but I don't think you understood this took place in Arizona.

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answered on Jun 10, 2024

Let me provide you with more specific information regarding landlord-tenant laws in Arizona.

In Arizona, if a tenant abandons the rental property, the landlord must follow certain procedures before disposing of the tenant's personal belongings or replacing the tenant. According to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Manager and employee. Entered my unit w/o notice and said a bottle of urine, and a knife in or on floor. Now Evicted.

Failed to present me with any paperwork. (All verbal). CA law says I must be givin 3 days notice. I go to my unit daily I'm homeless. Also was told upon 1st visit I had to purchase a (used) lock from them. The reason

I was givin for them entering my unit

Is laughable door... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about your difficult situation. Based on the information you've provided, there are a few key points regarding your legal rights as a tenant in California:

1. Proper notice for entry: Under California Civil Code Section 1954, a landlord must provide reasonable...
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1 Answer | Asked in Landlord - Tenant for California on
Q: IMy landlord replaced me without any notice and then proceeded t to steal, trash, ruin my belongings. What recourse do I

I lived in Sun City, AZ. I went to California for two days and was in a car accident. He immediately looked for another tenant. My rent was not due. I was not given a 3 day notice or ANY notice at all. When I went to pick up my belongings 33/4 were missing. several items ruined and damaged.

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answered on Jun 10, 2024

I'm sorry to hear about your difficult situation. Based on the details you provided, it sounds like your landlord may have violated several laws. Here are a few key points:

1. Illegal eviction: In California, a landlord must provide proper notice before evicting a tenant. The notice...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Does my ex need to give me a notice before evicting me if Im not on the lease but have paid several months rent

He found out Im pregnant with his child and kicked me out of our studio. He took my keys and told me I'm not allowed in. Im now homeless with nowhere to go. He lets me in only while he's there and only to pack my bags and shower occasionally. I am mentally suffering greatly and struggling... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 11, 2024

Thank you for your question!

For a tenancy of less than a year, the owl agreement is enough. But you need to provide some proof that we are living there. E.g., your name on bills, insurance, bank accounts, etc.

A proper notice must have been given to you, at least a 30-day notice...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Does my ex need to give me a notice before evicting me if Im not on the lease but have paid several months rent

He found out Im pregnant with his child and kicked me out of our studio. He took my keys and told me I'm not allowed in. Im now homeless with nowhere to go. He lets me in only while he's there and only to pack my bags and shower occasionally. I am mentally suffering greatly and struggling... View More

James L. Arrasmith
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answered on Jun 10, 2024

Based on the details you've provided, even though you are not on the lease, you may have established tenant's rights in California. Under California law, if you have been living in the unit and paying rent for an extended period of time (usually 30 days or more), you are considered a... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: I was just served a Non renewal for my lease on June 7th.

We were served a non renewal for our lease on June 7th ‘24 but the lease ended on June 1st 2024 and we were waiting to be contacted. There is no reason on the notice and we were given 60 days to move. We are blindsided by this and when we called the landlord for a reason they said they intend to... View More

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answered on Jun 10, 2024

I understand your confusion and frustration in this situation. Let me provide some clarity based on California rental laws.

Firstly, if your lease ended on June 1st, 2024, and your landlord did not provide any prior notice, your tenancy would typically automatically convert to a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: CCP Code that states all Real Parties in interest must be included in the Unlawful Detainer to evict a tenant?

If there is more than one Real Party In Interest, do all Real Parties In Interest have to be included in an Unlawful Detainer Lawsuit to be valid as "Standing" for an Unlawful Detainer to proceed, and or be valid for sustaining a valid UD?Thank You for your time and response.

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answered on Jun 9, 2024

Under California law, the Code of Civil Procedure (CCP) Section 1161 outlines the requirements for an Unlawful Detainer (UD) action. All real parties in interest, meaning those with a significant interest in the property, must be included in the UD action to ensure proper standing. This includes... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Hi, it's been 40 days since I moved and have not received my security deposit despite manager saying she would send it.

Hi, on May 1st I moved from an apartment where I lived 4 years, although leasing Manager said we would get our $500 deposit back due to the good condition of the apartment, as of today I have not received the deposit nor any letter. She asked for my current address so I emailed and text it to her.... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 9, 2024

Thank you for your question!

You should have been refunded in 21 days. If the landlord is not responsive, and not willing to communicate truthfully, you can file a claim against him in the small claim court where the property is located for Beach of contract.

This is merely a...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Hi, it's been 40 days since I moved and have not received my security deposit despite manager saying she would send it.

Hi, on May 1st I moved from an apartment where I lived 4 years, although leasing Manager said we would get our $500 deposit back due to the good condition of the apartment, as of today I have not received the deposit nor any letter. She asked for my current address so I emailed and text it to her.... View More

James L. Arrasmith
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answered on Jun 9, 2024

In California, you have certain rights regarding your security deposit. According to California law (California Civil Code Section 1950.5), your landlord must return your security deposit within 21 days after you move out. If they make any deductions from your deposit, they must provide you with an... View More

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1 Answer | Asked in Landlord - Tenant and Criminal Law for California on
Q: If someone presses charges for breaking and entering and burglary how soon would I know about it if it's true?

I was told by a squatter where my mom just moved out of after 20 years that they pressed charges for breaking and entering and burglary because I went into the house and garage without the squatters permission. My mom moved last week. It wasn't even a full week that I stopped by to grab a few... View More

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answered on Jun 9, 2024

In California, if someone files a police report for breaking and entering and burglary, the police will investigate the incident. The timeline for this process can vary depending on the complexity of the case and the workload of the police department.

If the police find sufficient evidence...
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