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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Neighbor tenant made false complaint against me, landlord wants to inspect my unit of false complaint. Unit inspected 2x

Complained unreasonable slamming/banging of walls and doors since Oct 2020, landlord told me to record duration and how many times, nothing done. Called police, incident report late March. Demand letter from atty sent April 8th to neighbor, a copy to landlord. Last week, neighbor tenant made... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 10, 2021

i suspect the Landlord is looking for a legal excuse to get you out.

more info would be necessary to go into more detail.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: In California, can a tenant on a month-to-month lease request a move out date mid-month and must I prorate rent?

I gave the tenant 60 days notice to move out of my property, with a move out date of May 31. The tenant countered with a move out date of May 20 and asked to prorate rent in May. Am I legally obligated to prorate the last months rent? The property is in Torrance, Los Angeles County, California.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on May 6, 2021

If the rental agreement does not specifically address the situation, and the tenant has properly given the 30 days notice, then yes, the tenant may move on any day of the month, and only owes prorated rent for the last month.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord come on the property day or night
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 21, 2021

Do you have a written lease? If so, what, if anything, does it say about the landlord's right to come to the premises/enter a structure?

1 Answer | Asked in Landlord - Tenant for California on
Q: My apartment building got sold 4mo into my year lease, now the new company is raising my rent. Is it legal?

I live in California. I signed the year lease in August, the new company took possession January 1st 2021, they sent a notice out March 1st saying that rent would be raised effective May 1st.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Apr 6, 2021

No. A new owner buys property "subject to" any leases in effect at the time of purchase. That means they can not raise your rent for the time your current lease is in effect.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Is it ethical in an Unlawful Detainer case for the plaintiffs council to dismiss the case without the courts clerk stamp

The plaintiffs attorney dated and signed document, missing stamp.

William John Light
William John Light answered on Mar 27, 2021

That's how it works. Plaintiff's counsel dates and signed the Request for Dismissal, then it is delivered to the Clerk to be stamped. Presumably, Plaintiff's counsel has served you with the unstamped copy, and you will later be served with the stamped copy.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: In California is it legal for a landlord to ask for 1st months, last month's rent and security deposit. Rent is 2400

So up front i would be paying 7200

Nicholas E. Goldberg
Nicholas E. Goldberg answered on Mar 26, 2021

[Without further context just answering the question and please do not take as legal advice]

For residential leases in CA, Landlord's may request 2 months' of rent for deposit (or whatever they call it) in addition to the first month rent that is due. Therefore, in your example...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If my ex bought a hot tub for my birthday in 2019 and it's been on my property, can he remove it without my permission?

We do not have it in writing that it was a gift, although he did tell multiple people. He apparently did not buy it outright but has been making payments.

John T. Kontrabecki
John T. Kontrabecki answered on Mar 19, 2021

If it was a gift, the answer is no. When a gift is made it transfers the title to the recipient of the gift without consideration or payment. As a practical matter, if he wants to take it back, let him because it means your relationship is over.

1 Answer | Asked in Landlord - Tenant for California on
Q: Served a 30 day notice to vacate and can't afford the rent do to pandemic. What rights do I have during covid 19

Should I treat this as a eviction?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

This notice may be invalid because if this is a residence, the minimum notice is 60 days, not 30, except in special circumstances. If you were there at least one year, you may also be entitled to a move out allowance equal to 30 day's rent. You should consult with a local Tenant's... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord gave us a 60day notice of termination of tenancy.... we’ve lived here for 17years I just think 60days is not

Enough time....what happened if I can a place on time

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

60 days is the minimum amount of time required by law. Your LL may not have told you that you are also entitled to a move out allowance equal to 30 day's rent since you were there more than one year. If you want more time, use that to negotiate, saying you will waive it if he gives you... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I gave a 30 notice mid February making my 30th day the 17th but I moved out the 11th, do I have to pay the 17 day rent?

The 30 day notice says pay the full months rent and the rent will be refunded according to date you vacate. I vacated the 11th but management said I must pay up to the 17th because that is my 30th day. Why should I have to pay extra because of February being a shorter month? Also it says refunds... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Yes.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Im an ex tenant and received a letter called Notice of restricted access?

The letter was mailed to the wrong address and filed in a different city

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You should contact a local Tenant's rights attorney to show him this letter and discuss.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: What are my rights?

My boyfriend asked me and my child to move into the home that he owns 5 years ago. We share all of the bills costs, but everything is in his name. We haven’t been getting along very well and 3 nights ago while I was at work, he was arrested for his 3rd DUI. According to the sheriffs website, he... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Very, very complicated situation. You may have property rights and possibly even a right to support under a case called "Marvin v Marvin" from 1976. You are an unmarried, cohabiting person who has pooled her money with the home owner, you may have acquired an interest in his house.... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: if a tenant is ordered to vacate from the home by emergency order do I still have to evict them?

Tenant move in a couple. 2 days later at another location He domestically abused her. She was granted a emergency order requiring him to vacate premises. When released from jail he went to the property and again was arrested for violating the order and evading police.

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Short answer, yes. I would suppose if you used a standard Realtor form lease, having this restraining order would disqualify the restrained one from occupancy and be a violation of the lease. 3 day notice. You may not be able to evict the non-restrained person but if they cannot pay the rent you... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my warehouse landlord evict me or prevent me from accessing my inventory?

I lease a large warehouse to store my inventory. I operate a rental business. In February, my landlord told me that I have to move. I have always paid my rent on time and am a great tenant. They want to take over the warehouse for their own business. My lease expired and was not renewed. I have... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

You do not have the right to stay on someone else's property once your lease expires and they give you legal notice to move out. You need to spend your energy looking for a place to move your goods. I know it can be a pain, I had to move out of storage after 30 years, but I took it as a good... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: We are on a month-to-month, jointly and severally liable lease. The landlord says I have to fill my room before moving

Is this legal to require me to fill my own room even though it's a month to month lease and I have not broken that?

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

If you have a co-renter and you are jointly liable, you contracted yourself into a world of trouble. If you leave and he stays, you may still be liable on the rental agreement. IMO You should give the notice required under the agreement and disappear at the end of it. Don't expect too much... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Currently looking to buy a duplex in California. What are laws for evicting tenets if occupied?

We want to live on one side and turn the other side into an Airbnb, but not sure since covid if that’s possible if both sides have current tenets.

Alexander C. Safarian
Alexander C. Safarian answered on Mar 8, 2021

The laws vary by city and county. It is important to learn more about the local laws in the city in which you intend to purchase.

1 Answer | Asked in Landlord - Tenant for California on
Q: I am being wrongfully evicted. What can I do about it?
Alexander C. Safarian
Alexander C. Safarian answered on Mar 8, 2021

If you have been served paperwork for unlawful detainer or any papers from your landlord, you should contact an attorney immediately. There are many attorneys on Justia that can help you in this area. Landlord-tenant law is a very complex and technical field. You must let the attorney know what... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Ive been served an eviction and have obtained a court date for racial discrimination and unlawful detainer

Who can i talk to about my case because i dont understand the paperwork givin to me by the courts

Alexander C. Safarian
Alexander C. Safarian answered on Mar 8, 2021

If you have been served paperwork for unlawful detainer or any papers from your landlord, you should contact an attorney immediately. There are many attorneys on Justia that can help you in this area. Landlord-tenant law is a very complex and technical field. If you need further assistance, please... Read more »

2 Answers | Asked in Criminal Law, Landlord - Tenant and Small Claims for California on
Q: My roommate tried to illegally evict me and threw out my things and kept some without any warning, can I claim theft?

Ive been subletting a room in this woman apartment for a year now, im not on the lease nor signed a lease with her but we did have a verbal agreement.

I leave to house/pet sit for one of my friends that went out of town, I was only gone for 4 days and I come back for a change of clothes.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

did you pay anything? was this an old girlfriend?

you can claim anything and sue for anything.........the outcome is dependent on the facts.

set up an appointment with a local lawyer asap.

she was supposed to give you notice to leave per Unlawful Detainer procedures.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Upstair neighbors are running, stomping, jumping, monday thru sunday, landlord doesnt do anything about it.
Octavio Velarde
Octavio Velarde answered on Feb 14, 2021

Sounds like a nuisance or a breach of quiet enjoyment of the premises. I would look at the lease and talk to an attorney to figure out your best options for remedies.

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