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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Business Formation, Land Use & Zoning and Landlord - Tenant for California on
Q: I am looking to purchase a small business auto repair shop, primarily to get the lease for the location. Is it possible

Ideally I do not want to purchase the business name etc I will change it to a smog check station. Also if you can go over the lease it would be great.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 25, 2020

Yes, what you are requesting is possible ... and, as you might imagine, there are a number of other issues to consider. I would recommend that you schedule a few initial free consultations, by video call or telephone call, with two or three different attorneys ... Shawn Jackson - Business... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a time limit on when you can remove a state case to federal couty

I want to move a state case to federal court. is there a time limit on when i can do this

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

I believe the Federal Rules of Civil Procedure state 30 days from the date you become aware of the lawsuit. Note: "become aware" not date of service. Federal rules are very strict and very burdensome. Are you sure you want to leap from the frying pan to the fire?

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1 Answer | Asked in Landlord - Tenant for California on
Q: can you have a ring doorbell outside your door apartment complex

Have a neighbor who's been living here for a couple months now and accused us of stealing mail,packages. Use to say he has video recorders and one day he threaten my mother and i saying " we dont know who he knows" i told him " i dont care if you know gangsters and other illegal... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 22, 2020

You are in a tough position. It is the LL property and he can determine what can be placed on it. He apparently is not sympathetic to either the false accusations against you or the fact that the boxes are being stolen from the neighbor. You could request that he put in a security camera for the... Read more »

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: Is the Restrained person in a DV - TRO in Contempt if they serve a Notice to Quit & move out to a Protected person?

Oct 15, 2020, a Restrained person in a DV - TRO (Domestic Violence Temporary Restraining Order) has served (via separate Lawyer from DV-TRO ) a written 30 day "Notice to Quit & move out (deliver up the possession) to a Protected person via the DV - TRO.

DV - TRO states that the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 21, 2020

Hmmm, you need to discuss this with your DV attorney or get one if you don't have one. You are telling two tales here. First you say the Restrained Person (RP) served you with a "Notice to Quit" and then you say that they did it through a different attorney. Well, either they did... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I am paid up for the rest of the month. My landlords wife assulted my property, and evicted me, can i sue for refund.
Maurice Mandel II
Maurice Mandel II answered on Oct 20, 2020

Yes, and if you had a security deposit that was not properly refunded, you can sue for that as well. The term "assault" usually means a physical attack on a person, not property. Property is "damaged" not assaulted. If the LL deliberately damaged your property without right... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Is this legal?

We are closed off to our only bathroom. There are two adults and a 10 year old child. They are fixing a mold and poop problem. Due to the shower and toilet. They have a porta potty out side and no shower available except us going to the lake near us for showers. They had us in a motel room and we... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

It sounds as though you have serious habitability issues. Your LL should be providing you with a proper alternative when they remove the bathroom access. You should contact a local Tenant's rights attorney in your area.

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1 Answer | Asked in Landlord - Tenant for California on
Q: I have been served unlawful detauner. On Oct 6 crashed my car Oct 5 I need help

What do I do no car and afraid to leave my dog

Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

Perhaps you need to discuss this with your LL. Crashing your car and fear of leaving your dog are not defenses to an unlawful detainer. You need to discuss this situation with a local Tenant's rights attorney to see what can be done for you if anything.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Paying rent of my Apartement

Can you provide me a sample of providing declaration under penalty of perjury?

Maurice Mandel II
Maurice Mandel II answered on Oct 18, 2020

Since you cannot understand the answer that you were sent the last time you asked this question, perhaps you need to retain a local attorney in San Diego to do this for you.

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2 Answers | Asked in Landlord - Tenant for California on
Q: How Can I provide to a landlord a declaration under penalty of prejury due to of COVID-19?

The law in California offer us to pay 25% of our rent. Due to COVID-19, many people lost their jobs of or have increased their expenses. The leasing office required us to provide statement or declaration under penalty? How I would do that?

Maurice Mandel II
Maurice Mandel II answered on Oct 18, 2020

In order to provide a declaration, which is under penalty of perjury, the last paragraph above your signature line must read:"I declare the foregoing to be true and correct of my personal knowledge, under the penalty of perjury, under the laws of the State of California, and that this... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: I would like to ask you about renting a new apartment in the future without even effecting my histrotor

I would like to rent a new apartment with paying 25% of my rent without concern about getting evicted for my new apartement

Maurice Mandel II
Maurice Mandel II answered on Oct 18, 2020

Is there a legal question in this? Your "histrotor"?

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1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Landlord - Tenant for California on
Q: Does occupying a mobilehome in a park for a substantial amount of time with no objection from management create tenancy?

I began to occupy a mobilehome, that I later purchased, for approximately 5 months prior to denial of my application to rent the space. I notified management of my occupancy, in person, in February and received no objection until August, 2 months AFTER denial of my application in June, and in... Read more »

Kenneth Sisco
Kenneth Sisco answered on Oct 17, 2020

There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.

1 Answer | Asked in Landlord - Tenant for California on
Q: I was evicted so my landlady could rent the house for more money during an eviction freeze

I was evicted so my landlady could rent the house for more money during an eviction freeze

We were given until the 15th to leave. She has bullied and harassed me and another tenant to hurry so she can paint the rooms. I have most of my belongings out but she has entered my room and started... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

The landlady cannot practice self-help evictions. You have to be served with legal papers issued by the court. It is called unlawful detainer. If she just bullied y0ou to get out without ciourt action, then she has acted illegally and you do not habve to move. Call the police if she keeps... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: What are our renter/tenant rights in Los Angeles regarding livable conditions in extreme heat? I.e. Windows, AC,?

Are there building requirements to ensure a livable apartment during extreme and dangerous heat (weather)?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

Yes there are. Visit CA Civ. Code Section 1941.1 and 1941.2 and health and safety Code sections17920.3 et seq.

These codes address the warrabnty of Habitability and health and safety issues. Best of luck.

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1 Answer | Asked in Landlord - Tenant for California on
Q: In California can a landlord charge more than they monthly rent upon move in? In addition to a security deposit?

Our landlord charged us $2100 for first month rent and $1850 for deposit. Our contracted rent was $1850 and I am just coming to realize they did this because they have given us a 90 day notice to move since they say they are selling the house. Is it legal for them to charge that extra 250 since... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

The LL is either very tricky or made an error and put the $2100 as rent when it should have been deposit. On move out you should ask for the difference since you overpaid rent, or since you are on a 90 day notice, maybe you should start hashing it out now in case there is pushback. Take photos of... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: How to best reply to a landlord's action request letter about a complaint from a neighbor that isn't our fault?

We received a letter from our landlord telling us that "neighbors" are complaining about an extraordinarily strong chemical smell that comes from our apartment and is "so strong that it seems to come through the cracks in the walls or vents." The landlord wants us to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 13, 2020

You could invite the LL to your apartment to determine if there are any smells, ask him for tea. You could tell the LL that you believe the vent for the range is blocked (bird's nests can do this) and request an HVAC or plumbing inspection to check the vent. If your range hood has a filter,... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Do you have to let landlord know you terminated your So Cal Edison account when your lease ends?

Our lease ended 9/30. We had the electric company close our acct at end of day. We were to have a walk through that evening; the landlord canceled it.

He notified us 10/7* of water damage to the floor (ice in ice maker melted because the power was not in anyone's name as of 10/1 - he... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 13, 2020

Funny, the exact same thing happened to some people in LA. Your lease controls your rights and obligations. Normally both of these end when the lease ends, except for the right to a return of your security deposit unused, or an accounting. Tell the LL, no. You want a proper accounting. Prepare... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Attempted mediation. Got an pay or quit notice

This is this latest saga of the abuse from dysfunctional property management (who by the way still have yet to provide me my proof of rent payment). This dysfunction has been on going. I have been patient, compliant and followed everything need to be done on my end to be legally protected in... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 10, 2020

So sorry you are experiencing this. It sounds like it may be time to lawyer up, look for a Tenant's rights attorney. You can assist by researching all local ordinances (city, county and state) that apply to your situation and provide you protection from this eviction. Get copies of them for... Read more »

1 Answer | Asked in Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Bait and switch for a apartment I was going to move in to. I already signed the lease and gave 30 day notice.

I'm disabled and on section 8. I found a apartment in Sep I was interested in. I found the listing on SMChousingsearch.org. It's a listing site for those on section 8, It's provided San Mateo county housing authority. I gave my 30 day notice to housing authority and my current... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

You have been subjected to a Civil Fraud. You have preserved your evidence, now you need to decide what to do about it. The immediate problem is where you are going to move to, you have to live somewhere, you might want to move into the apartment where you can keep a closer eye on them and... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I reside in an apt that and the rent but not on lease. Am I the legal tenant ?

The property has been accepting the payments from me although the company I used to work for signed the lease for me.

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

The "coany"? It would be helpful if you proofread your posts, details are very important if you want correct responses. We all make mistakes. How do you pay? By your personal check? I would think that you are the tenant, otherwise who, a corporation cannot live in an apartment. Are... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can I terminate the lease of a tenant in a rent control area who has occupied the rental for less than 12 months?

We are in the process of completing the purchase for a duplex in Los Angeles (area code 90038).

The duplex is in a rent control area and the one side of the duplex is occupied by a tenant that signed to lease the property until 2021 for $800 below market value.

We were intending for... Read more »

John Francis Nicholson
John Francis Nicholson answered on Oct 9, 2020

Here is the updated version. While the current moratorium rules are in place you cannot evict a tenant based upon the information that you have given. The rules change fairly often but they have been giving tenants more rights - not less.

Encourage them to pay rent in the meantime;...
Read more »

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