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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Does the owner of a have the right to not extend my stay When I have done nothing wrong in California

Evolve did nothing wrong or violated any of their procedures or rules of a hotel can a owner of a hotel decide not to extend my

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

This isn't an injury question but a landlord tenant question.

A hotel owner is not required to continue a room booking. However, in today's world, with hotels becoming more residential, under California law you may have a tennancy right. I urge you to contact a legal aid office...
Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: Search and sezure

I have a 40 foot sea container on someone's property and I pay them rent each month we have a signed rental agreement the owners son lives on the property in a house the police raided the house yesterday and the proceeded to cut the lock box off of my container and searched through my stuff... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2021

more info is needed.

is this a container you live in or store things in?

a lawyer would have to look at what I assume was a search warrant, how broad it was and what is was for.

1 Answer | Asked in Landlord - Tenant for California on
Q: Commercial tenant abandonment/early lease term. Are they legally responsible for remainder owed on lease (10 mos)?

Our tenant wrote us a letter stating they can no longer operate their business on our property and mailed it to us along with their key. Their lease agreement doesn't end till July 2022. On the lease it states all parties will not seek court action and will seek mediation /arbitration to... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Sep 23, 2021

Generally, a tenant is responsible for the full lease term, BUT the landlord must reasonably attempt to "mitigate" the damages. That means the landlord should try to rent out the space once the tenant has left. IF (the language in the lease is very important) the parties have agreed to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord raise our rent 10% for an additional tenant even if one of the previous tenants moved out?

We originally had 4 adults listed on the rental agreement but one of them moved out, and we are attempting to have somebody move in to take their place; however, my landlord is insisting on a 10% increase to the rent if a new tenant moves in. Rent was already increased last month and the month... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Per Civil Code § 1947.12, NO, but there is a whole list of exemptions and exception. But this statute specifically covers your situation and the law limits rent increases to 5% every 12 months, unless EVERYONE moves out and there is a new lease. You don't say how much he increased the rent... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can my landlord charge me per night for having a guest stay in my unit for a week?

I live in California. I rented a 1br/1 ba appt and signed a lease stating that if I had unregistered guests that I would be charged $30/night (per the lease I am allowed 2 guests every month for a maximum of 2 days). Over word of mouth when I signed the lease, he told me that it was not enforced... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

If you signed a lease that says you would be charged, then you were aware of the "potential" fees. It also sounds like you breached the lease agreement by letting your friends stay more than the allotted "2 days" per month, and sounds like you further operated in bad faith by... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can my ex roommate sue me?

my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: When is it possible to get out of or dissolve a signed contract?

I only lived in an apartment for 1 day before deciding to move out. I signed the contract regarding security deposits but I think it's unfair that I don't get at least a portion of it back because I lived there for such a short amount. Additionally, the house owner breached verbal... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

If you signed the lease for the month and there was no official foul play, then you are committed to paying for the month, regardless of how long you decided to live in the apartment. The landlord has committed that month and has no duty to replace your monthly contract.

In regards to...
Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I evict someone who isn’t on my lease or doesn’t pay rent

She is blackmailing me and threatening too

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

She is your sub-tenant. Check your lease to see if you need permission for a subtenant. How to evict her? Start with a notice of termination of tenancy- 60 day notice, and serve her a 3 day notice to pay rent or quit. If she does not pay the rent, you can file a UD action against her in the local... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Gov & Administrative Law and Landlord - Tenant for California on
Q: What to do If my old landlord violates/breach of court orderd contract from his obligations to give me good reference

I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a tenant and have been without water for 8 nights. What do I do?

I am currently a tenant. My water tank pump was taken out on Thursday Sep. 9th to be fixed. I was told it would only take a few hours or a day. It has now been a full week and my landlord has no idea when it will be fixed. Landlord gave me 3 hour notice of water being turned off. Gave me two... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Your landlord is not providing you with a "habitable" premises when you are denied running water. Civil Code §§ 1941 et. seq. and this effects your obligation to pay rent. You are entitled to discounted rent. You may also be entitled under your rental agreement to the hotel, since you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: The apartment complex we just moved from has not returned our security deposit.

We have gotten the itemized list where we were told we’d be getting $1549 back. They sent the check then they voided it right before it arrived because “the wrong amount was sent”. When we got the check in the mail it was for the correct amount. We were told the new check would be delivered... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Under Civil Code §1950.5(l), you can obtain up to twice the amount of the security deposit your LL withholds from you in bad faith. File a small claims action, gather all your evidence, make copies and a summary of events/damages to prepare for trial. If you are not sure about how much to ask... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My ex-landlord won’t return my 4200$ security deposit (after 17 years tenant) He won’t respond to my texts!!

He originally began telling me his claims on the phone- I had to hang up because it was such obvious bs and a complete betrayal

He just decided that he’s got it and won’t return it

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Small claims is the place for you. The LL has to provide you with an itemized accounting of deductions against your deposit within 21 days after you vacate. If you dispute it you can file in Small Claims. If he is wrongfully withholding the deposit, you may be able to collect a penalty on the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: The owner of my house converted my garage into a studio for herself, can i with hold rent for her doing this? She also

is tapping into my electric and water. Do i have to pay her rent?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Wow, there is so much wrong with this that I have a hard time figuring where to begin. The owner cannot just take back property that is part of your rental and live in it herself. Nor can she steal your electricity and water. What is this owner thinking? Before you do anything , take lots of... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I moved out for a repair because of water/mold damage. Upon moving back do I have the right to be back to my old lease?

Hello, I’ve lived in an apartment for 18 months went on a vacation for a month, when I came back home I found out the ceiling where the AC collapsed and there was water and mold damage all around.

I told the landlord, I moved to temporary apt while they be working to fix the damage.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Your rights are stated in your lease. Most form rental agreements or leases have provisions about leaving during temporary repairs. You should ask to see the new lease to be sure that it is the same as the old lease and that you get an extension credit for the time you were out of the property due... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can someone get evicted if there is no rental agreement

My mother passed away and my brother to over the house now he wants to kick me out. But my said I was never to be kick out on the streets

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unable to determine your status if Mom passed away and you say your brother "took over" the house. Did mom leave a Will stating you were entitled to live there? If no Will, then you and your brother may be equal partners in this house. You need to speak with a local attorney that... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord offered me money to leave my apartment. What could happen if I say no and don’t take the offer?

Been living here since 2012

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

You may get a notice to vacate and then you move out on the LL schedule without any benefits or pay. If you were there more than a year, you may be entitled to a month's rent as relocation money.

1 Answer | Asked in Landlord - Tenant for California on
Q: I bought a house and let my landlord know but she has continued to Harass me and is trying to kick me outc
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Depending on how long you lived there, you have 30 or 60 days to be evicted. Suggest you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Landlord - Tenant for California on
Q: Need help in lease agreement. I am a landlord in Ca and renting my property . I need the paragraph for Early termination

Termination of Fixed Term Leases

1. If the lease is to be terminated early, 30 days’ notice must be given, and the tenant is still required to pay rent until a replacement tenant is found. Although management will make a good effort to advertise and rerent, replacement tenants must be... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

What you are asking for is to write a contract provision for you. Attorneys do not work for free. I suggest you should contact a local attorney to discuss your personal situation, and hire them to write the paragraph for you.

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