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California Landlord - Tenant Questions & Answers

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 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 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 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 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 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 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 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 »

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

Q: I need advice on eviction caee

I was supposed late 4 times on rent this year. In july the park manager supposedly put a 3day 60 day notice to pay or quit on my door. When i returned home no such notice was there. Supposed they sent a certified letter....i never signed for any letter. I paid the rent in july....was $5... Read more »

Pahoua C Lor answered on Aug 15, 2019

Unfortunately, if you are late on your rent, the landlord properly served you with 3-day notice to pay rent or quit and you did not pay during the specified time period on the notice, the landlord does not have to accept your rent. If the landlord does not accept your rent, your landlord can... Read more »

2 Answers | Asked in Landlord - Tenant, Probate and Estate Planning for California on

Q: Uncle is evicting me from my fathers house , I am disabled and served unlawful detainer

Ive lived in fathers house for 9 years with his assistance. He passed, but he was cohersed by my uncle into doing his trust over, since I was suppose to have passed by now. My fathers wishes were for me to take everything he has, but wanted my uncle to get 100k and handguns. Now Ive been served a... Read more »

Nina Whitehurst answered on Aug 12, 2019

You have a very difficult situation and you should not delay finding an attorney. You might need more than one.

You need a trust litigator to to review your dad's trust and to help you challenge it, if you think that the amendment was obtained under duress or undue influence.

You...
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1 Answer | Asked in Employment Law and Landlord - Tenant for California on

Q: I worked for her uncle and never got paid.

no notice just the unlawful detainer.

Neil Pedersen answered on Aug 2, 2019

If you worked and were not paid, you are entitled to at least the minimum wage for all hours that you worked. It may well be that there are other Labor Code violations that occurred as well. Your best next move is to locate and consult with an experienced employment law attorney as soon as... Read more »

1 Answer | Asked in Landlord - Tenant for California on

Q: home owner keeping water off, "gain control of the property" now we been told by code will be boarded. What do we do?

It is only a few days away...also, he comes around property breaking in, following us around town has removed our belongings from home, sends and brings other people to home. Controls water access to the point of us now being boarded up he. Literally much more. Can anyone please help?

Manuel Alzamora Juarez answered on Aug 1, 2019

Your Landlord is not letting you have your peaceful and quiet enjoyment of your property. Call a lawyer for further help. Best of luck!!!

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

Q: Failure from tenant to disclise hep b. Put my life in danger

I was given cdiffby given too many antibiotics cdiff is when your probiotics are completely wiped out my imune system can not fght this virus if i contact it it is almost most likely a death sentence this guy spitsall over out side. He pees on floor never washes handsabd yesterday he wiped I walk... Read more »

Dale S. Gribow answered on Aug 1, 2019

more info needed.

how does he get in your apt/home? i assume his entry would be illegal and you should report him to police.

you can sue in small claims for up to $10k if you can provide proof of a connection between what you are asking for and your damages.

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

Q: How can I get guests out of my home that I own that refuse to leave?

This property where I live was gifted to me by a woman with whom I lived here with for many years. The deed was put in my name by her in 2007. She passed away in 2010. A little less than two years ago her daughter and son-inlaw showed up here from out of state. They have been trying to stake a... Read more »

Gerald Barry Dorfman answered on Jul 29, 2019

Talk to a landlord tenant attorney about an eviction action.

1 Answer | Asked in Landlord - Tenant for California on

Q: Do I have to return a portion of the last month deposit if the tenant moves out mid-month?

My subtenant gave her 30 day notice on July 15, 2019 for her month to month Sublease and plans to move out by August 14, 2019. Since she paid last month deposit, am I obligated to refund her a portion of the last month deposit since she is moving out mid-month?

Gerald Barry Dorfman answered on Jul 26, 2019

Yes. Tenants can give 30 days notice at any time, assuming the lease/rental agreement does not provide otherwise.

1 Answer | Asked in Criminal Law, Civil Litigation, Landlord - Tenant and Small Claims for California on

Q: Lived on ranch, owner of ranch destroyed everything I owned on purpose....

I lived on a ranch in a trailer that i did not own in exchange for taking care of the cows and other ranch duties, and earned money as an electrician off ranch. One day after work I got home and the trailer I was living in, and everything I owned in a pile of rubble. The ranch owner decided to... Read more »

Dale S. Gribow answered on Jul 26, 2019

you should have called the police when it happened to have him arrested, prosecuted and requesting restitution be a part of the sentence.

you can still try to do so...but with the lapse of time they may give you a hard time.

contact a civil lawyer in your area.

sue in small...
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1 Answer | Asked in Landlord - Tenant for California on

Q: I am looking for a home out of state. I found one on Zillow. The realtor did not contact me but the owner did

He is now out of state as well. He is willing to work with me. I have never met him or seen the property in person. He is asking for half of the deposit to send me the keys. He says it is refundable. He says I dont have to pay the rest of the deposit unless I am going to take the place. Should I do... Read more »

Manuel Alzamora Juarez answered on Jul 22, 2019

NO.

2 Answers | Asked in Landlord - Tenant for California on

Q: Can a hotel terminate your stay by force with no just cause?

My children and I have had an extended stay at The Residence Inn by Marriott in Oxnard, California for over eight months. I have remained current with all charges and fees and have spend over $70,000 in room and amenity charges We have recieved no complaints from the hotel regarding our stay. A... Read more »

William John Light answered on Jul 19, 2019

They can rent the room to whomever they want. You have no right to force them to allow you to stay. Find another hotel. There are plenty in Oxnard that are willing to take your money.

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1 Answer | Asked in Landlord - Tenant for California on

Q: Can my landlord charge me for the removal and disposal of carpet 9-12 years old? I was there for 8 years.

She is not charging for the new carpet.

Manuel Alzamora Juarez answered on Jul 19, 2019

No. Improvements are the owner’s responsibility. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on

Q: how do i file for a stay of eviction in contra costa county? i am 5 days from lockout

Manuel Alzamora Juarez answered on Jul 17, 2019

Use the attached form. Modify to your Number, Court and fill the blanks and file with the court and serve upon sheriff's office.

Best of luck.

___________________________

___________________________

___________________________

___________________________...
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1 Answer | Asked in Landlord - Tenant for California on

Q: i noticed a leak black mold in the wall. can not use shower. work has not begun can i deduct some rent for no shower

i noticed the black mold i told the landlord in may 2019 there has been an hole in the shower area since 2 weeks or more can not use the shower or the AC. I live in woodland Hills, ca a 1 bedroom. the shower is in the same area as the toilet and i have kept the doot closed because it smells. he... Read more »

Manuel Alzamora Juarez answered on Jul 11, 2019

You are doing the right thing. Ask in writing for a rent reduction. If no answer then write another letter that you will move to a hotel during the work repairs. request a qualified firm to do the work and keep your receipt. Then request a refund for your hotel bill.

Best of luck.

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