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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: What is my personal liability if my tenant leases my house to short term renters , with my approval?

Are there ways to reduce / manage my liability risks? Thank you.

Theodore Allan Greene
Theodore Allan Greene answered on Jan 16, 2022

Most landlords have a liability policy with a big umbrella. You also need to make sure your lease is well written. We cannot give you specific advice without answers to the above. You should sit down with a good lawyer and go over everything.

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: getting case dissmissed on grounds of evidence being illegal privacy invasion ?

supporting evedince is there js a surveillance video of the assault but the vi tum is nit cooprating and the video is from a hidden camera, that the victim amd assailant were unNWare of , and the person who jsed the stungun is legal resident , and the camera and assault took place inside a... Read more »

Dan Moseley
Dan Moseley answered on Jan 15, 2022

Your written statement is very unclear. Perhaps it would be easier to explain in a phone call. Many attorneys offer free initial consultations by telephone. Good luck.

2 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Criminal Law for California on
Q: Can the police open the door of a rented room within a house without a warrant?

I live in a large house that rents out 9 rooms to individual tenants. I rent one of those rooms. One of the tenants has two guests over. While the tenant is away the guests get in a fight. A physical altercation is allegedly made between the guests. The police are called and are let into the house... Read more »

Dan Moseley
Dan Moseley answered on Jan 3, 2022

No, police cannot lawfully enter a room rented by an individual not involved in the altercation without the consent of the occupant.

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2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Landlord - Tenant for California on
Q: Can I be fired if I'm arrested at work even if I'm innocent?

I was fired from job when the police came to my home to arrest me for an alleged crime. I am an apartment manager and so I will be out of a job and a place to live, and I was wondering if this is legal for my landlord to do before I'm even convicted yet?

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

Yes, it is lawful for an employer to terminate an employee who has been arrested when the arrest has not yet lead to a disposition. Whether or not you are eventually convicted or not is not material to the analysis.

Good luck to you.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Tenant filed their response to UD on 12/16. They were served w/ complaint on 12/27. Is response valid or invalid?

The tenants were served the complaint and summons on 12/27. Yet they filed their response on 12/16. Is their response valid? It seems that they are putting the cart before the horse.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Dec 29, 2021

Generally, when a case is filed a defendant can file a response without being served, if they so choose. Not clear from your post how they knew about the complaint, but the response would not be invalidated just because they were served afterwards.

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord wants to inspect the house, can we deny entry to her for fear of covid?

There's a new born baby at the house and a new mom that cant get the vaccine so we don't feel safe letting her in at this time.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Dec 18, 2021

The answer to your question is going to be governed by Civil Code section 1954, along with a careful analysis of the facts. First, read Civil Code section 1954. It discusses specifically the situations under which a landlord can enter the rental premises. If the "inspection" your... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: Can I file a Motion to Vacate Judgement after I filed a Motion to Vacate Default Judgement that was denied?

Denied because it was over 15pg limit. And the Default Judgment happened because I did not answer the complaint due to the fact I was not served documents. I found out too late when I looked up my case at the courthouse. Unlawful Detainer case.

Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

You need to hire a competent CA attorney. Otherwise you will lose possession.

1 Answer | Asked in Criminal Law and Landlord - Tenant for California on
Q: im living in a house in forclosure from the deceased owner, my significant other. His estranged wife enterd without me.

she has enterd by forcing the locks or the back door and ignored my no tresspassing sign and my direct statement to her telling her not to enter when im not home.

is this not a missemeanor? last night she remained in the house for some hours and i had to sleep elsewhere to avoid confrontation

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2021

sounds like a Trespass and i would have called the police.

however, this site is really for those doing the wrong thing, not the victims.

1 Answer | Asked in Business Formation, Business Law and Landlord - Tenant for California on
Q: If I’m renting a workspace biweekly and I sign a contract stating I have to give a 45 day notice, is that binding/legal?

Since I rent biweekly shouldn’t I only have to give a weeks notice?

Julie King
Julie King answered on Nov 17, 2021

People are allowed to enter into contracts providing any terms they want, so long as the terms are legal (i.e., if you had a contract to murder someone, the terms would not be legally enforceable in court.) Since it’s perfectly legal to include any number of days’ notice prior to termination,... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: can I counter sue my ex roommate for not following our agreement. He had two people move in and never paid rent.

So my roommate is trying to take me to small claims court, says I didn’t pay rent a couple months, but I did it was late a couple times and others I have paid in cash. (No receipts) but he also broke our agreement and let two people move in without paying any rent for a whole year. When our... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

The short answer is, yes, you can counter sue him in small claims court. Look at your Court's website for information on how to do that. The bigger question is how do you think you can prove that you made the payments, in cash with no receipt? Paying cash can be good but you always get a receipt.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my apt manager tell us not to run, use scooter etc (kids) in our apartment building because it disrupts others?

There’s a sign that says no running, no scooters, no bikes roller skates etc on the building wall. And today we got a letter posted (all apartments) saying that some of us are breaking the rules and that we signed a contract and if we keep violating the rules they’ll take further action. Now... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

Your rights and obligations are defined by the rental agreement/lease. If there is a requirement that you abide by the rules of the complex, you have to abide by the rules of the complex- unless those rules violate some other law. You may be dealing with harassment/discrimination that would... Read more »

2 Answers | Asked in Civil Rights, Landlord - Tenant and Small Claims for California on
Q: What actions do we as tenants take if landlord/management hasn’t handled rodent infestation for over a month and a half?
Louis George Fazzi
Louis George Fazzi answered on Nov 16, 2021

You can contact the Los Angeles County Health Department and report the infestation. They will most likely come out and do an investigation or evaluation and take remedial steps to stop the infestation, because it is a health issue. Then you can inform the landlord of what she should have done.... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord straight up missed the 21-day deadline in CA to return security deposit and itemized list of by a full week.

Landlord straight up missed the 21-day deadline in CA to return security deposit and itemized list of by a full week. They printed invoices with bulk items such as 22 1/2 hours for "deep cleaning" or 1200 in wall repairs without itemizing each individual thing that was repaired, exactly... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

File a Small Claims case. The judges in SC are very strict about the procedural requirements. Be aware the LL can file a counter claim for damages, not subject to the 21 day rule. Negotiate a compromise to pay the "legitimate" deductions and get a refund for the rest.

1 Answer | Asked in Landlord - Tenant for California on
Q: Why can my landlord viololate me for missing hub cap

They tried to serve me 3 day notice after i paid rent and charge me more money for something that i didnt owe im only 23 and i work hard to make ends meet i want to know my rights

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

As a Tenant, most of your rights are contained in your rental agreement or Lease. Both you and the LL have rights stated there. The LL gave you a 3 day notice to correct or quit because of a missing hub cap on your own car? I have never heard of such a notice, and cannot imagine a provision in a... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My client has a squatter who is in his home and will not leave. My client lives there also also.

The squatter does not pay for anything in the house. What can we do to get him out? My client the owner of the house who also lives there is disabled.

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

This sounds like an odd situation, with the owner living with the squatter. If he really wants the squatter out, provide him with 7 days notice to vacate the premises, and that after that he will be considered a trespasser. After 7 days, contact the local Police for assistance.

2 Answers | Asked in Criminal Law and Landlord - Tenant for California on
Q: if a safe is bolted to the floor of an apartment can the police search the safe

If I rent an apartment and and it has a safe that has been bolted to the floor it's not mine do the police have jurisdiction to search it

Dan Moseley
Dan Moseley answered on Nov 4, 2021

With a valid warrant, yes. Without a warrant but where there exists what the law calls "exigent circumstances," yes. But also in the law, everything is in the details, and so it is possible that the search may have been unlawful. So for a reliable answer to your question, the details of... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: How to move Grandpa in our rental house if we have tenants on a lease until Feb 2021???

Our Grandpa needs care, my brother and I live on the same block as the rental house we have, and we love our Grandpa! The tenants we have are there until Feb, but Grandpa needs housing by the end of November. How do we get the tenants out? They are good tenants, but Grandpa is way more important... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 1, 2021

If you have a valid lease with your tenants which runs through February, 2022, you can't force them to leave before then. A lease is a contract. Your best course may be to try to negotiate a buyout.

1 Answer | Asked in Landlord - Tenant for California on
Q: Do you need to send tenant Right to request a move out inspection walk through if you or not doing walk thru do to covid
Hasti Rahsepar
Hasti Rahsepar answered on Oct 27, 2021

Yes absolutely. It is a statutory requirement. If you offer and they decline because of COVID-19 , that’s fine, but you still have to offer a walk through at least two weeks before the vacate date.

Thank you

HDRLAWGROUP

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: Does the owner of a have the right to not extend my stay When I have done nothing wrong in California

Evolve did nothing wrong or violated any of their procedures or rules of a hotel can a owner of a hotel decide not to extend my

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

This isn't an injury question but a landlord tenant question.

A hotel owner is not required to continue a room booking. However, in today's world, with hotels becoming more residential, under California law you may have a tennancy right. I urge you to contact a legal aid office...
Read more »

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