California Landlord - Tenant Questions & Answers
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
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.
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?
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... Read more »
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 »
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 »
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???????
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 »
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 »
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 »
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 »
Based on the facts that you described, you may want to file for a civil restraining order.
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 »
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 »
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 »
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 »
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 »
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... Read more »
Q: I worked for her uncle and never got paid.
no notice just the unlawful detainer.
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 »
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?
Your Landlord is not letting you have your peaceful and quiet enjoyment of your property. Call a lawyer for further help. Best of luck!!!
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 »
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.
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 »
Talk to a landlord tenant attorney about an eviction action.
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?
Yes. Tenants can give 30 days notice at any time, assuming the lease/rental agreement does not provide otherwise.
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 »
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... Read more »
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 »
NO.
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 »
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.
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.
No. Improvements are the owner’s responsibility. Best of luck.
Q: how do i file for a stay of eviction in contra costa county? i am 5 days from lockout
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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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 »
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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