duplex built 1952, tenants lived over 2 years there, bought last month, need to vacate to move family in and complete major repairs
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023
In assessing whether your duplex in Santa Clara, California is exempt from AB 1482, several factors come into play. AB 1482, also known as the Tenant Protection Act of 2019, imposes rent control and eviction protections statewide. However, it provides exemptions for certain types of housing.... View More 
The owner has told us they are wanting to start construction on an ADU in the back yard and we don't think they have the legal right to come in and start construction without our consent since it is not an emergency nor needed repairs. We would also be losing the use of the backyard which was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023
Under California law, as a tenant, you have the right to "quiet enjoyment" of the property you rent. This means the landlord cannot interfere with your use and enjoyment of the property without just cause. The construction of an Accessory Dwelling Unit (ADU) in the backyard, while... View More
some damages I am responsible for which I will pay. But she also made false accusations stating that I'm responsible 4 certain property damages which is not true those damages were already there when I moved in (I have proof - I took pics of previous damages when I moved in & proof of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2023
Under California law, if you believe that false charges have been reported against you to a collection agency by your former apartment manager, there are several steps you can take. Firstly, gather all the evidence you have, such as photographs of the pre-existing damages and copies of emails you... View More
I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023
In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects.... View More
Under California tenant law, do we pay rent before receiving and signing a new lease? If so, do we pay the old lease amount, the amount in the renewal offer, or the much higher month-to-month rate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023
In California, when a fixed-term lease ends but you continue residing in the rental without signing a new lease, your tenancy typically converts to a month-to-month arrangement under the same terms as the original lease, unless new terms have been agreed upon. This includes paying rent at the same... View More
What is the default time that rent would need to paid by on the 1st ? I usually leave a check on the table when I get home from work in the evening and that has been how I’ve paid every time before. He has texted me several times it’s due by 2pm so he can get to the bank. Am I obligated to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023
Under California law, the due date and time for rent payment should be outlined in your lease agreement. If your lease does not specify a time by which rent must be paid, then there is no legally binding requirement to pay rent at a specific time on the due date.
In your situation, paying... View More
I served a 3-day notice to quit yesterday due to unauthorized occupants, and when I visited the basement unit again to serve the "proof of service", I found pets violating the lease's no-pet policy. Should I serve another 3-day notice to cure today? In that case, would I have two... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023
In California, when dealing with multiple lease violations, it's important to follow the legal procedures for notices and evictions carefully. Since you've already served a 3-day notice to quit for unauthorized occupants, and now discovered a new violation regarding pets, you can indeed... View More
My fiancé had previously had an eviction, 5 years ago, in Colorado. However, she now resides in California, and before getting married we are looking into resolving the eviction, as well as settling with the collection agency. What would be the appropriate next steps to clean up and resolve these... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023
To resolve an eviction that occurred in Colorado while now residing in California, the first step is to contact the collection agency holding the debt. You should request a detailed statement of what is owed. It’s important to verify the accuracy of this debt, as errors can sometimes occur in... View More
We are being asked to provide proof of income = 2.6x market rate ($4700) that is $1000 more than renewal rate. The back and forth with management, despite our compliance, has gone on for nearly a month, no new lease has been issued, and our lease ends today.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023
In California, when there's a change in occupancy, such as an adult child moving out at the end of a lease, landlords can request a recertification of income or other lease conditions. This is especially common in rent-controlled or income-restricted properties. However, the requirement for... View More
Hi, I live in San Francisco and pat rent on the 1st of the month. I pay via zelle transfer, which means the money is deducted from my account as soon as I hit send. When paying rent in October, I sent the payment late on Friday sept 29. Oct 1 was a Sunday, the money didn't clear in my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023
In San Francisco, and generally in California, the determination of whether rent is paid on time typically depends on when the payment is initiated, not when it is received or cleared in the landlord's account. Since you initiated the payment via Zelle on September 29, which is before the due... View More
Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023
Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals.... View More
Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023
Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to... View More
Upon said entry they searched and removed several items. Then showed everyone what they found, killing my good name in the process. I wasn't informed of this search. They also unplugged my security cameras from the dvr. She owns the house but she can't just walk into closed rooms that I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
In California, the legal rights in this situation depend on the nature of your occupancy and any agreements you have with the homeowner. As an occupant who has lived in the home for 12 years, you have established tenant rights, even without a formal lease agreement.
If you are considered a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
I'm sorry to hear about your situation. If your landlord physically attacked you, it's essential to take immediate steps to ensure your safety and address the issue legally:
Seek Medical Attention: If you're injured, get medical attention right away. Medical records can serve... View More
When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In California, the rules regarding rent increases for rent-stabilized apartments can be complex and vary by locality. Generally, landlords are limited in how much they can increase rent annually for these units. However, there are certain conditions under which additional increases may be... View More
I have not seen or spoke with her in a month. She has instructed the manager not to allow me access. Not the first time. Last time I unloaded a I Hual I found my property inside the vehicle. I don't want to be in trouble I would like to get my things?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In California, the legal rights to access a storage unit generally depend on whose name is on the rental agreement. If the storage unit is in your wife's name and she has instructed the manager not to allow you access, the storage facility is likely to follow those instructions.
Even... View More
Of the papers it says that they did not know of anybody paying my rent and outside body I think it's called yet they've been receiving rent from them for quite a while. I get the communication with my landlords and letting them know what's going on with them as much as I do know, but... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023
In California, as a disabled veteran receiving rent assistance through a program like Supportive Services for Veteran Families (SSVF), you do have certain protections, especially if your landlord has been receiving payments from this program on your behalf.
First, ensure that all rent... View More
the letter states due to expenses they are hiking my rent 10%. it was given to me via mail on the 7th nov. effective 12-1-23. Ive lived there 1 and half yrs. I made a police report as a tenants responsibility is
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2023
Under California law, specifically Civil Code 827, landlords must provide at least 30 days' notice for a rent increase if the increase is less than 10% of the lowest rent charged during the previous 12 months. For increases over 10%, a 60-day notice is required. Given your situation, if the... View More
My tenant has not paid rent for 3 months. Rent is $2356 and due on the 1st of each month. Total rent past due is $7068. One of the rent non-payment months is claimed by tenant as being due to COVID-19 related hardship. The property is in Los Angeles County and is subject to the Rent Stabilization... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2023
Under California law, negotiating with a tenant for voluntary termination of tenancy in exchange for rent forgiveness is typically legal, provided it's done in good faith and without coercion. Your proposal to forgive some of the back rent in exchange for the tenant vacating the property is a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
