Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: How many times can management enter your apartment in a month before it is considered harassment?

We are a low income complex funded by different government departments. We are having a government inspection on the 28th and since March I have had at least 6 notices of entry left on my door( as has most of the other tenants as well). The latest dated today for tomorrow is for tomorrow... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

To answer this question, we need to consider California landlord-tenant law and the concept of reasonable entry. Here are some key points to consider:

1. Legal basis for entry: In California, landlords have the right to enter rental units for specific reasons, including making necessary...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How much can I request from my landlords if they violated government code 12955

I filed a case with dfeh and they took that the complaint regarding my pet deposit with my service dog because I am disabled and they denied me the return my pet deposit to me.

So what can I ask to be compensated for them violating it?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

In California, if a landlord violates California Government Code 12955, which prohibits discrimination in housing based on disability (among other protected classes), you may be entitled to various remedies. The specific compensation you can request depends on the facts of your case and the extent... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I be evicted from a storage unit for a misunderstanding between management?

I found a cell phone left in the public restroom , my intention was to return it to the office. I got busy with things and had forgotten to do so . It belonged to management whom tract it to my friends and as soon as he asked for it , I returned it immediately.

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 20, 2024

Thank you for your question!

A commercial landlord can evict a tenant under the terms of the lease agreement, and proper notice.

Absent an intention for larceny, no crime happened here, especially when you immediately returned the cell phone as soon as he asked for it. So eviction...
View More

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I be evicted from a storage unit for a misunderstanding between management?

I found a cell phone left in the public restroom , my intention was to return it to the office. I got busy with things and had forgotten to do so . It belonged to management whom tract it to my friends and as soon as he asked for it , I returned it immediately.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the details provided, it seems unlikely that you would be legally evicted from your storage unit solely due to this misunderstanding about the cell phone. Here are a few key points to consider:

1. Eviction criteria: In California, a storage facility can typically only evict a...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for California on
Q: Roommate passed away, do I legally owe his x-wife the last month's rent back?
Delaram Keshvarian
Delaram Keshvarian
answered on Jun 20, 2024

Thank you for your question!

Whatever you owe to the roommate under the agreement between you, now you owe to his successor in interest in the agreement, here it can be the wife.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for California on
Q: Roommate passed away, do I legally owe his x-wife the last month's rent back?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

I'm sorry to hear about your roommate's passing. This is a difficult situation to navigate, both emotionally and legally. Based on the details you've provided, here are a few key considerations from a legal perspective in California:

1. Rental agreement: The specific...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant for California on
Q: If you lived in a tenants home (Oxnard CA) for less than 1 year are they still required to pay you $ to relocate?

Oxnard code says they have to pay 2 months worth of rent or $5,000 which ever is greater

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the information provided, it seems that the city of Oxnard, California has a tenant relocation assistance ordinance. These types of ordinances are designed to help tenants who are forced to move out of their rental units due to certain circumstances, such as the landlord wanting to... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Hi, so I recently moved out from my apartment, I received my deposit back and was charged $500.

So my apartment charged us 750 for the deposit at move in. I recently moved away and received my deposit back (about $210). I was charged quite a bit for cleaning/ carpet cleaning and charged for painting. I thought that in California they are only able to charge for that if it is more than normal... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 19, 2024

Thank you for your question!

The landlord cannot charge you for charges related to wear and tear unless it is put in the lease agreement or the tenant causes damages.

You can for a small claim court damages take your money back.

This is merely a discussion of general laws...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for California on
Q: Hi, so I recently moved out from my apartment, I received my deposit back and was charged $500.

So my apartment charged us 750 for the deposit at move in. I recently moved away and received my deposit back (about $210). I was charged quite a bit for cleaning/ carpet cleaning and charged for painting. I thought that in California they are only able to charge for that if it is more than normal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

In California, landlords are allowed to deduct from a tenant's security deposit for cleaning and repairs that go beyond normal wear and tear. However, they cannot charge for routine maintenance or repairs that are considered part of normal wear and tear.

Here are a few key points to...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I have a person living in my home with me i no longer want here and they refuse to leave

They have no lease or rental agreement.

Pay no bills or rent

I am the owner on the deed, they have no legal claim to property

Had atleast 3 months to leave since asking them

What are my options?

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2024

1. Offer him cash money to leave and never return. Pay him when he is packed up and is about to put his car in Drive.

2. Hire an attorney to file an unlawful detainer complaint. There may be forms available at your county clerk's website (in fact, any form you find at any Florida...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant for California on
Q: If The App-Department feels 3 of 4 issues I addressed in My Writ-Pet. are for an Appeal will they grant the Writ(cont.)

If I have raised issues in My Writ of Mandate-Prohibition that The Justices feel are for an Appeal, but one issue they agree can be heard via a Writ petition-will The Appeals Department let me know that this this and this issue need to be brought up in an Appeal , but the Justices may grant-or not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2024

Under California law, when a petitioner files a writ petition (such as a writ of mandate or prohibition) with the Court of Appeal, the court will review the petition to determine whether the issues raised are appropriate for writ relief or whether they should be addressed through a regular appeal... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Landlord-Tenant Case in Tarrant County: Rights and Next Steps

I am a plaintiff in a landlord-tenant case in Tarrant County. The Justice Court JP1 ruled in my favor, but the defendant has filed an appeal and submitted a statement of inability to pay the court fees. However, the defendant has failed to deposit the required rent payment into the court registry... View More

John Michael Frick
John Michael Frick
answered on Jun 18, 2024

If rent has not been deposited into the registry of the court by the tenant as required by law, you can request the issuance of a writ of possession. The statement of inability to pay only excuses payment of court filing fees, not rent.

1 Answer | Asked in Landlord - Tenant for California on
Q: I moved into my rental 4 years ago on February 16th. The rent was pro-rated. I am moving which is good because the home

is being sold. The carpet is very stained, but they will be putting in hardwood floors. Both the realtor and contractor came to look and told me that. Now, the owner wants to charge me for the carpet even though they are replacing it anyway. Can he do that? And since it was pro-rated in the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

In this situation, there are a few things to consider:

1. Normal wear and tear: Landlords generally cannot charge tenants for normal wear and tear on the property, including carpets. However, if the stains are excessive or caused by negligence, the landlord may have a case for charging you....
View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I rent a room out to a tenant and I’ve recently diagnosed with cancer and have to sell my house, how do I go about this.

Ive let this tenant know that I’m selling my property, they refuse to leave and are giving me a hard time with taking pictures of the house and their room. Im trying to put this property on the Market but my tenant won’t let me. They’re on a monthly to monthly agreement and have the room in a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

I'm sorry to hear about your cancer diagnosis and the challenges you're facing with your tenant. Here are the steps you should consider taking in this situation under California law:

1. Provide proper notice: Since your tenant is on a month-to-month agreement, you need to provide...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: in California, if the tenancy status changes can I raise rent to market rate

Current tenant had kids that were under 18 , while under 18 the kids were listed as occupants.

The kids are now over 18. the lease states that once the kids are over 18 they are no longer occupants.

kids moved out and one kid came back.

If I were to read him as an occupant... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

In California, rent control laws and regulations can vary depending on the city or county. However, under the California Tenant Protection Act (AB 1482), which went into effect on January 1, 2020, there are certain limitations on rent increases for most properties in the state.

Generally,...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I raise the rent for a tenant who gave a 30 Day notice to vacate and now wants to take it back and add a roommate?

The tenant is on a month to month rental agreement. I would create a new month to month agreement with the new roommate added and signed to it. And is there a certain limit it can be raised to?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

In California, if a tenant is on a month-to-month rental agreement, you generally have the right to raise the rent with proper notice. However, there are some limitations and considerations:

1. Rent control: If the property is subject to rent control ordinances, there may be limits on how...
View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Advice Needed: Eviction Case Appeal Due to Defendant's Statement of Inability to Afford

Dear Legal Experts, I am seeking advice regarding an eviction case where the defendant has appealed the judgment by filing a Statement of Inability to Afford Payment of Court Costs. The defendant has claimed that they are receiving various forms of government aid, including utilities assistance,... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

During an appeal from an eviction case, an indigent defendant can file a Statement of Inability to Afford Payment of Court Costs to avoid paying upfront the court filing fees associated with the appeal. This Statement, however, does not excuse the defendant from paying rent during the pendency of... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What kind of rights do I have for early termination or is there any justified way for me to withhold first months rent?

Maybe to declare my property being leased unlivable. Here is some information about my situation: I moved into a house freshly painted. Did the final walk through for the lease, everything looked fresh and good to both me and the property manager. It’s been a month since I moved in and I have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

Based on the information you've provided, it seems that you have a strong case for considering your rental property uninhabitable due to the termite infestation and serious water problem. In California, landlords are required to maintain the rental property in a habitable condition, which... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 17, 2024

You do not have any legal rights to the decedent’s property just because he let you stay there rent free for 12 years. However if he left you something in his will, you would have inheritance rights. Your status as of now would be as a de facto tenant at will. The personal representative of the... View More

View More Answers

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 17, 2024

There is no notice required in an unlawful detainer action. As soon as the homeowner passed away, you had no legal right to remain in the house. You've lived rent free for 4-5 months. Pack up your stuff and leave, because you have no apparent legal defenses based on your post.

View More Answers

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.