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Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Rights, Landlord - Tenant and Personal Injury for Washington on
Q: landlord unlawfully trespassed me police denied my rights under RCW 4.24.355 landlord is selling everything i own

On June 1st, the Puyallup police, acting upon landlords request, unlawfully trespassed me from my property without due process. Additionally, I was denied my rights under RCW 4.24.355 by the police officer to gather the legal documents necessary to prove my tenancy/occupancy, resulting in the... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand this is a serious and distressing situation for you. Based on the information you've provided, it appears there may have been several potential legal violations. Here's an overview of the key issues and some suggestions on potential next steps:

1. Unlawful eviction:...
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1 Answer | Asked in Business Law, Civil Rights, Landlord - Tenant and Municipal Law for Tennessee on
Q: Can a hotel take my belongings without informing me that my payment for services didn't go through?

Hotel located in Tennessee.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question accurately, we need to consider a few key aspects of Tennessee law and general hotel practices:

1. Payment issues:

When a hotel guest's payment doesn't go through, the hotel typically attempts to contact the guest to resolve the issue before taking...
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1 Answer | Asked in Landlord - Tenant for California on
Q: What does it mean when my Unlawful detainer trial is trailing? Is that good or bad for me? (tenant) Ventura County
James L. Arrasmith
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answered on Jun 26, 2024

When an unlawful detainer trial is "trailing," it means the trial has been postponed and is waiting for an available courtroom or judge. This is a common practice in busy court systems to manage caseloads efficiently.

For you as a tenant, whether this is good or bad depends on...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord performs inspections of my private fenced in backyard w/out permission & w/out notice. Is that legal?

I live in CA. My landlord performs inspections of tenant's private fenced in backyards without permission & without giving notice by peering into my yard from the other side of my fence, 10' from my big see through sliding glass door. They are not entering my apartment & they are... View More

James L. Arrasmith
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answered on Jun 26, 2024

To properly address this question, we need to consider several aspects of California landlord-tenant law and privacy rights. Here's an analysis of the situation:

1. Right to quiet enjoyment:

Tenants in California have a right to "quiet enjoyment" of their rented...
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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord raised my rent 9.25%, then 4 days after paying it. Billed me for 4 months of water bills. Is this legal?

Then 2 days later sent me a bill for current month. She is harassing me?

James L. Arrasmith
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answered on Jun 25, 2024

I understand you're concerned about your landlord's actions. Let's break down the situation and examine the legal aspects:

1. Rent increase:

California has statewide rent control laws under the Tenant Protection Act of 2019. The maximum annual rent increase is...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Was there any changes to when a landlord had to give notice to tenant about ab-1482.. or is it still 08/01/2020?

I’m in the middle of an unlawful detainer right now. The Landlord attorney is trying to settle this out of court and one of my defenses is that they didn’t ever give me proper notice of being exempt and hes claiming that there was a change to when they had to give notice he mentioned (1946.2)... View More

James L. Arrasmith
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answered on Jun 24, 2024

To answer your question directly, as of my last update in April 2024, there have been no significant changes to the notice requirements for AB-1482 (also known as the Tenant Protection Act of 2019) regarding when a landlord must provide notice of exemption. The original deadline of August 1, 2020,... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Health Care Law for California on
Q: My daughter is diagnosed bipolar with psychosis can’t honor two leases what can she do

She was project director for AbbVie Pharmaceutical in Irvine making good money until she got invited to a James Bond themed party and somebody slipped her something and she has been like this since. She has been in 5 behavioral hospitals since, there’s alot more but thanks

James L. Arrasmith
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answered on Jun 24, 2024

I'm sorry to hear about your daughter's difficult situation. This is a complex issue that involves both legal and health considerations. Here's some general guidance, but please note that specific legal advice would require consulting with a lawyer familiar with California tenant... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: is my landlord allowed to charge me $200 because I did not move out when my notice was up and the roofers charged her?

I was given you 60 day notice to vacate no fault just caused so she can get the roof fixed. I did not move out in time and the roofers supposedly charged her for having to change plans and she made me pay that fee

James L. Arrasmith
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answered on Jun 24, 2024

To provide the most accurate advice for this situation, it's important to consider several factors:

1. Lease agreement: First, check your lease agreement to see if there are any clauses related to holdover tenants or fees for not vacating on time.

2. California law: California...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I break my lease if the property manager does not fix air?

I live in Texas and the temperature inside my unit reaches up to 81 degrees whenever the outside temperature is in the 90s. My bedroom is hotter than the rest of the unit and reaches 83 degrees. I have submitted a work order to the office and sent a certified letter with photos of the thermostat. I... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The answer to your question depends heavily on local ordinances and the language of your lease agreement.

People were leasing space to live long before the invention of air conditioning. As a matter of common law and state law, there is no legal requirement that a leased space have working...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My girlfriends parents gave us their house and now she wants to evict me out of retaliation can she do that

We've been together for 6 years and lived together the same time we have no land contract or lease but she's mad over an argument and is having her parents file eviction can I fight it and sue

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

You can fight it, but you're unlikely to prevail. Your girlfriend's parents are the landowners. Your status as an unmarried couple means you have the same legal status as any other tenant to them. In Michigan, absent a lease to the contrary, you are considered a month-to-month tenant. At... View More

Q: Is a contract for deed legally enforceable if it's not filed with the county, and how do I cancel one as the buyer?

CFD is through my ex-bfs brother. I wrote it up, because family and didn't anticipate this. I know that was stupid. I got an OFP against the abusive ex in April, so since he can't be here anymore, they've been trying to evict me ever since. And, refuse to buy me out. I'm not... View More

Robert Kane
Robert Kane
answered on Jun 24, 2024

I admit I do not have experience with your specific situation; and research and analysis are required. I did, however, want to comment. You ex's abuse (if proven) isn't necessary a breach of contract. Your investment in the property doesn't necessarily mean you are entitled to any... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I amended my answer to UD and asked for jury trial. Will they have changed court date because i cant find it in calendar

I filed my amend on the 17th and they notified me I had trial on the 24th which I was never notified about before, but I am unable to find my case on that court date provided is it possible that they had to change it due to me asking for a jury trial?

by the way, I’m in Ventura County

James L. Arrasmith
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answered on Jun 23, 2024

Good question!

1. Requesting a jury trial often changes the court process and schedule.

2. It's possible the court date has been changed due to your jury trial request, as jury trials typically require more preparation and a different court setting.

3. The fact that you...
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1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Public Benefits for Pennsylvania on
Q: I have been renting a room from a friend however I am not on the lease and am unaware if the landlord is aware

Is my friend at risk of being evicted if the landlord is made aware of this? I have been receiving mail here. However I recently applied for food stamps using this address. 1. Is the assistance office allowed to contact the landlord? And 2. Do I have any legal right to live here as well is my... View More

James L. Arrasmith
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answered on Jun 23, 2024

To address this complex situation, let's break it down into several key points:

1. Subletting without permission:

Your friend is likely violating their lease agreement by allowing you to live there without the landlord's knowledge or consent. Most leases prohibit...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Hello, how are you? I was wondering if you could explain why a Complaint must have at least One Cause of Action?

What CCP, Statute and or Rule of Court Mandates that a Complaint must have at least One Cause of Action? Is this more or less a definition of "A Cause of Action". A Cause of Action is a Legal Theory that States facts put forward as the Basis for a Lawsuit?What happens If a Plaintiff... View More

James L. Arrasmith
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answered on Jun 23, 2024

To answer your questions about causes of action in complaints under California law:

1. Requirement for at least one cause of action:

There's no specific statute that explicitly states a complaint must have at least one cause of action. However, this requirement is inherent in...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Q: I need help with a writ of supersedes and a request for an imidate temporary stay

I filed an Answer on 06/06/24 the plaintiff's attorney served me with a request to set trial on 06/07/24. Three days after my answer was filled on 06/09/24 the clerk rejected it for the following reason "Two parties are listed on number 1, but only 1 party and contact information is... View More

James L. Arrasmith
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answered on Jun 23, 2024

I understand you're dealing with a complex legal situation involving an appeal and potential eviction. Here's a breakdown of the key points and some general guidance, but please note this is not legal advice:

1. Timeline:

- 06/06/24: You filed an Answer

- 06/07/24:...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Does a Complaint have to have a Cause of Action for a Judge to enter a Judgement for The Plaintiff.

Is the reason a Complaint must have a Cause of Action for a Judge to enter a Judgment in the Plaintiff's favor,because if the Complaint does not have a Cause of Action the Court does not have Jurisdiction to enter a Judgment in The Case for the Plaintiff?Thank You for your time and your response.

James L. Arrasmith
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answered on Jun 23, 2024

To answer your question:

Yes, a complaint generally must state a valid cause of action for a judge to enter a judgment in favor of the plaintiff. This is a fundamental principle in civil procedure. The reason relates to jurisdiction, but it's a bit more nuanced than simply saying the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: What is the rent increment or percentage on a Self Storage Unit

After six months renting my Self Storage Unit in the city of Richmond California. I received a 30 days notice rent increase. From $250.00 To $350.00, which is around 40% rent increment.

Sincerely

James L. Arrasmith
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answered on Jun 22, 2024

I understand your concern about the significant rent increase for your self-storage unit in Richmond, California. A 40% increase is indeed substantial. Here's some information to help you understand the situation:

1. Legal regulations: California doesn't have statewide rent...
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1 Answer | Asked in Health Care Law and Landlord - Tenant for New York on
Q: Can a landlord work with the broker to chase me from the property ? bc of a disability?

I'm displaced and spent over 8000.00 in hotels, still get harassed, they want me out by tomorrow.....

James L. Arrasmith
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answered on Jun 22, 2024

This situation sounds very concerning and potentially illegal. Landlords and brokers are not allowed to discriminate against tenants based on disability. This is protected under fair housing laws in many countries, including the United States.

Some key points:

1. Discrimination...
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1 Answer | Asked in Civil Rights and Landlord - Tenant on
Q: I live in Saskatoon sask. and I have been storing my personal belongings after becoming homeless in a friends carport

I live in Saskatoon sask. and I have been storing my personal belongings after becoming homeless in a friends carport in his back yard for the last 2 years.now the place has been sold and my friend was only given a months notice despite the requirement if the purchaser or a close family member... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here's an analysis of your rights and the landlord's obligations:

1. Notice period: In Saskatchewan, landlords are generally required to give tenants at least two months' notice to vacate if they plan to sell the property. The...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for Texas on
Q: Can DCHHS EHAP (Emergency Housing Assistance Program) be sued? I was denied recertification of my previous rental assist

My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some key points to consider:

1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the...
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