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California Landlord - Tenant Questions & Answers

2 Answers | Asked in Landlord - Tenant for California on

Q: Rented house for 24 months @ $4,250/month, but landlord is increasing rent $127/month just 12 months in. Can he do that?

My lease clearly says "Tenant agrees to pay $4,250 per month for the term of the Agreement." And, "This Agreement shall terminate on May 31, 2020." Can I fight this? Is there anything I should be aware that he could do if I don't pay the increase?

Gerald Barry Dorfman answered on May 23, 2019

An attorney would have to look at the lease to form a definitive opinion, but generally a lease for a set time is a contract which can not be unilaterally changed by one of the parties. It's hard to predict what he could do, since it appears he is not being rational in regard to the rent increase.... Read more »

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1 Answer | Asked in Landlord - Tenant for California on

Q: I was living with my mom until she passed two months ago. I would like to know my rights since my sister sold the house

My sister who did not live in our moms home. But a couple weeks after our mom passed my sister told me i had to be out in 10 days. She stated the person she sold it to told her to let me know he was going to change house locks. I have never met the man who my sister sold moms house to. I never had... Read more »

Manuel Alzamora Juarez answered on May 20, 2019

You need to ask her for your mother's will or trust, If she refuses she may be violating the probate code. Hire an attorney or go to the courthouse and do a search for a will or trust document that has been filed on behalf of your mother. You may also hire an attorney to help you with this... Read more »

1 Answer | Asked in Landlord - Tenant for California on

Q: We have bees in one of the walls in our apartment. What rights do we have as to how the removal and clean up is done?

The owners plan to have the bees killed by spraying something into the wall. Then they plan to tear out the wall INSIDE our apartment to clean everything out. We would prefer that they have the bees removed alive. And we would most certainly prefer that they do the clean up from outside. They say... Read more »

Manuel Alzamora Juarez answered on May 10, 2019

Call the animal protection agency. Best of luck

1 Answer | Asked in Landlord - Tenant for California on

Q: There is a strange smell in my new apartment making me sick that my landlord refuses to address, i had to move out

Manuel Alzamora Juarez answered on May 8, 2019

It may be too late to complain now that you have moved out. It is always preferable to call the City inspectors, get the reports and pictures ready, visit your doctor and then move out. Best of luck.

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Landlord - Tenant for California on

Q: As a owner of a private business,Can the side walk venders set up on my property?

Thomas A. Grossman answered on Apr 22, 2019

It is my understanding that sidewalks in front of stores are open to the public. However, if someone is operating a business right in front of your business, and is blocking the sidewalk or simply being annoying, I think you can report it to the City or even call an officer to remove the offending... Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for California on

Q: Cancelling a lease agreement.

I am a landlord and have a vacation rental agency leasing our home. I worked with an individual at the company to sign a lease. Six months later I asked the same individual if they would be willing to allow us to buy out the lease and if so, how much. This individual said he needed to consult with... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on

Q: Case was dismiss without prejudice to PLTF. Can a 2nd demand notice Be sent out before 1st judg. Is filed?

Kenneth Sisco answered on Apr 4, 2019

If your case was dismissed without prejudice, there will be no Judgment, and you may proceed in any way you please within the law; you simply need to start over.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for California on

Q: Hello, What is the standard buyout amount to be paid to a family to leave their apartment? Thank you!

Kenneth Sisco answered on Apr 3, 2019

I have never heard of a "standard buyout," nor have I ever seen any kind of guideline. The concept is usually referred to as "cash for keys," and it is totally subjective. If you can get your tenants to move out in a relatively short time, and leave the premises "spotless," that is worth a lot of... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on

Q: I've been living in this house since 2014 is now 2019 I have tried to work with the landlord to fix certain things in hi

I have no heat water leaks from the ceiling the light fixtures you can cut the lights on when it rains cuz the water come through the lightbulb the world least outside I have mold in it in the garage on complete bathroom in the garage windows missing holes in the roof I've been living like this... Read more »

Manuel Alzamora Juarez answered on Mar 30, 2019

You need to hire an attorney ASAP. Best of luck.

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on

Q: Can I sue my landlord for breach of contract emotion distress among other things as well. My landlord will not honor

Our agreement on my having my bf sleepover on occasion.we agreed that he'd pay $20 per night it was never discussed any limit or that special rules . I even asked so we could be clear on all the rules my landlord refused to discuss it and for.now reason now banned him from.evrn coming into the... Read more »

Manuel Alzamora Juarez answered on Mar 27, 2019

Your landlord is a jerk and may be acting illegally. You have a right to have visitors in your apartment. If you rent a room in his house, that may be different. If he interferes with your BF visiting you, notify him that he is not staying overnight. See what he says about that, If he says he... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: I have a slumlord March 5th apt complex of 12 units was told by city of Sanger ca to evacuate due to electrical boxes in

The back where this took place ceiling had lifted up away from walls s owner offered no help city of Sanger posted unsafe signs on all units failed to shut off water ND power police did no investigation they all said it was due to rain section 8 for failing to notice both extinguishers were almost... Read more »

Manuel Alzamora Juarez answered on Mar 27, 2019

The building owner is definitely in violation of the warranty of habitability and the tenants are entitled to damages. The facts are somewhat unclear but the City inspectors should be called to make a written report and the landlord should be put in notice to arrange for temporary lodging for the... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on

Q: i was served an unlawful detainer,i filed an answer and i received a form stating:

please take notice that an order to show cause re: dismissal has been scheduled 04/04/2019 department N18 north justice center..does that mean the detainer was dismissed or my answer.. case number: 30-2019-01043992-cl-ud-njc

Manuel Alzamora Juarez answered on Mar 26, 2019

No. That means that your hearing will happen on 4/4/2019. be ready to argue your case on that day. Do not be late. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on

Q: Before I moved out of my previous home I asked the landlord to do a move out inspection she declined . What can I do?

I received my security deposit refund and there were deductions that could have been avoided if she would have given me a move out inspection. She also charged me for a new smoke alarm , painting of kitchen and a large cleaning fee.

Manuel Alzamora Juarez answered on Mar 25, 2019

Send her a certified letter that she needs to refund your deposit with interest in full. Tell her that what she is dingbis a violation of the law. Give her a day like 6 days from receipt of your certified letter to refund your monies owed. If she dies not comply with the law, sue her innsmall... Read more »

2 Answers | Asked in Landlord - Tenant for California on

Q: Can my landlord enter my apartment without prior notice?

The other morning my landlord used his key to unlock my front door as he opened the door I tried to stop him, telling him I was not dressed. He continued to open the door ushering a woman inside while saying “she just needs to see your toilet”. I was mortified. Was this legal?

Gerald Barry Dorfman answered on Mar 24, 2019

Assuming it was not an emergency, no, a landlord may not simply enter without notice. 24 hours is presumed reasonable notice, in the absence of evidence otherwise. Read carefully Civil Code section 1954, which deals with entry by landlords, and required notice.... Read more »

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1 Answer | Asked in Landlord - Tenant for California on

Q: My landlord took late fees and turned them into unpaid monthly rent even though I paid those months, is this legal?

My landlord served us with a 3 day eviction notice along with a court case date that was 7 days away. When we contacted our property manager he said the landlord wanted all his money or we had to get out, I asked why does it say I haven't paid my rent for 7 months when I have never missed a... Read more »

Manuel Alzamora Juarez answered on Mar 21, 2019

I am always amazed at the ingenuity of Landlord lawyers to come up with new tactics to get tenants evicted. This new scheme does not smell right to me. I will research this tactic more carefully thus afternoon, but my initial reaction is that it may not stand a court challenge. Best of luck.

2 Answers | Asked in Personal Injury and Landlord - Tenant for California on

Q: If given a UD Feb 1st, and i already responded to it. However I've called there is still no court date. Can I sue them?

Intentional Infliction of Emotional Distress: extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate... Read more »

Thomas A. Grossman answered on Mar 18, 2019

You need to find out why there has been no court date set for your unlawful detainer. perhaps the party filing the UD has postponed the hearing date. If so, you can file your own claim against the plaintiff in the same Court. IT's called "defendant's claim." Again, timing is everything. Be... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for California on

Q: If I been given a UD filed Feb 1st, 2019, but still no court as of yet. Can I still sue them in small claims court?

Breach of Contract and Covenant of Quiet Enjoyment, Owner and Manager for harassment, Intentional Infliction of Emotional Distress, outrageous conduct, extreme and outrageous conduct by the Owner and Manager with the intention of causing, or reckless disregard of the probability of causing,... Read more »

Thomas A. Grossman answered on Mar 18, 2019

I don't understand your statement of "No Court," which I assume means there has been no Court date set. You need to go on the internet and find the nearest Court in your County. Then log in to that Court Website and look for a case number. If you received papers from the Court you probably have... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Native American Law for California on

Q: disabled person who hired a paralegal who wasn't really a paralegal come to find out, she lied to me

all the paperwork she did was wrong she missed a court date for a demurrer. My friend paid her 2k cause I have 0 money and now I don't know what to do about this matter. The court granted the request of the demurrer and I have no clue what just happened. Per the ADA I can ask for a special... Read more »

Manuel Alzamora Juarez answered on Mar 15, 2019

It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.

1 Answer | Asked in Landlord - Tenant, Family Law, Child Support and Domestic Violence for California on

Q: At the end of lease can I sign without the co tenant i originally signed with?

Relationship is over. Has been abusive but no police report. Children are involved

Dale S. Gribow answered on Mar 10, 2019

More info is needed to properly evaluate your case. It is really up to the Landlord if s/he will accept you as a responsible person to make the rent timely.

However, it is always a good idea to contact a local attorney for assistance if you are denied rental.

In other words, I am...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on

Q: . I've been renting a house going on three yrs. I have a 5 yr a lease. New owners gave me 30 days to move

I'm current on my rent. Don't they have to pay me relocation expenses money. And give me longer then 30 days.

Gerald Barry Dorfman answered on Mar 8, 2019

In the usual situation, if you have two years remaining on your lease, you can stay at least two more years. When a new owner takes over, they take the place "subject to" any leases in effect at the time. If you live in an eviction control jurisdiction, you have additional protections. Be sure... Read more »

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