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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Rights, Landlord - Tenant and Probate for California on
Q: I called the police the first night that they came and the police told them that they had to give me a 30 day notice but

the police told them that they could stay here in the trailer with me and I don't think that that is right when they were here or they were up all night long and they're giggling and talking as loud as they could going through everything in his room they tore it up I guess they found what they... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 16, 2019

You should repost your question and explain who “they” are without naming names. As it is, it sounds like “they” are the police.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Landlord - Tenant for California on
Q: Yes I'd like to know my rights I have been living in my house for about a year-and-a-half with my cousin

He just passed away and his stepdaughter come in 2 hours after he passed away with two of her friends threatening me and telling me that I had to move out right then to get my stuff and move out I called the police the police told him that they could stay in the house with me and I had to stay in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 14, 2019

If it is your house (title is in your name) and there are no co-owners then nobody can kick you out or move in without your consent. Find a landlord-tenant eviction attorney ASAP to help you kick them out. (You should have never let them in.)

If it is not your house then repost your...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Ca tenet got dog against lease says it’s emotional support dog for adult son Rottweiler/pit bull? Can I insist dog go?

My home owner’s insurance won’t cover this animal. Worried laws with emotional support animals will force me to work with him. He has a letter from a therapist confirming the emotional support

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

To begin with, Homeowner's insurance doesn't cover landlord liabilities at all, so not covering liability arising out of a tenant's Rottweiler/pit bull is just one claim of many for which you will not be covered. You will need Landlord Insurance. Confirm with your Insurance Agent.

Your...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for California on
Q: If you maintain the claim of Ownership to a home that is NAMED by other in deed.How can you prove that you have right
Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You hire an attorney to file a quiet title action (court case) for you. This state of affairs usually is the result of having failed to hire an attorney when you acquired your interest. That would have been cheap. The quiet title action is going to be way more expensive. Preventing problems is... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: We rent in california and have been in the same apartment for 3 years the ceiling in my asthmatic childrens room has

Been leaking and mold has been an issue The owner already paid someone to fix it but the guy has yet to show up like i said its been a year of back and forth with them the owner will not pay someone else to come out and do the repairs what should i do? My kids cant even go in their own room because... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Dec 4, 2019

Waiting one year for the landlord to fix your leaky ceiling is unconscionable. you have rights under California Civil Code 1941-1942 to a habitable gouse or apartment. Your landlord has failed his duty and you have suffered damages. If you or any of the persons has gotten illed as a result of... Read more »

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Small Claims for California on
Q: what steps need to be taken in order to file a claim against my ex partner for domestic violence, and false allegations.

My girlfriend of over 2 years has continuously abused me physically emotionally and mentally and financially. These last couple off months she has got me evicted from her moms house where i was paying rent working around the house and paying all the bills where she paid nothing. Her and my landlord... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 27, 2019

more info needed.

because of your financial situation, i doubt you can find a lawyer, as they would want to handle it on an hourly...not a contingency.

However, you can go to small claims where you can sue without a lawyer and get into court in a relatively short period of time....
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1 Answer | Asked in Landlord - Tenant for California on
Q: Tenants owed rent for almost 2 months. Do I have right to enter the house show property to others after notice expires
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 23, 2019

How much rent, or for how long it is owed, is not connected to a landlord's right to enter the premises to show it. If a 3 day notice to pay rent or quit has expired, an unlawful detainer (eviction) action may be filed. A landlord may enter the property by following the procedures in California... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My rental agreement gives me "nonexclusive" rights to 2 bedrooms. These are my only rooms. What does this mean for me?

I rent 2 rooms in a house, but my rental agreement specifies I have nonexclusive use of the two rooms. Do I still have an expectation of privacy and quiet enjoyment? Can my landlord use this wording to restrict guests?

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

This sounds like a lease that an attorney did not draft. But it says what it says, so you need to deal with it. Your lease gives you a right of possession to some real property. If it is non-exclusive it means that you cannot exclude another party who may have possessory rights too (this is... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: New owner of multi-family property is seeking copies of tenants' lease/rental agreements

We purchased an occupied multi-family property, however the previous property owner did not provide us with copies of the tenants' lease/rental agreements. How can we obtain copies of these agreements? Are the tenants obligated to provide copies to us? If not, is there any other source? Do we have... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

Great question. Your first step should be asking the seller for the agreements. There is a decent chance that the purchase and sales agreement you used to buy the property requires them to provide this information. That failing, you can always ask the tenants. Just be aware that you are bound... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: We are in California. We need to move back into our rental that tenants in it. How do I get them out?

They have lived there for 4 years. the lease has expired and is now month to month.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You are going to need to give them notice, at least 30 days, possibly 60. You should consult with a local landlord-tenant lawyer who can handle this issue. The cost is modest compared to the difficulty and risk of doing it wrong. If they choose not to leave after the notice, you have to proceed... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord has asked me to move out and wants me to name a figure amount to move. Do I have to move ?

My landlord has stated that there are not problems with my tenancy...that my rent has always been on time and I've never received any complaints.

But he as asked me to move, stating : " there's money involved", and he wants ( me ) to name the figure amount to be considered.

I'm... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2019

Next time he approaches you tell him to contact your attorney. Choose a Tenant lawyer near you and that will be the end of it!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: How can I stop a eviction?

Lease expired so I asked to renew it. Was told my house is going to be sold and I have till next month to get out. I asked why I didn't get a notice and they stated"Oh, we taped one to your door in September". I never found a note taped to my door. I never got a copy in the mail, never served, no... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

He has to serve you personally. Or, give you a 60 days move out Notice. Besides, he accepted your payment for this month, so Just get a lawyer to represent you to tell the Judge you were never served personally and did not get a move out notice. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord wants to buy me out in a rent controlled bldg. in Oak, CA. Can I get evicted if I say "no" ?

I am afraid that saying "no" to a potential buy out from my rent controlled apartment could result in my landlord starting eviction procedures. As a consequence, he keeps "pressing" to reschedule one to one ( off the record) meetings with me.

Do I have to keep having these meetings... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

No you cannot be kicked out of your apartment for saying no. You may be asked to negotiate by the landlord or his attorney and depending on whether your landlord is not violating any rent control laws, you may be asked to move out for an amount mutually agreeable to both parties. However, there... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord kicked me out in retaliation for complaining and about to take legal action for uninhabitable apartment
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

Your eviction is independent of your cause of action for violation of the warranty of habitability. Hire a tenant lawyer right away to protect your rights. you must take all your correspondence with your landlord, copies of videos or pictures of what was wrong in your apartment, medical records... Read more »

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: Do I have any legal rights if the fire exits in my studio were sealed shut without my knowledge?

I live in a small studio apartment and I noticed Maintenance were outside working by my windows. Later on I tried opening the windows to get some fresh air and the window would not open. I went outside and noticed the windows were painted in and sealed. One of the windows is partially open about 1... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You do have legal rights if the unit is not up to Code or the maintenance work has created a dangerous condition. Your first step is to talk to the landlord or property manager. If that doesn't solve the problem, then you can contact a local landlord-tenant lawyer. This said, your most expedient... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: In California in order to evict someone do u have to own the house

I have lived with my friend for 2yrs an her mom passed an had no will....an know her brother came over an said i have 30days can he do that

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

To evict someone you have to have a superior right to possession of the property than the person you are trying to evict, and the proper legal grounds to do so. If your friend's uncle has some ownership interest in the property, or he is acting on behalf of someone who does, then he likely can... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord bring future tenants to view property while I still live here?

The tenant sends me a text that they are coming to view the property. However she text me 30min-5hr before. Is she allowed to bring people to view the property and if so is there a certain amount of time she needs to give us before bringing people.

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

Yes, she can show the property to prospective tenants while you still live there, but you are entitled to written notice, and 24 hours is presumed a reasonable amount of time. If you want to insist on your right to proper notice, you should carefully read Civil Code section 1954:... Read more »

1 Answer | Asked in Landlord - Tenant, Personal Injury and Sexual Harassment for California on
Q: What are my options as a tenant of a company which claims to find “suitable roommates” which are harassing me?

I rented a room w/ a company which advertises and states in their lease agreement to find “suitable roommates”. One of the roommates made advances of a romantic nature multiple times. I declined and showed disinterest each time. His behavior was unfriendly and a bit hostile, then became... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 1, 2019

send a letter memorializing the situation and then consider small claims action against both?

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: What can I do to get all my belongings stored on my friends mothers property? Since I moved they have denied me access?

The semi trailer that houses my stuff, belongs to the son, but the mother wont let me on the property to move my things. It's been a year and they have everything I own. I need to unload and move my stuff. Please help me. I've been disabled and I dont have the funds for a lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 31, 2019

you might try Small Claims Court in the jurisdiction of the home

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