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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I got a 60 Day Notice to Quit for reporting a fire code violation at my building. Can they do that?

There's a habitability problem at this senior's complex. When I report anything to the manager, she thinks I'm a problem. I have a letter with all of the details, and pictures, I'd like to send you, if I can have an email address.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 10, 2019

Yes, they can do that. Is it legal. I would say no. Contact the nearest lawyer to you that litigates habitability issues and get an appointment. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: What rights do I have? Can I be evicted without going through the legal process in. The courts?

I rent two rooms from a man for my family of five. We are waiting for our new place to be ready. About another week or so. I have fallen behind on my rent to him. He has served me with a three day notice to perform or quit. Can he evict me without going through the courts and the legal process?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 8, 2019

No. He cannot evict you without legal process. However, if you explain you only need a week, you may save a bad reputation in the future. Talk first and avoid a legal eviction.

1 Answer | Asked in Landlord - Tenant for California on
Q: got a 24 hr notice to check unit they check apt said it smelled and then let a terminate tenacy 60 days with no reason

and no one will get back to us

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 7, 2019

Sounds extreme. Sometimes it is an excuse to evict you and rent apartment for a higher price. Do not stop paying rent. Best of luck!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: 60 day terminate tenacy notice

we pay rent on time or early 24 hr notice to check unit came in said it smelled and left then got notice

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 7, 2019

Need more facts.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can landlord put up outdoor gates with padlocks locking tenant out of parking space and entry to their rental?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 4, 2019

Yes, they have a right to provide security for their tenants. However, they do not have a right to lock out their lawful tenants. Ask Landlord for your key or call the police. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord make changes to my new lease and not tell me about these changes until the second i am about to sign it?

For the last 13 years my lease has been the same regarding rules. I have to renew my lease again but on this lease my landlord has made changes but i was not told about these changes until the very second i was about to sign the lease renewal. Knowing about these changes could have prompted me to... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Sep 29, 2019

Yes, but your landlord's actions demonstrate either a lack of professionalism or bad faith. I suggest you tell the landlord you need time to consider the changes to the lease and hold over on your current lease. Then study the changes and see if they are fair and reasonable, given your... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for California on
Q: I need a lawyer but not sure what kind that I need! My step dad just passed away and Put me in his will

I contacted the lawyer and was told my brother is the successor of the trust and they would send my brother a copy of the trust and he hasn’t gave me a copy. He has asked me about the house and renting it out. Now he’s going to let people stay in it. I don’t want to Rent it or and let him... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 29, 2019

Look for a probate and trust administration attorney in the Monterey area, especially one with trust litigation experience. You have the right to demand and receive a copy of the trust. You have the right to require the trustee to strictly abide by the terms of the trust and to care for and... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Is it illegal for a landlord to break into my home and remove all of my personal property. Never served me eviction

I was never served any notice

By him and I lived there for two years

I had to change my locks because he repeatedly came in and forced himself on me. When I said I was in a relationship and getting married he then came to my home with out notice and tried to break into my home... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 21, 2019

Call the police and tell your story.. hire a lawyer right now. Best of luck.

3 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: my 8 year old daughter was hit by a car in our gated commuity , can there we a lawsuit on the manger of the complex

at 7:24pm my daughter was on her way home from two doors down and a car came from behind her and hit her till she fell on the floor and then ran her leg over and did not stop . The manger is not helpful and makes us sign a paper saying no one is allowed to have vistors unless the fill out a... Read more »

William John Light
William John Light answered on Sep 12, 2019

You can sue the manager of the apartment complex and the owner if it knew or had reason to know of a danger to residents from some condition on the property that made it dangerous for pedestrians. If there was a history of other pedestrians being hit by vehicles that would be useful.... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: We need a commercial Eviction attorney. We have a 3 yr lease which Lyons is trying to break. Plz let me know how to find

Our contract specifically stated we will settle through arbitration out of court. They told me through email if I don't turn in keys by yesterday, they will start proceedings today. My colleague walked into the office to pay them 2 months rent but they would not accept. We had paid whittle a month... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 10, 2019

Go to the Sacramento County Bar Association's Lawyer Referral service and request a referral to a lawyer or law firm which can fight this battle for you. It seems like the landlord is trying to breach the lease because of the increased cost of the utilities. You may have a good case and should... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I appealing an eviction when the landlord retaliated against me

Motel 6 kicked me and my family out after my kids got impetigo that the doctor said could come from the swimming pool area. the judge that we had for our initial trial was an attorney taking the place of a judge civil code 1940 2. 5 with violated also 827 section beat was violated within this... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 3, 2019

Much more info needed. This is probably more in the area of Real Estate law with Retaliatory eviction... which we don’t handle.

If a lawyer rep’d you at trial, that person would be in best position to provide advice.

2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Bad cut from cabinet nob

I have lived here 2 years went to open kitchen cabinet and nob broke and sliced my pointer finger and my thumb to led to me at er were i had to get xrays to see if bone was ok because it was filleted so bad then i ended up with 14 stitches all together with numbness now in my 2 fingers and down... Read more »

William John Light
William John Light answered on Aug 28, 2019

Your landlord can be liable if it knew or had reason to know of a dangerous condition of the property. If the knob broke without warning, your landlord isn't liable.

The manufacturer and seller of the knob can be liable, but that will probably be very difficult to determine, unless there...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for California on
Q: Okay so I have lived here for over two years now

When we first moved in the cabinet Knob Broke off and cut my boyfriend's fingers and it wasn't too bad so we never really paid too much attention to it well recently I had opened the cabinet and it has sliced my fingers two of them all the way to the Bone I have 14 stitches in my hand which is... Read more »

William John Light
William John Light answered on Aug 27, 2019

If you have been using a cabinet for two years with a broken knob that just recently caused an injury, the fault is entirely yours.

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on
Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price
Richard Samuel Price answered on Aug 22, 2019

In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.

3 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for California on
Q: Thank you for the answer to my question, but what would an intentional tort be?

If tort is a civil wrong, what is an intentional tort?

Omid Rejali
Omid Rejali answered on Aug 16, 2019

Torts are categorized by different mental states. Primarily they are either intentional, such as an assault or a battery, or they can be premised on negligence (a reasonable person standard).

An intentional tort as opposed to a tort that is based on negligence is a tort that requires a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Good evening, I was wondering if you could explain a bit about small claim court.

There's a roommate I had that refused to pay the last bill of a utility, well his portion anyway. Long story short, its not a big amount but he turned out to be really rude to alot of people so I wanted to know if i could sue him in small claim court so he doesn't get away with not paying just... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Aug 16, 2019

Yes. There is no lower limit amount you can sue for in small claims court. Before you can sue, you must make a demand for payment to the person. If you do not know how to use the court, see if your county has a free small claims adviser. You can consult with, but not be represented by, a lawyer... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: does my dad have any rights he's been living in a place over 20 years he's always replaced everything because landlord

Says if i have to replace IT I'm raising the rent...so 20+ yrs. No new carpet dads bought all the major appliances several times first major prob leak pipe 'll fixes n then evic notice taped to door 60 days get out dads handicapped and has 20 yrs of stuf to pack n move where???????

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

If a tenant has lived at a place for more than a year, the landlord must provide them with a 60 day notice. The landlord, owner, is able to recover possession for his property so long as the landlord does not violate laws. The basic idea is that a person can get back what rightfully belongs to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: we have been without a/c and stove since June. prop mngmt notified, still an issue. do i have a case?

Moved in with a 1 year lease agreement. #1 A/C tech's have been out 6 times, with issues of wasps, and other issues beyond my control, still not fixed. supposed to be here again tomorrow., this issue has been ongoing for 9 weeks. #2 stove was removed on june 14th, had no cooking source for 5... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

Make sure that your requests for repairs is in writing. You may also consider filing a complaint with the City Code Enforcement Unit. Once a complaint has been filed with Code Enforcement, a code enforcement officer should be in touch with you to take your complaint. From that point and... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Im having a landlord and tenant issue ongoing for 8+ years. They attack my family and I for simply following the rules.

There has been constant owner change but this current one I call him corrupt, the reason is because my family and I follow the rules on paper he has sent us but when other tenants disobey them and end up hurting us like littering, peeing, pooping, threaten us, discriminate us, vandalize, park in... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

Based on the facts that you described, you may want to file for a civil restraining order.

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a California tenant and my question is how a landlord can take you to court and win when you were never notified.

I moved out 15 days prior to the ending of the 1 year contract which they said they would except if I gave ample notice, which I did, and they had a forwarding address and my current employer. I was never notified until their lawyer filed to garnish my wages from my employer 2 years after I moved... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

It sounds like the landlord was able to get a judgment against you and that is why your landlord is garnishing your wages. If you have no idea what type of lawsuit your landlord filed or what the issue is because you were never served the documents, you may file paperwork to set aside the... Read more »

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