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COVID-19 California Landlord - Tenant Questions & Answers
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 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: 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 »

1 Answer | Asked in Landlord - Tenant for California on
Q: I was locked out of my warehouses with no eviction notice or court order how can I get my machines back

I was given the company to see if I could build it and none of these people honored the covid rules

Octavio Velarde
Octavio Velarde answered on Feb 11, 2021

Depending on what your lease agreement says and damages are, I would file a suit in court and ask for immediate injunctive relief. I would probably also seek punitive damages. California has strict prohibitions on landlord self-help remedies. I would contact a landlord–tenant lawyer immediately.

1 Answer | Asked in Landlord - Tenant for California on
Q: My tenant has taken in two adults during COVID without notice or authorization from me.

The rental agreement was for her and her two young children. She is also only paying 25% of rent. What can l do?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

It would seem that she is in breach of the lease re: occupancy. You can give her a 3 day notice to correct or quit, and a 60 day notice to quit, depending on the Covid restrictions in your area. You need to discuss with a local tenant rights attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: May I serve a tenant with a 90 day vacate notification during COVID-19? He has paid his rent timely.

Is a notice to vacate the same as eviction?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

A notice to vacate is an eviction. There are limits as to evicting tenants during Covid, these vary by city/county. You should discuss this with a Real Property or an Eviction specialist in your local area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I use my security deposit towards my last months rent during the pandemic?

I need to move due to my rent being increased by 53%.

Maurice Mandel II
Maurice Mandel II answered on Jan 28, 2021

First, this could be an unlawful rent increase. Check the civil code, I believe that your LL cannot raise the rent more than 10-15% per year, and they have to give you proper notice. Check Civil Code around section 1941. Next, about your security deposit, no, you cannot legally use this for last... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord wants to have in person showings to buyers during covid-19. Do I have a right to refuse entry due to covid-19?

I have a 2 year old in my home. I do not feel comfortable risking my family's health so that my landlord can sell the property. We have 3 years left on our lease.

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Depends on what your lease says. You can certainly require that anyone entering the home has to be masked. If you want more restrictions, you have to get a court order. Best if you retain a tenant's rights attorney in your area.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord illegaley locked me out

live in cal and my landlord illegeauley went into my home let someone search my home and changed my lockes been trying to find assistance since oct 16 this all took place while I was gone on a Dr visits out of town came home to a snake in my kitchen floor was behind on rent yes since pandemic hit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The first thing you must do is recover your property from the premises before the LL destroys it. I would not trust the LL to put your property into storage. Start this by sending a letter saying you want your property returned to you. If the LL fails to comply, take it to the police. Next, you... Read more »

3 Answers | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: What can I do if tenant does not comply with 3 day notice to remove dog from property?

My tenants dog bit me and we gave them a three day notice to remove dog. However these tenants are very difficult and tend to do things as they please. I live in Los Angeles and its in rent control. On the rental agreement it stated no pets but they got it during the pandemic cause our governor... Read more »

William John Light
William John Light answered on Dec 1, 2020

You can also make a claim for personal injuries against them if you needed any medical attention.  Whether that is worthwhile depends on whether they have renter's insurance.  You can also initiate eviction proceedings although I am not sure what the status of such proceedings is now.

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2 Answers | Asked in Landlord - Tenant for California on
Q: i recived a vacate order but was never served a 3 day pay or quit or unlawful detainer and never got it in the mail

i told my landlord about BLACK MOLD and next thing we have the sheriff serving a notice to vacate

how can i stop this

Maurice Mandel II
Maurice Mandel II answered on Nov 13, 2020

You may be looking at an unlawful, retaliatory eviction. You really need to get quick help from a Tenant's rights attorney, there are several in Orange County. You might even contact the OC Legal Aid society with this. You have to take immediate steps to get to Court on Monday to get an... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can a landlord seek payment for damages discovered a few months after the security deposit was returned?

I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 13, 2020

You have a conflict with two areas of law. First, the LL's duty to provide a tenant with a security deposit, within 21 days, with an inspection and itemization of damages withheld. You did this, and a problem for you is that your "agent" -- Dad- failed to discovery the problems and... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: Can I terminate the lease of a tenant in a rent control area who has occupied the rental for less than 12 months?

We are in the process of completing the purchase for a duplex in Los Angeles (area code 90038).

The duplex is in a rent control area and the one side of the duplex is occupied by a tenant that signed to lease the property until 2021 for $800 below market value.

We were intending for... Read more »

John Francis Nicholson
John Francis Nicholson answered on Oct 9, 2020

Here is the updated version. While the current moratorium rules are in place you cannot evict a tenant based upon the information that you have given. The rules change fairly often but they have been giving tenants more rights - not less.

Encourage them to pay rent in the meantime;...
Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: Tenant no longer paying rent and no COVID loss best way to start an eviction. We wanting to take unit off rental market?

We have no oral or written lease agreement with this tenant. She had an oral agreement with our mother who passed away and this agreement expired in august and she just stopped paying rent. We live out of town and would like the unit vacant and off rental market. We may use unit for our personal... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 7, 2020

First you have to review the COVID moratoriums on Evictions for the area in which the property resides to be sure there is no restriction on your eviction of this tenant. Then you should consult an eviction attorney in your area to be sure you did not miss something. Next, you might serve both a... Read more »

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1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Real Estate Law for California on
Q: During the moratorium am I allowed to give my tenant a 3-day notice for nuisance regarding a pet's constant barking?

my tenant got this dog during the moratorium, breaking our lease agreement. But since we can't do much with the moratorium in place tenant has kept the dog. now the dog is a nuisance he barks all the time cant enjoy our common areas because of it. The house is in Los Angeles, Ca, and is also... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

You need to contact a local Real Estate attorney, there are several here that you could contact and review with them exactly what the moratorium protects. IMO it does not protect a tenant from breaking the rules of the lease from being evicted, it protects people who cannot pay the rent because... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How can I recover damages from tenants who broke lease, caused damages, when moratorium is in effect?

I rented my family house to some tenants who passed a background check, etc. Then, when COVID hit, they refused to pay rent saying "well, my friends aren't paying rent, so we're not going to either." 60 days before the end of their lease, I sent them a letter of... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

First, the Courts are not closed. Small Claims max is $10,000 so you want at least Limited Jurisdiction ($25k). If back rent is on top of the $20 k, you are in Unlimited j/d. The courts are open and taking new case filings, suggest you file right away and hire a PI to do a search for these... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: landlord has sold the house im living in and hasnt given me a 60 day notice and is telling me i have to go and much more

the ac is broken and he said he wont fix it. they are being complete jerks to me and my family. this covid crap has made things extremely difficult . i need help.

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

Very sorry to hear that you are experiencing these problems. Temecula is a real hot spot so no AC is really a problem. You can fight them but you will risk getting an unlawful detainer complaint filed against you and have to defend that. If you have been there more than a year, you are entitled to... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Lease endEd today & tenant is a no-show to return keys. Personal belongings are still in the unit. What are my rights?

The tenant is behind on rent for the month, and I have a strong suspicion that she plans on squatting in my unit. She also moved and her daughter and her two children without my permission. She has been there the entire duration. I want to move in and change the locks. Since there is a lease, is it... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 20, 2020

The good news is that the law is very specific about what to do, the bad news is that it takes some time. Your obligations are set forth in the Civil Code, there is a section called "Disposition of Personal Property Remaining on Premises at Termination of Tenancy §§1980 - 1991" You... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a tenant in a house that my roommate/homeowner passed. I am disabled. What are my rights and can I be evicted?
Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

As I understand what you are trying to say, you are living in a house owned by your roommate, and the roommate just died. Sorry for your loss. You have the same rights as any other tenant in a property whose owner dies. There will be a period of time (some short, some long) when the property is... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I'm a subtenant that isn't on the lease. Am I covered by just cause and the eviction moratorium?

I live in Oakland California. In the Oakland tenant book it says that if I'm a subtenant and my unit is covered by just cause, then I'm also covered. I've been living in my unit 6 months and I pay my roommate rent. We do not have a contract but through text, she said I can stay at... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 4, 2020

When you choose to live off the grid, you give up rights. You should be on the lease. Without being on it, your rights are seriously curtailed. You indicate that you know you should have a contract, at least with the tenant. You need to take care of business, then you can begin to assert your... Read more »

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