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Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California on
Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More

James L. Arrasmith
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answered on Jul 21, 2024

The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Landlord - Tenant for Kentucky on
Q: I need attorney who can see how big of a case I have and help me do something about it? someone should have helped me

Not too long ago our circuit court clerk made national headlines when she violated a gay couple. They sued and won. The city had 2 pay 4 violating the constitutional rights of that couple. I said that 2 say this town won't change till theyreforced 2. despite me calling on every legal... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about what you've been through. You should find a lawyer who can help you hold your landlord accountable for his actions and the severe harassment you’ve faced. It’s important to document all instances of harassment, threats, and any disconnection of... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for California on
Q: If I am renting and a judge orders the house I rent to be sold after a divorce in california, can they make me move out

Can they make me move out immediately if I have already paid the rent?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.

The new owner of the property must honor your existing...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Renting a room and the landlord locked me out , turns off a/c during heatwave

I am disabled my husband is 62 we renting a room in an apartment only been here a month and a half the landlord's not only screaming and threatening us but forced us to be afraid and have to huncker down in our bedroom until she leaves again sometimes for 2 days, she locked me out during this... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you're facing. First, document everything: take notes, photos, and videos of the incidents, including the landlord's behavior and the conditions of the room. This documentation will be essential if you need to take legal action.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I was forced to leave a sober living home after I paid my rent without any papers served to do I have a case?

I entered a recovery program in may 2024. I decided to leave the program against clinical advice in July because I didn’t feel it was the right fit for me. July 4th I decided to go to a different program and was told I had to immediately vacate the premises. I was told that even though my rent... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you were in a very difficult situation. Since you paid your rent for July and were forced to leave without any formal eviction notice, you may have grounds for a legal case. In California, tenants have rights even if there is no formal lease agreement, especially when rent has been... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I offered for a couple with three children to spend a few days in my house until they found a place. Refusing to leave

They have occupied my home for a month and are damaging my home without payment.

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. No good deed goes unpunished. I'm sorry your kindness was met with this outcome. One option is to reach out to landlord-tenant attorneys in Oklahoma to discuss your options - they have insight into these types... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: On Feb 2, 2024 I had a toilet leak in my unit from the upstairs tenant. Repairs are not satisfactory, please advise. TY
James L. Arrasmith
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answered on Jul 19, 2024

Under California law, landlords are required to maintain rental units in a habitable condition. This includes ensuring that plumbing facilities are in good working order. If a leak from the upstairs tenant's unit caused damage to your apartment, it is the landlord's responsibility to... View More

2 Answers | Asked in Landlord - Tenant and Foreclosure for California on
Q: I'm being evicted, was offered cash for keys, 2 weeks later, served a pay or quit, was served a complaint. Is that legal

In 2023 March, i left my ex husband for domestic violence issues and entered a saftey shelter. Our hose we bought march the prior year was a forbearance due to a hardship. April 4th 2023 my ex husband was arrested on domestic violence. He since then spent 418 days in jail. While I and my children... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 17, 2024

Thank you for your question!

It seems that your house was out is about to be foreclosed.

You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What steps should I take if my landlord changes the locks and removes my property from a residence with no eviction
Kent Bailey
Kent Bailey
answered on Jul 13, 2024

What you are describing is a "Self Help" eviction. These are illegal in Georgia. You have a legally actionable cause of action. I would retain an attorney immediately.

2 Answers | Asked in Landlord - Tenant for California on
Q: Bridge property management inc has not fixed my Living room window in its been 5 months what do I do
Delaram Keshvarian
Delaram Keshvarian
answered on Jul 13, 2024

Thank you for your question!

If you, as the tenant, have not been at fault for the broken window, the landlord must fix it after a reasonable time from a notice requesting repair.

You can fix the window and deduct it from the rent. This may rise an eviction lawsuit against you, so...
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3 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: My husband and I along with our toddler lived with a severe roach infestation for 9 months . Is 1 million reasonable ?

We lived on a military base. I have a settlement demand meeting tomorrow and I plan to ask for 1 million for various breaches and pain and suffering. Is asking for one million for me, my husband and toddler a reasonable amount ?

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2024

A California attorney might be able to advise best, but you mention a hearing tomorrow. It's difficult for attorneys on a public forum to comment on the value of cases - they can be fact-specific in their settings, region, and the forum. There isn't much time to research the matter... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I discovered the lease the landlord is using is expired and has a lower amount of rent and a wrong address where to pay

I need to get a fair hearing I have discovered the lease on the eviction is invalid I have been wrongfully evicted and the hearing was very unfair and I can prove to the judge that I am telling the truth it's not for entertainment he dismissed my last case since it was wrong identity that he... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

The amount of rent can be increased under some restrictions after the fixed terms of tenancy ends.

If you have paid the rent to the address mentioned in the lease, and you were not given any notice about the change of address, then you can use that as a...
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2 Answers | Asked in Collections and Landlord - Tenant for California on
Q: debt collection on apartment rent. Am i responsible for my adult daughter's unpaid rent after i moved out of the apt?

i lived in an apartment for 3 years. I paid rent on time every month, until my adult daughter moved in during covid. She became mentally ill and could not hold down a job. I officially moved out and paid my last months rent. My daughter stayed and did not pay rent for almost 3 years. She is 41 now... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 9, 2024

Thank you for your question!

If your name is on the lease, you are still liable for the rent. You mentioned that rented the apartment yourself, and after you moved out, you were not released from the lease agreement by the landlord. Then, the landlord can collect money from you....
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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: can you have established residency at two homes at once?

My ex boyfriends name is the only name on the lease for the rental home i currently live in. he moved out in march, but left the majority of his belongings. he is now living in a different home that has his name on the lease as well. does he still have residency rights here? he will not return his... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 9, 2024

You indicate that the lease is between your ex and the landlord. You need to speak to the landlord about whether or not he is willing to terminate that lease and have you sign a lease. If so, your ex will not have any legal right to return to the property without an invitation. As for his... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: If my rent was cashed month of lease termination June 10 2024 and rent accepted july 1 July 25 holdover is it dismis

Rent cashed by property management July 1

Saw my case 1st day July 25

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Signed a one year lease as a start to rent2buy situation. Landlord now won't let me move on or give back my deposit

Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I do not own a vehicle yet my apartment community wants to charge me for parking spot. Do i need to pay this?

This is what my lease says about parking, "If renting a parking spot within the Apartment Community, you must complete the Parking Agreement attached hereto as Exhibit F and comply with all applicable parking rules set forth therein. All parking premiums that you agree to under Exhibit F, will... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The answer to your question depends on the content of any agreement you have signed. From the excerpt contained in your question, it appears that you are only required to complete the Parking Agreement and pay the parking fee "if" you are renting a spot within the Apartment Community.... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Can a tenant in a apartment complex place 2 Ring camera's on their front door & screen door facing the mailboxes

and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.

If...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I entitled to a refund of my entire security/pet deposit? My landlord is refusing to return it.

I informed my landlord of my forwarding address on 5/8. The disposition letter is dated 6/5, however, the letter was not postmarked until 6/12. That's 36 days. I have pointed out that state law requires tenants to be notified within 30 days and they exceeded that time frame but they still... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

The USPS postmarks mail when it is deposited in the US mail. While it is true they have no control over when it is postmarked, they do have control over when it is deposited in the US mail.

Remember that the mailbox rule has two parts: 1) the sender must deposit it in the mail on or...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: Is the motel allowed to legally kick you out if you've been there over 30 days and the same motel has done that to me ..

Also are they responsible if the bed frame sticking out from the bed and I tripped and broke two bones in my wrist

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 3, 2024

If you suffered injuries as a result of tripping over a concealed hazard and breaking two bones, then the motel could be liable for your medical bills and your pain and suffering. Retain an attorney here in Florida on contingency fee which means you pay nothing unless you win.

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