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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Is a formal eviction necessary to be removed from a motorhome being stored on a commercial property.

Would the eviction process be used to remove tenants from unlawful residency..?

If code enforcement were involved would it be necessary for them to evict tenants..?

Alexander C. Safarian
Alexander C. Safarian answered on Jul 10, 2021

We need more facts to give you a certain answer but it is likely that you will need to file an unlawful or forcible detainer action to remove the dwelling if it is occupied as a residence.

1 Answer | Asked in Civil Rights, Domestic Violence, Environmental and Landlord - Tenant for California on
Q: Can I sue my building if my room keeps flooding since I moved in

I live in a single room occupancy its very unhealthy for me I was also going thru an domestic violence and when I asked repeatedly to move and even contacted victims of violent crime and the women's against violent acts the building management pretended to move me to another unit in the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 7, 2021

more info is needed.

clearly, this facility is not up to code.

you have an inherent promise of habitability when you move somewhere.

you can go to small claims; report to state and city etc

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can you sublease other rooms in a condo you're renting/living in and charge higher rent?

If the landlord is fine with it, could you do this to drive down your own personal rent? If you set everything up, find the other tenants/roommates and can pay on time every month, is it possible to do this on a regular lease without the others knowing how much you're paying?

Dean C Ferraro
Dean C Ferraro answered on Jun 23, 2021

First, it depends on the terms in your lease agreement. Most lease agreements provide that subleasing is not allowed unless you get the written consent of the owner/landlord. You should review your lease to see what is states about subleasing. Secondly, it also could depend on whether the HOA of... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Landlord - Tenant for California on
Q: Manager @ CA Regional RV Park covered up an employee Cov-19 OUTBREAK. Endangering 200+ residents. This can’t be legal!

Manager hosted internal company party while gov. ordinances, i.e. “no social gatherings” were in full effect. Masks not enforced. 9 employees contracted Covid-19 at this party.

Facility falsely reported only ONE Covid positive case.

Employees were laid-off for a month to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

more info needed.

you can always petition or sue for anything.......whether you can get a lawyer to take the case on a contingency AND collect anything is another story.

i would think contacting the owner of the establishment would make the most sense.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: domestic violence issues and tenant rights ? I am being kicked out for being a victim of domestic violence?

My girlfriend has been arrested for the second time for domestic violence. I want to leave, but I want to take our cat with me also. I am being forced to move out for being a victim.

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

more info needed.

a lawyer would want to review the lease and have a more complete understanding of the facts. Who has the lease?

i assume the domestic violence was in your apartment and you were the victim and the landlord is afraid of a repeat performance?

was this the...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Is this illegal?? I'm attempting to rent a condo with a "watered down house hacking" idea.

I want to house hack (buy a property, live in it, rent out the other rooms to pay expenses, cash flow, live for free, etc.) But living in soCal I can't do that yet. So, I was thinking what if I find a 3bd condo, find 2 roommates, furnish the shared spaces with my furniture, bring my Wi-fi... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jun 7, 2021

The enterprise you are suggesting is a sublease. It is done on different scales from residential real estate, to large retail establishments. I suggest you find a model residential sublease or two on the internet, and read through the legalese, while keeping in mind that every problem the sublease... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my apt manager keep the pool and playground closed,at the same time increase my rent?

The pool has been open a total of apprx. 2 1/2 mo. Since my 4 children and I moved in April 6th 2019. The pool man comes like clockwork every week to maintain the pool.The playground has been taped off since the beginning of the pandemic. There are no plans of reopening. My rent has gone up 3 xs.... Read more »

Alexander C. Safarian
Alexander C. Safarian answered on May 24, 2021

It depends on what your lease says about the amenities. Typically, amenities are not included in the lease and would have no bearing on your rent. You can ask your landlord about this and see what their position is.

1 Answer | Asked in Landlord - Tenant for California on
Q: I received a summons on Wednesday for unlawful detainer eviction what do I do now
Alexander C. Safarian
Alexander C. Safarian answered on May 24, 2021

You should consult with an attorney that specializes in landlord-tenant law immediately. Unlawful Detainers have short response times. If you were served personally with the summons, you must file a response in 5 days or you may be defaulted which means you can lose the case.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Landlord wants to sell the home Im renting. Real estate investor filed for eviction

My Landlord wants to sell the home Im renting from her. The real estate investor who is interested in buying the home first served me with a 30 day notice to "voluntarily" vacate the home. 2 months later the investor interested in buying the home filed an unlawful detainer with the court... Read more »

Jonathan Purcell
Jonathan Purcell answered on May 19, 2021

Reading through your lease may partially illuminate your options.

This posting does not create an attorney-client relationship. The information presented here is general in nature and is not intended, nor should be construed as legal advice for any particular case or client. For specific...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My Léase expired in February, I haven’t found a place to live due to Covid issues, landlord trying to bully me out.
Alexander C. Safarian
Alexander C. Safarian answered on May 11, 2021

Make sure you have notified your landlord that you are unable to due to covid reasons otherwise you may waive your right to assert any of those covid protections as a defense to an unlawful detainer action if your landlord files one against you.

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord failed to provide me with Pre move out inspection required by the State of CA. Can he deduct security deposit?

After moving out landlord informed me that I had scratched his kitchen cabinets and will be deducting $350 for resurfacing them along with $170 cleaning fee from my $2200 security deposit. Is he allowed to deduct anything from my deposit since he failed to give me the Pre Move Out inspection?

Alexander C. Safarian
Alexander C. Safarian answered on May 11, 2021

The law you are referring to is Civil Code § 1950.5(f)). The question is whether you requested a move-out inspection from your landlord.

A tenant can ask the landlord to inspect the rental unit before the tenancy ends. The inspection cannot be scheduled earlier than two weeks before the...
Read more »

2 Answers | Asked in Car Accidents and Landlord - Tenant for California on
Q: My landlord claims I left paint on his car. He just left it at shop for full paint job &texted cost. What do I do?

There is white paint on driver's door of his black car, which was backed into spot left of me. I have silver car with no damage on it. They dropped it off at paint shop today and texted me price to pay.

Alexander C. Safarian
Alexander C. Safarian answered on May 11, 2021

You should try to explain to him that you did not cause this damage to his car. It is always better to try to resolve these matters by talking to your landlord directly to find an amicable resolution. However, if he insists that you caused the damages, he will have to file a lawsuit against you to... Read more »

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2 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Neighbor tenant made false complaint against me, landlord wants to inspect my unit of false complaint. Unit inspected 2x

Complained unreasonable slamming/banging of walls and doors since Oct 2020, landlord told me to record duration and how many times, nothing done. Called police, incident report late March. Demand letter from atty sent April 8th to neighbor, a copy to landlord. Last week, neighbor tenant made... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 10, 2021

i suspect the Landlord is looking for a legal excuse to get you out.

more info would be necessary to go into more detail.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: In California, can a tenant on a month-to-month lease request a move out date mid-month and must I prorate rent?

I gave the tenant 60 days notice to move out of my property, with a move out date of May 31. The tenant countered with a move out date of May 20 and asked to prorate rent in May. Am I legally obligated to prorate the last months rent? The property is in Torrance, Los Angeles County, California.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on May 6, 2021

If the rental agreement does not specifically address the situation, and the tenant has properly given the 30 days notice, then yes, the tenant may move on any day of the month, and only owes prorated rent for the last month.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord come on the property day or night
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 21, 2021

Do you have a written lease? If so, what, if anything, does it say about the landlord's right to come to the premises/enter a structure?

1 Answer | Asked in Landlord - Tenant for California on
Q: My apartment building got sold 4mo into my year lease, now the new company is raising my rent. Is it legal?

I live in California. I signed the year lease in August, the new company took possession January 1st 2021, they sent a notice out March 1st saying that rent would be raised effective May 1st.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Apr 6, 2021

No. A new owner buys property "subject to" any leases in effect at the time of purchase. That means they can not raise your rent for the time your current lease is in effect.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: Is it ethical in an Unlawful Detainer case for the plaintiffs council to dismiss the case without the courts clerk stamp

The plaintiffs attorney dated and signed document, missing stamp.

William John Light
William John Light answered on Mar 27, 2021

That's how it works. Plaintiff's counsel dates and signed the Request for Dismissal, then it is delivered to the Clerk to be stamped. Presumably, Plaintiff's counsel has served you with the unstamped copy, and you will later be served with the stamped copy.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: In California is it legal for a landlord to ask for 1st months, last month's rent and security deposit. Rent is 2400

So up front i would be paying 7200

Nicholas E. Goldberg
Nicholas E. Goldberg answered on Mar 26, 2021

[Without further context just answering the question and please do not take as legal advice]

For residential leases in CA, Landlord's may request 2 months' of rent for deposit (or whatever they call it) in addition to the first month rent that is due. Therefore, in your example...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If my ex bought a hot tub for my birthday in 2019 and it's been on my property, can he remove it without my permission?

We do not have it in writing that it was a gift, although he did tell multiple people. He apparently did not buy it outright but has been making payments.

John T. Kontrabecki
John T. Kontrabecki answered on Mar 19, 2021

If it was a gift, the answer is no. When a gift is made it transfers the title to the recipient of the gift without consideration or payment. As a practical matter, if he wants to take it back, let him because it means your relationship is over.

1 Answer | Asked in Landlord - Tenant for California on
Q: Served a 30 day notice to vacate and can't afford the rent do to pandemic. What rights do I have during covid 19

Should I treat this as a eviction?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

This notice may be invalid because if this is a residence, the minimum notice is 60 days, not 30, except in special circumstances. If you were there at least one year, you may also be entitled to a move out allowance equal to 30 day's rent. You should consult with a local Tenant's... Read more »

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