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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law and Landlord - Tenant for California on
Q: If the police go to my former residence and ask where I moved to, does my landlord have to disclose my new address?

With or Without a warrant?

Dale S. Gribow
Dale S. Gribow answered on May 30, 2020

MORE INFO NEEDED.

PROBABLY NO BUT WHY WOULDN'T HE COOPERATE?

THE POLICE CAN USUALLY FIND A REASON/WAY TO INTIMIDATE YOUR LANDLORD.

SOONER OR LATER YOU ARE GOING TO GET CAUGHT AND IT WILL BE IN YOUR BEST INTEREST TO TURN YOURSELF IN AFTER MEETING WITH A LAWYER AND SURRENDERING THROUGH HIM.

1 Answer | Asked in Landlord - Tenant for California on
Q: My roommates & I split the security deposit $170/each. How do we split it so that each person gets their money back?

My apartment includes 5 people, including myself, and we split the $850 security deposit between us so we each paid $170. Now another person and I will be renewing the lease while the rest of them are leaving. How do we split up how we repay each other for our portion that we contributed to the... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on May 28, 2020

This is not a legal question. It is a math question. If you paid $170 as one of 5 roommates and one withdraws, the remaining four roommates must pay you ($170/4 = $42.50 each) to return your share of the security deposit. If they rent to another roommate, then the new person will pay each of... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: If my lease agreement says no pets could my landlord evict me for having a dog even if I get a letter from a doc for esa
John Francis Nicholson
John Francis Nicholson answered on May 26, 2020

A lease that prohibits pets is valid, but ESA is an exception and if certified by a licensed physician the landlord has to allow the ESA. However, you can be evicted if the ESA becomes a nuisance or otherwise disrupts other tenant's quiet enjoyment of their premises.

To avoid the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Principal tenant amended the terms of the contract after we signed it

My roommate and I are both international students who signed a rental agreement with a person who was subletting her apartment to us (California). The rental agreement was an ePDF and we electronically signed it and sent it to her in May 2019 through Whatsapp. However, she changed the late fee... Read more »

John Francis Nicholson
John Francis Nicholson answered on May 26, 2020

You have represented 2 issues; however, without knowing all of the facts this should not be considered legal advice.

(1) The landlord unilaterally changed the terms of the lease after you signed it. Of course she cannot do that and she must adhere to the original terms that she forwarded...
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1 Answer | Asked in Communications Law and Landlord - Tenant for California on
Q: Is there a time restriction for my guests ?

My property manager says it is in the lease

Gerald Barry Dorfman
Gerald Barry Dorfman answered on May 25, 2020

If you are talking about a guest staying with you, yes. A lot of leases do specify the limit to the amount of time a guest can stay. Usually it is a number of days in a given period of time, like "25 days per year" or "3 weeks every 6 months". Your first step needs to be to review your lease.

1 Answer | Asked in Landlord - Tenant for California on
Q: What can i do if my landlords are harassing me by phone email text etc. and is defaming me by telling lies about me.?

As well as the other tenants without proof and making false accusations against me what can i do to defend myself against such things? They've been trying to get me evicted but i have been staying in compliance with my lease and now they are making up lies about me and telling me that i have... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 17, 2020

By harassing you, Thr LL is engaging in unjustified normal behaviors which is known as a violation of the Covenant of peace and Quiet Enjoyment of your rental unit. Please write him a letter with all the things he is doing against you and ask him to stop immediately. If he does not, then call a... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I be placed in another home this house has mold I called property management several times but they don't come out

There's a busted pipe in the wall they started to work on it about a year ago but haven't worked on it for about 10 months now

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 16, 2020

You need to write a complaint letter to management or owner. If no answer, within a reasonable period of time, then call the city inspector. If nothing happens after this, then call a housing problem lawyer (Tenant Lawyer). You have a right to Live in a habitable House or apartment. Your... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Covid19: unable to start newly signed apt. lease. College student moved home in March and can't return for summer/fall.

A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.

Best...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can I be held responsible if I give proper notice to everyone (landlord & roommates) but roommates won't leave?

I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.

You would be well served to initiate the termination of your...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Small Claims for California on
Q: My landlord gave me a 60 day notice of termination my 60 days is up now she says she's coming with the cops to lock me

Out and tow my car can she do that without legally evicting me through the courts

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 7, 2020

No. She is bluffing. She has to go to Court to legally evict you. Best of luck.

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: I was trying to rent an apartment. Question below....

I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... Read more »

John Francis Nicholson
John Francis Nicholson answered on May 4, 2020

Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.

If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: I need help breaking my lease so that I can move. I cannot afford the rent. It is rent or food. What options do I have?

I live in San Clemente, CA.

John Francis Nicholson
John Francis Nicholson answered on May 4, 2020

You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.

However,...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: In California, do ADA regulations supersede California law regarding service animals?

ADA documentation states that landlords/staff may not require proof, nor documentation, nor ask any other question than "is this a service animal?" and "what does this animal do?". Any question beyond that is a violation passable of fines (ADA website). California law seems to... Read more »

William John Light
William John Light answered on Apr 28, 2020

California's laws allowing you to request a letter from a doctor applies mainly to emotional support animals, which are not covered by the ADA. Emotional support animals aren't trained to do anything. They just make the person feel better.

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord wouldn't fix my window and glass door for a year

landlord wouldn't fix my window and glass door for a year.significant heat lost on winter months causing higher energy bills. uninhabitable living conditions.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 28, 2020

In the future, any tenant experiencing a house or apartment problem should write to the landlord explaining the problem and asking for correction. If after a reasonable stood of time, there is no response, then the tenant should complain to the city housing inspection department. After the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord demands removal of my own window a/c or eviction. Anything I can do?

I have been using my own window installed a/c for many years.

The building is under exterior renovation and I was given an option- remove a/c or be evicted.

Even after I pleaded that I need an a/c to keep cool for medical reasons (I have MS)- the answer was the same.

I am... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 25, 2020

Ask your Lanlord if he is going to provide central A/C. Or if he is going to provide you with a hotel while he finishes his outside repairs. If the answer is no, then hire an attorney to file a warranty of habitability against your landlord. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Our son lives in San Jose. His landlord wants him to move on May 1st. Not an eviction, He hasn't found a place to move.
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 24, 2020

The LL can force your son out only by a process called unlawful detainer. The process is very fast but he has a chance to answer the complaint and with the help of an attorney he may be able to delay the process in accordance with the law. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Hi, Im in Los Angeles. When the virus hit, I lost my job and income; now Im 3 weeks behind on my rent and my landlord...

My landlord has suddenly informed me that he is going to have my car towed Friday. The car is parked properly, in the space he himself assigned me when I first signed the lease 6 months ago. His argument is that the lease states the vehicles must be operational to be parked in their space. My car... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 23, 2020

He is a creative landlord. It is not his duty to tow your car due to a DNV violation. He does not have the right to assume powers granted to the State. However, the LL is using dirty tactics to psychologically affect you and force you to move out. You should move your car out temporarily and... Read more »

1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for California on
Q: Can family homeless shelters kick families out during the Corinavirus quarantine?

My newborn, medically fragile son and I were kicked out while the entire facility was quarantined due to another family having Coronavirus symptoms.

Louis George Fazzi
Louis George Fazzi answered on Apr 18, 2020

In these most unusual of times, administrators of shelters must make terribly tragic decisions based on the conditions which exist. I'm sure you are grateful for the fact that you and your son do not presently have the coronavirus, but that can be little consolation while you are still... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I am 66 years old and have bed bugs bad. Even though the manager/owner will not spray again do I have a legal problem?

I have lived here for over 25 years I did not have bug problems until last year after the lady below me passed away and had bed bugs. They sprayed, however, the bugs just came upstairs and now I am infested. I was sprayed twice and they had to pay some people $600 to move my furniture an inch... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 17, 2020

You need to call a warranty of habitability attorney in order to get legal help with your bed bugs problem. Search for warranty of habitability or bed bugs problems attorney on Google or any other search program. This simple search will provide you the name of an attorney near you. Best of luck.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: I live in a hotel room that was converted into a studio. I pay monthly 1500. Due to corona virus i lost my job and only

Can i get evicted on the same day

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

The management needs to file a lawsuit for unlawful detainer if the room was legally converted into a studio. However, you should read your lease for the actual language. Best of luck.

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