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Landlord - Tenant Questions & Answers
1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: HOA practicing selective enforcement and discrimination because of service dog

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
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answered on Nov 29, 2023

Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals.... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: What paperwork is need to stop a landlord from removing or selling property of a restrained person prior to court date

Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date

James L. Arrasmith
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answered on Nov 29, 2023

Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to... View More

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Oklahoma on
Q: My “roommate” brought in a cat without permission and it messed my furniture up and she never gave me a deposit

She is refusing to do so which is $300. Can I sue and if so how much would it cost me in the state of Oklahoma. My landlord said the money is in between me and her because everything is in my name.

T. Augustus Claus
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answered on Nov 29, 2023

Yes, you may be able to sue your roommate for the damage to your furniture and for the pet deposit that she never paid. In the state of Oklahoma, you have the right to sue someone for damages that they caused to your property, even if that person is your roommate.

Here are the steps you can...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is it legal for a homeowner who doesn't live at house or pay bills to house, to enter occupied (but not home) bedroom?

Upon said entry they searched and removed several items. Then showed everyone what they found, killing my good name in the process. I wasn't informed of this search. They also unplugged my security cameras from the dvr. She owns the house but she can't just walk into closed rooms that I... View More

James L. Arrasmith
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answered on Nov 28, 2023

In California, the legal rights in this situation depend on the nature of your occupancy and any agreements you have with the homeowner. As an occupant who has lived in the home for 12 years, you have established tenant rights, even without a formal lease agreement.

If you are considered a...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord not allow a second esa, when I have an actual prescribing doctor for both the first and second?

I have had PTSD, depression, and anxiety since 13 I am now 20. I was given an ESA by my therapist two years ago now in January. I have brought her back and forth between my moms house and college for the last two years, but she had started getting only cat syndrome and not being emotionally... View More

James L. Arrasmith
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answered on Nov 28, 2023

It's important to understand the legal framework surrounding Emotional Support Animals (ESAs) in rental housing, especially as it pertains to your situation in New York. Here are some key points to consider:

Fair Housing Act (FHA): Under the FHA, landlords are required to make...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord physically attacked me twice in one day over a dispute. What can I do?
James L. Arrasmith
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answered on Nov 28, 2023

I'm sorry to hear about your situation. If your landlord physically attacked you, it's essential to take immediate steps to ensure your safety and address the issue legally:

Seek Medical Attention: If you're injured, get medical attention right away. Medical records can serve...
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Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.

When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My rent stabilized apartment is increasing the rent through a 2023-24 BOND MEASURE PASSTHROUGH WORKSHEET- is this allowe
James L. Arrasmith
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answered on Nov 27, 2023

In California, the rules regarding rent increases for rent-stabilized apartments can be complex and vary by locality. Generally, landlords are limited in how much they can increase rent annually for these units. However, there are certain conditions under which additional increases may be... View More

1 Answer | Asked in Family Law, Landlord - Tenant and Contracts for California on
Q: Hello, my wife will not give me a key to our storage unit. The unit is in her name, I pay and always have paid this bill

I have not seen or spoke with her in a month. She has instructed the manager not to allow me access. Not the first time. Last time I unloaded a I Hual I found my property inside the vehicle. I don't want to be in trouble I would like to get my things?

James L. Arrasmith
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answered on Nov 27, 2023

In California, the legal rights to access a storage unit generally depend on whose name is on the rental agreement. If the storage unit is in your wife's name and she has instructed the manager not to allow you access, the storage facility is likely to follow those instructions.

Even...
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1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: In Puerto Rico can my social security check can be garnished to pay a month of rent if that’s my only income?
T. Augustus Claus
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answered on Nov 27, 2023

In order to garnish your Social Security benefits, your landlord must first obtain a judgment against you in court. Once the landlord has a judgment, they can then file a garnishment order with the Social Security Administration. The Social Security Administration will then withhold a portion of... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Alabama on
Q: My problem is very complex, but I will keep it as short as possible.- started with my parents moving in 2012.

My trailer which my parents lived with my children at the time. I was clueless and had no recollection of the transaction due to being 3 weeks post op of 1 of 9 spinal surgeries and was not of sound mind, and in severe pain leaving me unable to perform self care. I had my big screen TV picked up... View More

James L. Arrasmith
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answered on Nov 26, 2023

I'm sorry to hear about the challenges you've faced. It sounds like you've been through a lot, and it's understandable that you're seeking clarity on your legal options. Regarding your belongings and the issues with your brother, the courts might indeed be able to help.... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have the right to evict my tenant if the one is stealing mail
James L. Arrasmith
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answered on Nov 26, 2023

In New York State, if you suspect your tenant of stealing mail, it's important to handle the situation with legal prudence. Mail theft is a federal crime, and any suspicions should be reported to the United States Postal Inspection Service and local law enforcement. They have the appropriate... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Do I have any protection as a disabled veteran since having another entity pay my rent

Of the papers it says that they did not know of anybody paying my rent and outside body I think it's called yet they've been receiving rent from them for quite a while. I get the communication with my landlords and letting them know what's going on with them as much as I do know, but... View More

James L. Arrasmith
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answered on Nov 26, 2023

In California, as a disabled veteran receiving rent assistance through a program like Supportive Services for Veteran Families (SSVF), you do have certain protections, especially if your landlord has been receiving payments from this program on your behalf.

First, ensure that all rent...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My rental management is increasing my rent violating code 827 30 day timeframe and reason is due to expenses of a vandal

the letter states due to expenses they are hiking my rent 10%. it was given to me via mail on the 7th nov. effective 12-1-23. Ive lived there 1 and half yrs. I made a police report as a tenants responsibility is

James L. Arrasmith
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answered on Nov 25, 2023

Under California law, specifically Civil Code 827, landlords must provide at least 30 days' notice for a rent increase if the increase is less than 10% of the lowest rent charged during the previous 12 months. For increases over 10%, a 60-day notice is required. Given your situation, if the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Past Due Rent Forgiveness In Return for Voluntary Termination of Tenancy

My tenant has not paid rent for 3 months. Rent is $2356 and due on the 1st of each month. Total rent past due is $7068. One of the rent non-payment months is claimed by tenant as being due to COVID-19 related hardship. The property is in Los Angeles County and is subject to the Rent Stabilization... View More

James L. Arrasmith
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answered on Nov 25, 2023

Under California law, negotiating with a tenant for voluntary termination of tenancy in exchange for rent forgiveness is typically legal, provided it's done in good faith and without coercion. Your proposal to forgive some of the back rent in exchange for the tenant vacating the property is a... View More

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are a few key legal issues to consider. Firstly, regarding your employment and unpaid overtime, you have rights under labor laws. Since you mention being on call and not being paid appropriately, you might have a claim for unpaid wages. It's important to document all... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arizona on
Q: My landlord will not respond, follow up or create any dialog regarding my ADA request, can I break lease without penalty

I have a Case opened with HUD and the Attorney General, but they take time to review and investigate. I want to break my lease ASAP as since I moved in 7 months ago the office staff and management refuse to respond or acknowledge my ADA accommodation request. It is affecting my mental health and... View More

James L. Arrasmith
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answered on Nov 24, 2023

Under the Americans with Disabilities Act (ADA), landlords are required to make reasonable accommodations for tenants with disabilities. If your landlord is not responding to your requests for ADA accommodations, this could be considered a violation of your rights under the ADA.

Given that...
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1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?

James L. Arrasmith
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answered on Nov 24, 2023

Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.

Firstly, familiarize...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I have a storage in colorado. The owner hired other tenants to move and clean it out after I was 1 day over my move out

He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.

James L. Arrasmith
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answered on Nov 24, 2023

It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.

If the owner...
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