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California Landlord - Tenant Questions & Answers
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.

James L. Arrasmith
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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

James L. Arrasmith
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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

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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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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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

James L. Arrasmith
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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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1 Answer | Asked in Landlord - Tenant and Criminal Law for California on
Q: Can I expect any charges regarding burglary? From a tenant who was more a squatter?

I lived there for years up till 6 years ago. My mom has lived there the past 23 years up till last weekend. When I moved out mom got a few different roommates to help. 2 years ago a lady moved in n my sis n her bf too After this last 6 months mom n step dad was ordered to vacate the house with no... View More

James L. Arrasmith
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answered on Jun 9, 2024

Based on the information you provided, it seems that the situation is complex and there are several factors to consider. However, I can provide some general guidance on the potential legal implications.

In California, burglary is defined as entering a structure with the intent to commit a...
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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Hi, could I get reimbursed as a tenant from damages resulting from home repairs.

The ceiling at my apartment started leaking. The University has it's own technicians to deal with it, but the repairs took about 6 days, out of which the kitchen and living room where out of order and the entire house of course smelled awfully. I did ask for reimbursement regarding meals at... View More

James L. Arrasmith
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answered on Jun 8, 2024

As a tenant in California, you have certain rights when it comes to habitability and repairs. While the university may have language in the contract that limits their liability, they are still obligated to provide you with a habitable living space and to make necessary repairs in a timely manner.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: May 29, 2024-Clerk in Appeals Department told me I had to submit a Request for Ext. of time on pleading paper ?Thank You

Even after I told The Clerk over the phone on May 29, 2024(15th Day), that I submitted The Request for an Extension of time to file My opening Brief w/proof of service on or before the 15th Day prior to 4:30 pm-The Clerk told Me that I would have to file a Request for an extension to file My... View More

James L. Arrasmith
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answered on Jun 8, 2024

Based on the information you've provided, it seems that you filed a Request for Extension of Time to file your Opening Brief along with proof of service on May 22, 2024, before the 4:30 pm deadline, which was the 15th day prior to the due date of your brief. You have a time-stamped copy of... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How do you interpret this action by The Presiding Judge of The San Diego Superior Court Appeals Department?Thank You

I received a letter in The Mail yesterday signed by The Presiding Judge of The Appellate Division of San Diego Superior Court-xx.The letter was an ORDER and it said exactly this:"ORDER VACATING DISMISSAL AND GRANTING REQUEST FOR EXTENSION OF TIME TO FILE OPENING BRIEF".The Appeals... View More

James L. Arrasmith
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answered on Jun 7, 2024

Based on the information provided, here is my interpretation of the action taken by the Presiding Judge of the San Diego Superior Court Appeals Department:

1. You filed a request for an extension of time to file an opening brief in your appeal on the last day allowed (the 15th day)....
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1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Apartment windows leaking water landlord had windows caulked. Months after, ceiling collapsed is landlord at fault ?i

The last 2 years windows have been leaking water Landlord had windows caulked windows continued to leak and then one night after rain a 4 x 4 section of ceiling collapsed hitting my girlfriend she been complaining of headaches and upper back pain is the Landlord at fault for negligence

My... View More

James L. Arrasmith
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answered on Jun 7, 2024

Under California law, landlords have a responsibility to maintain a habitable living space for their tenants. This includes ensuring that the apartment is free from water leaks and other hazards that could pose a risk to the tenants' health and safety.

In your case, it seems that the...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I'm currently facing a rental dispute regarding my lease in California.

need to transfer my lease to a new tenant or conduct a lease takeover due to an urgent situation. However, the lease agreement has specific clauses about assignment, subletting, and adding additional occupants that seem restrictive and potentially void without prior written consent from the... View More

James L. Arrasmith
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answered on Jun 6, 2024

Here are some steps to help resolve your lease transfer situation in California:

1. Review your lease agreement carefully, paying close attention to the clauses related to assignment, subletting, adding occupants, and early termination. Note any specific requirements or restrictions...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I'm currently facing a rental dispute regarding my lease in California.

need to transfer my lease to a new tenant or conduct a lease takeover due to an urgent situation. However, the lease agreement has specific clauses about assignment, subletting, and adding additional occupants that seem restrictive and potentially void without prior written consent from the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 6, 2024

Thank you for your question!

It seems that your lease agreement allows subleasing/assignment conditioned on the landlord's consent.

Landlord's consent must be reasonable, and he cannot just withdraw his consent not to allow subleasing. For example, if the new tenant has...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord for any reason require you to do MONTHLY walk thru inspections (similar to annual) in Irvine Ca

Weve lived in our home for 8 years. This last year our LL has required of us monthly inspections, same as our annual. We do live in affordable housing, but are not a part of any "program". For the last year our LL has required this of us under the idea that they have new contracts with... View More

James L. Arrasmith
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answered on Jun 6, 2024

Under California law, landlords must respect the privacy and quiet enjoyment of tenants. While landlords are allowed to conduct inspections, these should be reasonable and not excessively frequent. Monthly inspections, especially if they cause significant disruption or distress, could be considered... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: ROA Entries are missing-is this a problem for The Court and Vicariously The Plaintiff?(details below).Thank You

About 3 Months ago I went to the San Diego Superior Court Business Office in The Hall of Justice and I spoke with xx who is the Operations Manager of The Business Office .I asked xx about the existence of two Documents-The REVISED NOTICE AND ORDER TO VACATE and Thee 28 page ORDINANCE-#21647. Ms.... View More

James L. Arrasmith
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answered on Jun 6, 2024

Based on the information you provided, it seems there are some issues with the Register of Actions (ROA) entries in your case at the San Diego Superior Court. The ROA is a crucial document that chronologically lists all the events and filings in a case. Having missing or out-of-order entries could... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Pages-8 & 9 of ROA Document for September 5, 2023-6 entries for that date-Entries 43-44-51-52-53-54.I count 6 missing?

There are 6 ROA entries missing for that date of September 5, 2023-The range of Entries are from ROA Entry #43 thru#54.Out of a possibility of 12 total entries that should appear on September 5, 2023 there are only 6 that appear on September 5, 2023.More specifically, ROA Entry #43 is posted on... View More

James L. Arrasmith
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answered on Jun 6, 2024

Thank you for providing this detailed breakdown of the ROA (Register of Actions) entries for September 5, 2023. Based on the information you've shared, it appears that there are indeed 6 missing entries within the specified range of ROA Entry #43 through #54.

Your deductive reasoning...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Breaking a month to month lease

As a landlord I want to break my tenants lease because they won’t agree to me raising the rent. Can I write my own document saying i’m ending the lease? Or do I need to get an actual lawyer to write up a termination. Thank you.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 8, 2024

Thank you for your question!

There is a huge difference between a commercial and a residential lease. (This information is missing in your question).

Residential lease:

A good cause for eviction is required in many cities or properties. Give a 30-day notice of the increase...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: Breaking a month to month lease

As a landlord I want to break my tenants lease because they won’t agree to me raising the rent. Can I write my own document saying i’m ending the lease? Or do I need to get an actual lawyer to write up a termination. Thank you.

James L. Arrasmith
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answered on Jun 5, 2024

In California, a landlord can terminate a month-to-month tenancy by serving the tenant with a written 30-day notice if the tenant has resided in the property for less than one year, or a 60-day notice if the tenant has resided in the property for one year or more. You do not need a lawyer to write... View More

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