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California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: If a tenant at will leaves for many days with no notice...

So I have a tenant at will.. lives in for free.. and it's not on the lease.. ( I live in California).. she said she would be back the next day.. she left her belongings and her dog... I have tried to reach her out but no response.. it's been over a week.. is there a rule or law that... View More

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answered on Mar 20, 2024

In California, tenants at will, even those living rent-free and not on a lease, have certain rights that must be respected. When a tenant at will disappears for days without notice, it complicates matters, especially when they leave behind belongings and pets. However, their absence doesn't... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: We are tenants that are displaced due to mold issues. All our belongings are still inside the home. What are our rights?

Landlord will not tell us if they have insurance to cover displacement costs, and we have been paying out of pocket for hotels for three weeks. They told us to submit receipts and they will determine what portion of our receipts they will reimburse.

We also had to pay for our own mold and... View More

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answered on Mar 20, 2024

Under California law, tenants have the right to a habitable living environment, which includes being free from hazardous conditions like toxic mold. If your landlord has failed to address these hazardous conditions adequately, you may have grounds to seek damages for your displacement, medical... View More

1 Answer | Asked in Landlord - Tenant and Public Benefits for California on
Q: If my father is currently living in a veterans housing unit (VTC) can’t find elsewhere to live can they still evict him?

He has been living there for just under a year. This first six months was given to him. They did extend his stay for 6 more months, then another month. They’ve only helped him apply to one apartment which he didn’t qualify for. During this time he’s had many medical issues including heart... View More

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answered on Mar 20, 2024

In California, residents in veterans housing units, such as Veterans Transition Centers (VTC), can face eviction under certain circumstances, including the expiration of their stay period or non-compliance with the program's rules. However, given your father's situation, there are... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Elder Law for California on
Q: Section 8 housing Choice voucher is denying port-in CT,. from CA. With medical need, need to see drs, and return home

while "port-in" is allowed, and voucher can be used "anywhere" how can I get around denial of "port-in" I am senior, and homeless, disabled, injured. I have right to return to town where I am from, and need drs there.

How to have housing in place upon moving... View More

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answered on Mar 19, 2024

In situations like yours, seeking legal assistance is crucial, particularly from an attorney experienced in housing law, specifically those dealing with Section 8 or housing vouchers. In California, you might want to reach out to organizations like the California Rural Legal Assistance or the... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: In Form UD-100-Complaint part of the Summons and Complaint-Where in the Complaint does the Cause of Action get listed?

I read the Complaint and I did not see the part of the Complaint where the Cause of Action is suppose to be listed.If the 60 Day Notice states a Cause of Action(MishMash though it is, and Haphazard as can be seen-does a Cause of Action also have to be Clearly stated in the Complaint?Thank You

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answered on Mar 19, 2024

In the Form UD-100, which is used for filing a complaint in an unlawful detainer (eviction) case in California, the causes of action are usually not explicitly labeled in a separate section as you might find in other types of legal complaints. However, the reasons for the eviction — which... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Plaintiff's Complaint is Outdated-The Tenant Protection Act-2019 (AB1482)-has NEVER applied to San Diego?

In The Plaintiff's Complaint-Question #7 asks:"The Tenancy described in 6(above) IS or IS NOT subject to The Tenant Protection Act of 2019".The Plaintiff checked the box that said I am Subject to the Tenant Protection Act-2019.The Cornerstone of the Plaintiffs Case is based on a Law... View More

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answered on Mar 18, 2024

Under California law, if a plaintiff's complaint is based on a misunderstanding or misapplication of the law, such as claiming that the Tenant Protection Act of 2019 applies when it does not, the term you might consider using in your writ of mandate is "misapplied" or "legally... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a CCP or statute or Rule of Court that states A Cause of Action in a Complaint must be clearly stated?

In the Plaintiffs Complaint(60 Day Notice as well), he has used a mishmash of words that have been put together Haphazardly. When the words are broken down there is not anything of Substance that remains to equal a Cause of Action.Is there a specific CCP or Statute and or Rule of Court that... View More

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answered on Mar 18, 2024

Under California law, the requirement that a complaint must clearly state a cause of action is outlined in the California Code of Civil Procedure (CCP). Specifically, CCP Section 425.10(a) mandates that a complaint must contain "a statement of the facts constituting the cause of action, in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What is our next move here? There are two separate tenants on a property just sold at auction to a really shady reo

So we have been residing on this property in our respective units for 5 years and 2 years respectively, and both have current leases, valid signed by the foreclosed upon owner. In attempts to self-help evict, the previous owner had the utilities included in our lease agreements, which were shut off... View More

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answered on Mar 18, 2024

Under California law, tenants have rights that protect them during and after the sale of a property on which they reside. If you have a valid lease agreement signed by the previous owner, the new owner, including an investment firm that acquired the property through auction, generally must honor... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: what does it mean when the writ of execution by possession is stamped with " the clerks office will set hearing date?
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answered on Mar 17, 2024

When a writ of execution by possession is stamped with "the clerk's office will set hearing date," it indicates that a court hearing will be scheduled to address the matter further. This is part of the legal process where the court will review the details surrounding the writ, which... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Writ of Mandate-Prohibition Should be granted for few reasons.Panel hold against me if Panel D-not agree w/all reasons?

I, Legitimately have 3 reasons for Why the Court lacks Jurisdiction to enter a Judgment against me as it has done.In My Writ of Mandate I plan on listing all reasons for Why I believe the Court lacks Jurisdiction to enter a Judgement-However, My Question is....Will the 3 Member Board use it against... View More

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answered on Mar 17, 2024

In California, when you submit a writ of mandate or prohibition, it's important to present all the reasons you believe the lower court lacked jurisdiction or made an error. You're right to consider including all relevant arguments. The appellate panel evaluates each reason independently;... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sue my landlord for allowing a tenant harass me and how can I find an attorney who works on contingency bases?

I live at The Element Student Living apartment located in Sacramento. I am being harassed by a male tenant that has the room above mine. He stomps and bangs on the bedroom living room and kitchen ceiling. This occurs during the day and evening. When I first reported it to the landlord. He allegedly... View More

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answered on Mar 16, 2024

Under California law, you might have grounds to sue your landlord if it can be shown that they have failed to take reasonable steps to prevent the harassment from another tenant, especially if it affects your quiet enjoyment of the property. Documentation of your complaints and any evidence of the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My trailer park landlord forgot to have me sign lease when I moved in months ago now the new manager says I have to sign

I don’t agree with all the new rules do u have to sign? Do I have rights? I don’t own the property just have trailer in her mobile home park

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answered on Mar 16, 2024

In California, if you're living in a mobile home park and haven't signed a lease agreement, you still have rights under the state's Mobilehome Residency Law. This law provides protections for residents of mobile home parks, even in the absence of a formal, signed lease. Your... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: what are my options if i am being evicted due to a rehabilitation clause in the la county area? /
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answered on Mar 15, 2024

If you're facing eviction in the LA County area due to a rehabilitation clause, understanding your rights under California law is crucial. Landlords can invoke such clauses to make significant repairs or renovations, but they must comply with legal requirements, including proper notice and... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I need help with a landlord who has been overcharging us for electricity for months and is now refusing to give back the

Deposit when we moved out.

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answered on Mar 15, 2024

Under California law, if your landlord has overcharged you for electricity, you have the right to request a breakdown of the charges. The landlord is required to provide a detailed bill if utilities are not included in your lease. If the charges are found to be unjustified, you may be entitled to a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: "Owner" on the Deed-"Owner" who filed Unlawful Detainer-Owner who signed My Rent-Agreement all names are different?

Yesterday, I went to the San Diego County Recorders Office and obtained a Copy of the Deed to the property where I live -The name is different then the Name of the Owner who signed My Rental Agreement 5 years ago minus One week (3/22/2019). When the Plaintiff filed the UD Case July 24,... View More

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answered on Mar 15, 2024

Under California law, discrepancies in the names listed as owners on different documents could potentially raise questions regarding the legitimacy of the landlord's claim to the property and the validity of the eviction. However, the difference in names alone may not automatically lead to the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How is the 15 days rent is calculated for form CP10 Claim of Right to Possession Section 11 (immediate court hearing ...
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answered on Mar 14, 2024

Under California law, the calculation of the 15 days' rent for form CP10 Claim of Right to Possession, Section 11 (immediate court hearing) is based on the daily rental rate. This is the amount of rent due per day, which is typically calculated by dividing the total monthly rent by the number... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: had a storage unit since 2017 in the last year they’ve had an infestation of rodents much of my stuff is destroyed

When I approached management they say that they’re not responsible I pay for ins every month it’s mandatory for the first 4 years or so there were no pest problems they say there is something in the lease I have not reviewed it but there are many issues with this place and I know there’s... View More

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answered on Mar 14, 2024

I'm sorry to hear about the damage to your belongings due to the rodent infestation in your storage unit. This is a difficult situation, and it's important to understand your rights as a tenant and the responsibilities of the storage facility under California law.

In general,...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I am 80 years of age, mobility impaired, and a 7 year tenant who was given a 60 dayjust cause eviction notice.

He did not give me any Ellis Act information and is harassing me for an additional month of rent. Do I have any way to move forward?

Hasti Rahsepar
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Hasti Rahsepar
answered on Mar 14, 2024

If it is City of Los Angeles, then prior to the 60 day notice, you should have received information on the Ellis or should have been served concurrently with the 60 day notice. You would have to see a tenant defense attorney. There are many non-profit defense attorneys available in the Los Angeles... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I am 80 years of age, mobility impaired, and a 7 year tenant who was given a 60 dayjust cause eviction notice.

He did not give me any Ellis Act information and is harassing me for an additional month of rent. Do I have any way to move forward?

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answered on Mar 14, 2024

In California, if you're facing a "just cause" eviction, the landlord must provide a valid reason, such as failure to pay rent or violation of lease terms. However, the Ellis Act is a specific case where landlords evict tenants to "go out of business." If your landlord is... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I live in California.. I have a tenant at will.. she made a house key copy without permission is that trespassing??

So I allowed her to stay at our house while she can find her own place .. gets charged no money at all and has a pet.. I asked her to just let me know when she will be coming home since she leaves for days at a time and leave her dog here at the house.. never gave her a key house.. one day without... View More

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answered on Mar 14, 2024

Based on the information you provided, it seems that the tenant is not trespassing under California law. Here's why:

1. You allowed her to stay at your house while she looks for her own place, which suggests that she has your permission to be there.

2. Even though she made a...
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