Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
What are my rights? He did not have a will
answered on Feb 1, 2025
I am sorry for your loss.
Under California law, your brother's heir(s) have the right to start proceedings to recover the personal items. Your brothers heirs are his spouse and children (living or deceased), or if none, his living parents, or if none, his siblings.
If you are... View More 
We are using a standard California Association of Realtors residential lease. Landlord is saying these need to be operating just as they were the time of move in. These still operate, but just aren't as smooth. We did not record these as issues as we haven't used them regularly, and still... View More
answered on Jan 30, 2025
It depends on the reason they are not operating as smoothly as when you moved in. If you did something to damage them, such as jamming them into something you left on the track, that would be on you, the tenant. Similarly, if the frame is bent, it would be presumably from misuse. If the wheels have... View More
Her Part and my mom has a living trust and am her benificary. Can my aunt still evict me out of the property even thought my mother wants me to stay
answered on Jan 23, 2025
The answer to your question will depend on the language in the two trusts you mentioned. I have several points that may help.
First, people cannot control something they don't own. I cannot control who gets to use your car because I don't own it. In your situation: (1) your mother... View More
I have no buyer, I am planning on showing it after tenants move out so I can clean and repair any damages
answered on Jan 6, 2025
Depending on what City your condo is located, you may not be able to terminate the tenancy without what is referred to as "just cause." In other words, regardless of the lease expiring or not, the days in which you could simply give a 30-day notice or 60-days' notice to vacate are... View More
He gave my personal property to a third party who has blocked me.
Iam now homeless. I had to forfeit my new job and I cant continue with my education at this point. What can I do
answered on Jan 3, 2025
From what you say, as a housing voucher participant, you are entitled to due process of law before you can be evicted from real property. This means you must be given notice, in writing, an opportunity to respond, and a hearing in a court of law before a judge of the superior court in California... View More
The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".
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answered on Dec 20, 2024
A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More
I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.
The landlord filed a motion-to-vacate the Court’s ruling,... View More
answered on Dec 4, 2024
I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More
Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.
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answered on Nov 3, 2024
This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.
Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.
First, the landlord... View More
The sibling has been difficult. Has changed things, like the locks, without consent. They have thrown things away that belonged to our parent. They have someone living there without my consent. They have no claim to it. They have done very minor up keep and repairs, but, again, without consent or... View More
answered on Oct 2, 2024
If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:
Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More
We are renting out a house. We were planning on moving out soon. We made a security deposit of $3500 when we first moved in. The contract expires on the 30th of September. We asked the landlady to use our security deposit to pay rent for just a few weeks in October while the new place gets ready.... View More
answered on Sep 28, 2024
You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More
fell into a man hole type thing at my condo/apartments I live in
I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches
Im super sore and since I feel I keep seeing spots and hearing pounding.
This is something that just happened.
answered on Sep 12, 2024
You have a great case. You are entitled to money for your medicals, loss of earnings, pain and suffering etc. You need to contact anyone of us on Justia for a free consultation ASAP. It is important what doctors you see so you can prove your injuries .
fell into a man hole type thing at my condo/apartments I live in
I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches
Im super sore and since I feel I keep seeing spots and hearing pounding.
This is something that just happened.
answered on Sep 12, 2024
That sounds like a case, although property owners have a defense they like to refer to as "open and obvious", so photographs of the area where this opening was will be important to discover why it wasn't conspicuous to explain why you fell into it. Also, medical evidence of injuries... View More
One of the two defendant filed answer for the first eviction I filed. Is defendant required to file answer for amended complaint, if so, how many
days does defendant have to file answer?
Also, do I have to wait for both defendants named on the eviction to answer before requesting... View More
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answered on Jul 26, 2024
In San Bernardino County, under California law, a defendant generally has 30 days to respond to an amended complaint. This timeline is the same as for the original complaint unless the court orders otherwise.
If a defendant has already answered the initial complaint, they are required to... View More
My vehicle was towed at 1:11 PM, I arrived home from work at 12:25 PM July 3, 2024. I parked in my assigned parking. Management is aware of my vehicle's information in the rental portal which was provided the day I moved in. The tow company along with management did not call or knock on my... View More
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answered on Jul 26, 2024
Under California law, a tow company or apartment management can tow your vehicle from an assigned parking space, but specific conditions must be met. Generally, they need to provide proper notice and have a valid reason for the tow. If your vehicle information was provided and you were parked in... View More
My landlord was informed immediately of the water issue. And took over two weeks to install new water heater, after which kept saying he needed to "adjust the temperature" until mine was hot. Each "adjustment" took days. After the hot water heater was replaced, it cause my... View More
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answered on Jul 26, 2024
Under California law, if a rental unit is uninhabitable due to the landlord’s failure to provide essential services such as hot water, you may not be responsible for paying rent for the period the unit was uninhabitable. Given your situation, with no hot water for 22 days in June and ongoing... View More
A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More
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answered on Jul 26, 2024
To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More
I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More
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answered on Jul 26, 2024
Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More
Since I don't pay rent can the landlord just throw me out? What are my rights s a person providing assistance (everyday ADLs for disabled elderly woman, maintaining entire homes cleanliness, and preparing/cooking all meals etc) in exchange for no monthly rent?
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answered on Jul 25, 2024
Under California law, even if you do not pay rent, you have certain rights as a tenant due to the verbal agreement and the services you provide in exchange for housing. This arrangement can be considered a form of tenancy, which means the landlord cannot simply throw you out without following... View More
The master tenant is moving out at the end of the month. However, her mother (not on the original rental agreement) is now living in the rental, has no income, and no place to go. I am ok with her staying a couple months until she can find a living situation, but should I write up a formal... View More
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answered on Jul 25, 2024
Under California law, it is advisable to create a written agreement if you allow someone to stay in your rental property who was not on the original lease. This helps protect your interests and clearly defines the terms of the temporary arrangement. Without a written agreement, you risk potential... View More
Tenants gave his 30 days notices on June 2nd verbally, then written on the 3rd @ 10am. He waited till July 1st to move his things and left the carpet w/ mold & rust on it. Destroyed my curtain he wanted to keep in there and broke my bed he asked to use so he didn't have to get his bed from... View More
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answered on Jul 25, 2024
Under California law, a landlord has the right to retain a portion or all of a security deposit to cover the cost of damages caused by a tenant beyond normal wear and tear. If the tenant left mold, rust, a broken bed, and damaged curtains, these are considered damages that go beyond what is... View More
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