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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Is HOA responsible inside wall's pipe broken, leaking water caused damage of ceiling, dry wall & wood floor? See CC&R.

According to CC&R, owner is responsible "Maintain in an open and unobstructed condition all sewer and drainage pipes and lines serving his own Unit between the points at which same enter said Unit and the points at which same join other sewer and drainage pipes and lines serving other... Read more »

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

This seems to be happening a lot. The language has nothing to do with whether a pipe is inside or outside of a wall. Under the plain language of the CCR, if a pipe supplies water to multiple units, the COA is responsible. But, once a pipe branches off to provide water to a single unit, the owner... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: What rights does a non-familia live-in caregiver (of 3 years) have to stay on the property after resignation?

The current caregiver gave notice of resignation at 7:40am on Saturday, 28 Jan, that his last day of employment would be Sunday, 29 January, but now he won't leave the premises. He says he can take as long as he needs to move out and find a place to live. Is this true? Is there a CA law or... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

You should contact a lawyer who handles real estate matters for landlords. S/he will know what the caregiver's rights are, and what your rights are. You definitely have the right to have him removed from your property as soon as he decided to resign from his job. I am not an expert in this... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: California Lease Transfer - Question Regarding Security Deposit

Lived in LA and found a listing for someone who was looking to get out of their existing lease early (not a sublease).

An addendum was signed by all parties (the former tenant, myself, and property manager), stating that my name would be added to the lease and that the former tenant's... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

It looks like the landlord is keeping the previous tenant’s security deposit as your security deposit in lieu of refunding the previous tenant’s and you depositing a new one. So you have been unjustly enriched unless you repay the previous tenant.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees.

recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees. The fees were not stated on the lease and I have been finding out about them as I go. he First asked for a utilities fee and then a renters insurance and now he wants another payment... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 21, 2023

You should review the lease agreement thoroughly. If those fees are not started in the lease then the landlord has no grounds to make you pay them. Regarding your question about backing out of the lease and getting a refund, you should consult the lease as well because you may be in beach of... Read more »

1 Answer | Asked in Criminal Law, Elder Law and Landlord - Tenant for California on
Q: I am trying to prove that my speedy trial right has been violated. I have a lawyer whom I have zero confidence in.

the DA has filed charges on me. (charges are false but the DA doesn't know that) what am I suppose to do to clear myself?

Dale S. Gribow
Dale S. Gribow
answered on Jan 20, 2023

you either request a new attorney (if appt'd)............

and/or set up an appt with your lawyer to share your concerns.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I'm a new renter and the water company will not let me open an account in my name because the previous tenants have an o

Outstanding bill. ? How can I get the water bill into my name

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

Talk to your landlord to get the prior bill paid.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for California on
Q: I was Renting a room from my friend He got mad At me locked me out kept all my stuff and sold it everything I had

This is stuff I acquired throughout a lifetime my my welder was Brad new never been used But I acquire the stuff throughout the years I don't have receipts for it anymore Also he kept my medicine even after I told him that I needed it and it was important can I still get compensated Even... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

If he locked you out, took your property and sold it all without your permission, a crime was likely committed. Talk to the police to file a report.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My daughter lives in Oakland with 3 other roommates.One if the roommates is seriously disturbed and causing problems

They bring strangers to the house and make a lot of noise.

They left a gate open which let one tenant;s service dog into their room and the dog ingested "magic" mushrooms which killed the dog.

They are saying that they are allowed 60 days before they leave. This person is... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

If the person is a danger to themselves or others, call the police and ask for a 5150 assessment. A restraining order cannot be used to evict an unrelated co-tenant. 60 days seems to refer to a notice to vacate, but currently evictions in Alameda County are only allowed in very limited... Read more »

1 Answer | Asked in Landlord - Tenant and Contracts for California on
Q: Got evicted from my apartment because of domestic violence in the home and me being the victim I think it was wrong

The suspect has a restraining order and convicted with 3 felony charges and I don’t think it was right to be evicted because of someone else careless actions and terrorize my well being .

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

That sounds like an awful situation you were in and I am glad you have made progress to get away from the "suspect." The Landlord may be able to evict you if they had no connection to the suspect and depending on the reason that they evicted you. If it already went to court and you lost,... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Does the HOA board of directors have to have a meeting and vote in order to enforce the rules of that HOA?

Each unit is assigned 1 parking spot. Renters are using their designated parking spot to park their non-operational car and have created a 2nd “parking spot” to park their operating car. That 2nd “spot” blocks the path going in & out of the back gate creating a safety hazard and just... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

The HOA referred to creating or designating a "no parking area." This might be distinct from enforcing the existing rule of "one parking spot." If there is an applicable rule in place, a meeting and a vote is not required. Ask the mgmt company what they mean and why a vote is... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for California on
Q: If I have a private conversation and the other party has another person listening without my consent? Does that apply632

I was having a heated conversation with my landlord over the phone. I was then placed on speaker phone and told it was for her safety and not to worry because there was no one else in the room.

I think the landlord place my phone call on speaker because she had her supervisor easedropping... Read more »

Doug  Van Breemen
PREMIUM
Doug Van Breemen PRO label
answered on Jan 17, 2023

Generally, unless you consent, a 3rd party cannot listen to a private phone call. Since your landlord told you the communication was private, you had a reasonable belief that nobody else could hear your conversation. So, yes, technically this would be Eavesdropping in violation of PC 632. This... Read more »

1 Answer | Asked in Employment Law and Landlord - Tenant for California on
Q: Can my landlord evict me by mouth with a weeks notice since I was in employer provided housing for a nonprofit

Worked as resident manager of a safe parking location( shelter) they provided a trailer for me to live in with my job.

Neil Pedersen
Neil Pedersen
answered on Jan 17, 2023

A residence provided as part of the employment bargain is treated very differently from separately leased premises. An employee provided with a residence as part of the employment can be evicted immediately without advanced notice.

Good luck to you.

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Business Law for California on
Q: I sold my restaurant in 2013 and got a letter to pay unpaid rent as current owner hasn’t paid rent

Hi,

I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 17, 2023

Your legal position will depend on such factors as whether you were ever released from the lease, how the extension was accomplished (option, automatic?) and other facts specific to your situation. Do not speak with the firm until after you have had a consultation and document review with counsel,... Read more »

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1 Answer | Asked in Domestic Violence, Landlord - Tenant and Criminal Law for California on
Q: Getting evicted because of being a victim of domestic violence.?
Dale S. Gribow
Dale S. Gribow
answered on Jan 12, 2023

MUCH MORE INFO IS NEEDED.

ARE YOU LOOKING FOR A CRIMINAL LAWYER FOR A DV ARREST? IF SO, THE COURT WILL APPOINT A LAWYER AT THE 1ST APPEARANCE, CALLED AN ARRAIGNMENT.

IF NOT, ARE YOU LOOKING FOR A LAWYER REGARDING THE EVICTION? (DIFFERENT TYPE OF LAWYER).

THE COURT DOES NOT...
Read more »

2 Answers | Asked in Contracts, Civil Rights, Domestic Violence and Landlord - Tenant for California on
Q: My ex is on my lease and is not paying for rent and moved out and won’t answer my calls or texts. What do I do?

I just want legal advice on how to evict him or make him pay half his share

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

There is no good/easy way to make him pay half. It is the Landlord that has a right to collet rent; you have a right to contribution, but it is not worth pursuing against someone who moved out. If you want to keep the place without your ex, you can talk to your landlord about changing the lease... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord go into your yard and Continueously throw my things away without my knowledge ?

And or send all my mail back without knowing,saying I don't live their,due to paying owed rent?

Alexander C. Safarian
Alexander C. Safarian
answered on Jan 5, 2023

In general, landlords do not have the right to enter a tenant's yard or throw away a tenant's belongings without the tenant's permission. Landlords must generally give advance notice before entering a rental property, unless there is an emergency or the tenant has given prior... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sue my landlord for forging my initials and signature on a lease contract I never signed?

My landlord never gave me my contract to sign and after a year he was trying to evict me and so we went to court and he showed a contract that I "signed electronically". I never signed this contract, what can I do?

Alexander C. Safarian
Alexander C. Safarian
answered on Jan 5, 2023

Forgery by definition, is illegal and a landlord cannot forge a tenant's signature on a lease agreement or any other document. If you believe that your landlord forged your initials or signature on a lease contract that you never signed, you may have grounds to take legal action against your... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Amendment a new lease from original lease without the original tenants agreement is binding contract?
Adam Stoddard
Adam Stoddard
answered on Jan 4, 2023

It is unclear what exactly you are asking here. Whether the lease is new or there is an amendment to an existing lease, you should have a signature from all parties for it to be "binding". So for example, if the landlord has an existing lease, then drafts up an amendment to the lease... Read more »

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for California on
Q: I had to close my SCorp at the end of October, 10 months shy of the end of the lease. Can I get sued by the landlord?

My business was destroyed by COVID. I got every grant and loan possible and spent every dime in the corporation but couldn't make it to the end of the 5 year lease. The landlord doesn't care, wants 12K for rent, taxes, etc. I'm not able to pay anything because I am unemployed (2... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 27, 2022

Yes. You can be used. Highly recommend you consult with a bankruptcy attorney that may be able to wipe out your liability.

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