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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: What is the Term for Evidence that Plaintiff knew about and or had- should have known and did not submit to The Court?
James L. Arrasmith
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answered on May 15, 2024

In California, evidence that a plaintiff knew about or should have known about and did not submit to the court is referred to as "withheld evidence" or "concealed evidence." This can have significant consequences in a legal case.

If you are a plaintiff and fail to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Does an Element of "Fraud on Court" necessarily involve The Judge and or Jury?

If "Fraud on Court " is reserved for only The most "Egregious* action(s) By one Party upon The Other-such as "Bribery of a Judge or Jury", there is one thing that is not clear to Me with"Blacks Law Dictionary's -" Definition of "Fraud upon... View More

James L. Arrasmith
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answered on May 15, 2024

In California, "fraud on the court" does not necessarily require the direct involvement of the judge or jury. Fraud on the court is a specific type of misconduct that undermines the integrity of the judicial process itself.

According to the California Supreme Court in Estate of...
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1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law and Small Claims for California on
Q: What can I do about the other party not sharing evidence ahead of the hearing (small claims appeal)?

And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?

James L. Arrasmith
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answered on May 15, 2024

In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I need to sue my landlord aka my mother she stole my inheritance locked me out of my home stole all of my possessions.
James L. Arrasmith
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answered on May 14, 2024

I'm sorry to hear about your difficult situation with your mother. Here are some steps you can take to address this issue in California:

1. Consult with a lawyer: It's best to consult with a lawyer who specializes in landlord-tenant law and estate law. They can provide you with...
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1 Answer | Asked in Landlord - Tenant for California on
Q: pro bono housing discrimnation from section 8

is there any pro bono laywer that help in that matter

James L. Arrasmith
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answered on May 14, 2024

Yes, there are several organizations and pro bono lawyers that provide legal assistance to individuals facing housing discrimination, including discrimination related to Section 8 vouchers. Here are a few options:

1. National Housing Law Project (NHLP): This organization provides legal...
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1 Answer | Asked in Business Law and Landlord - Tenant for California on
Q: Can a storage unit be raised double in price just after 2 months ? it is month to month , I had verified price with them
James L. Arrasmith
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answered on May 14, 2024

In California, the rules regarding rent increases for storage units depend on the specific terms of your rental agreement and local laws. However, in general, if you have a month-to-month agreement, the storage facility may be able to increase the rent with proper notice.

Here are a few...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My lawn guy just reached over my fence and took off my lock to access my backyard. The lock was not fully latched

I am in California and I rent the house

James L. Arrasmith
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answered on May 14, 2024

In California, your lawn guy's actions might be considered trespassing. Even though the lock was not fully latched, accessing your backyard without your permission can still be illegal. As a tenant, you have the right to control access to the property you rent, and unauthorized entry violates... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Should a landlord write a new contract if a new adult renter is to be added to the home?

If the legal tenants added an adult sub renter to the home without permission of the owner/landlord or contract and the new tenant applies to stay in the rental home should the landlord write a new contract if accepted or just add his name to the existing contract? What are the legal ramifications... View More

James L. Arrasmith
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answered on May 14, 2024

Under California law, if a new adult renter is to be added to an existing rental agreement, the landlord should create a new contract or an addendum to the existing contract. This is important for several reasons:

1. Liability: All adult occupants should be legally responsible for the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I am seeking a Writ of Mandate-Prohibition or any other appropriate relief is The proper way to request a Writ? Or

Is it permissible to TELL The 3 Judge Panel 'The Issuance of a Peremptory Writ in The first Instance is justified' for these reasons.....

Either way , It is Evident that The best response from The 3 Justice Panel is the Issuance of a Palma Notice-Or is that the best response?The 3... View More

James L. Arrasmith
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answered on May 13, 2024

To request a writ of mandate or prohibition in California, you should file a petition with the appropriate appellate court. The petition must detail the legal and factual grounds for the writ and include any supporting documents, such as exhibits and declarations. It is crucial to clearly... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for California on
Q: Who do I file my complaint with if I am suing HUD housing for illegally charging me for solar and no meter at my unit

The residents here were forced to accept this allocation of electricity when there is no benefit to the tenant . The landlord is charging the tenant more for solar than their actual electric bill

James L. Arrasmith
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answered on May 13, 2024

If you believe that your HUD housing is illegally charging for solar energy without proper metering at your unit, you can address this issue by filing a complaint with several entities. Firstly, you might consider contacting the U.S. Department of Housing and Urban Development (HUD) directly, as... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: I have been renting a room for a month and I feel like my well-being is in jeopardy can I leave without giving notice?

There is no rental agreement whatsoever. Nothing has ever been written up or anything of that nature.

James L. Arrasmith
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answered on May 12, 2024

In California, if you are renting a room without a written lease agreement, you are considered a "month-to-month" tenant. Typically, a month-to-month tenant is required to provide a 30-day written notice to the landlord before moving out.

However, if you feel that your safety or...
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1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for California on
Q: Does my spouse need to agree w/min. tenant rental $ I set if we rent room out in community property house during divorce

My husband is living in the house right now and paying the full mortgage while I am renting a 2-bedroom studio elsewhere but we are not yet divorced nor legally separated and, from my understanding, I am entitled to half the rent. I would like to ask to charge tenant at least a minimum $ amount I... View More

James L. Arrasmith
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answered on May 12, 2024

In California, if you and your spouse own a house together as community property, you both have equal rights and responsibilities regarding the property, even during the divorce process. This means that decisions about renting out a room should ideally be made jointly.

However, if you and...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If The Appeals Department of San Diego Superior Court Grants My Writ Petition does that deem My Appeal a Moot point?

Yesterday, I received a letter in The mail which informed Me that I have until May 22, 2024 To Submit My Brief for My Appeal.From a Perspective of a Percentage, I have a 90% chance of failure for My Writ Petition being Granted. However, from another Perspective-The issues that I have raised in My... View More

James L. Arrasmith
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answered on May 12, 2024

If the Appeals Department of the San Diego Superior Court grants your writ petition, it does not necessarily deem your appeal moot. The outcome depends on the specific relief granted in the writ and how it relates to the issues raised in your appeal.

A writ petition is a separate legal...
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1 Answer | Asked in Business Law and Landlord - Tenant for California on
Q: in comercial lease in holdover is landlord must send certified leter

when my lease was finished i did not know about holdover and i was paying my rent until a six months they come and said you are i holdover and not even a letter saying that is that how it works

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answered on May 12, 2024

I understand your concern about being in a holdover situation without receiving proper notice from your landlord. Here are a few key points about holdover tenancies in commercial leases under California law:

1. Holdover tenancy: When a tenant remains in possession of the property after the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How would you describe Standing in an Unlawful Detainer Lawsuit?

In a Case where there is a dispute as to Title of Ownership in an Unlawful Detainer Case- When The Landlord and Tenant are Litigating Title in an Independent Civil Action , and an Unlawful Detainer Action is Simultaneously pending between The 2 parties.Under CCP 526 an Injunction May issue.... View More

James L. Arrasmith
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answered on May 12, 2024

In California, when there is a dispute over the title of ownership in an unlawful detainer (eviction) case, and the landlord and tenant are simultaneously litigating the title issue in a separate civil action, the tenant may have a valid defense against the eviction.

Under California Code...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a rental agency force me to use a payment system where there is a service fee for rent paying; when a check is free?

I don't see why I have to be forced to pay an additional fee to a rental company to have me send MY money sent over to THEM to pay my rent obligations. When I can send them a check for free to meet my obligations. Its a forced way to give them more money over and above the rent that was agreed upon.

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answered on May 11, 2024

In California, landlords are generally allowed to choose the method of rent payment they prefer, including online payment systems that charge a service fee. However, they must provide an alternative method of payment that does not impose additional costs on the tenant.

According to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can an owner build an ADU on their property while tenants are in the original house on the property?

This will be a separate building detached from the main house with all city ordinances followed. The current tenants in the original home will still have their current driveway, house and garage access with only less than 20% of the little used yard fenced off for the new ADU. Will the tenant... View More

James L. Arrasmith
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answered on May 11, 2024

In California, under the state's Accessory Dwelling Unit (ADU) laws, property owners are generally allowed to build an ADU on their property, even if there are existing tenants in the main house. However, there are a few important considerations:

1. Landlord's rights: The landlord...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Plaintiff's Complaint Relies upon Local-State Ordinance that is erroneous and not applicable to My UD Case(cont. below)

In The Plaintiff's Complaint-The Plaintiff has Relied on Local Eviction Ordinance(#19269)- Repealed and Replaced w/The Local Ordinance-Tenant Protection Ordinance#-0-21647 and State "ACT"(AB1482) which has never applied to San Diego and never Governed Evictions in San Diego.Would... View More

James L. Arrasmith
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answered on May 10, 2024

To answer your questions:

1. The Plaintiff's reliance on an erroneous or inapplicable local ordinance could undermine the foundation of their case. If the ordinance they are basing their complaint on has been repealed or replaced, or if it does not apply to the specific circumstances...
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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

Leon Bayer
Leon Bayer
answered on May 10, 2024

Fire protection is a justifiable reason for him to enter. I'll assume he had the necessary battery and installed it during the incident.

You are being unreasonable.

I agree that it could have been handled better, but that does not mean it was handled in a way that is...
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3 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: My landlord entered my apartment without notice. He has the key. I was home and got very scared. What can I do about it?

My landlord said he rang the door bell and knocked the doors I didn’t hear at all. So he said he thought nobody was home and them entered as he has the key. I thought it insulting.

He said it was an emergency as the fire alarm battery was dead and needed replacement.

I argued that... View More

James L. Arrasmith
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answered on May 10, 2024

In California, landlords are required to provide reasonable notice before entering a tenant's unit, except in cases of emergency. The specifics of notice requirements may vary depending on the reason for entry and the terms of your lease agreement. Generally, 24 hours' notice is... View More

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