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COVID-19 California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: Past Due Rent Forgiveness In Return for Voluntary Termination of Tenancy

My tenant has not paid rent for 3 months. Rent is $2356 and due on the 1st of each month. Total rent past due is $7068. One of the rent non-payment months is claimed by tenant as being due to COVID-19 related hardship. The property is in Los Angeles County and is subject to the Rent Stabilization... View More

James L. Arrasmith
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answered on Nov 25, 2023

Under California law, negotiating with a tenant for voluntary termination of tenancy in exchange for rent forgiveness is typically legal, provided it's done in good faith and without coercion. Your proposal to forgive some of the back rent in exchange for the tenant vacating the property is a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: So i was evicted default judgment 3/30/23 I received gov rent relief COVID-19 assistance

The Article stated that if a landlord received gov assistance during covid 19 cannot evict you for non payment ? If that's true what to do. I've already been evicted and I'm being blackballed by defendants attorney as they attempt to cover up bed bugs

James L. Arrasmith
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answered on Nov 24, 2023

Under California law, there were indeed protections for tenants during the COVID-19 pandemic, particularly regarding evictions for non-payment of rent if the landlord received government assistance. However, these protections have specific conditions and timelines that must be met.

Since...
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1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?

I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out

James L. Arrasmith
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answered on Nov 3, 2023

In California, if you were absent from court due to illness like COVID-19 and a writ of possession was denied or delayed, it's critical to inform the court immediately of your situation. California law generally requires that a tenant be given notice before a sheriff executes a lockout. If the... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?

I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out

T. Augustus Claus
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answered on Nov 1, 2023

If you were denied a writ of possession due to court absence from having COVID, the sheriff should not be able to lock you out without prior notice. A writ of possession is a court order that gives the landlord the right to physically remove the tenant from the property. If you were denied a writ... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I require my landord to wear a COVID mask if they want to enter my apartment?

I live in the Richmond district of San Francisco (area code 94118).

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, landlords have the right to enter a rental unit for specific reasons, such as repairs or inspections. However, during the COVID-19 pandemic, it's reasonable to request that anyone entering your apartment, including your landlord, wear a mask to ensure everyone's... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Can I require my landord to wear a COVID mask if they want to enter my apartment?
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

Unless your lease gives you that right, which would be very unusual, probably not. Your lease most likely gives your landlord the right to enter your apartment with reasonable notice for various legitimate reasons.

Without solid evidence your landlord has an active case of COVID-19 or...
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2 Answers | Asked in Landlord - Tenant for California on
Q: Currently renting a house for sale. Can I ask that people who enter wear a mask? What if they don't or refuse?
James L. Arrasmith
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answered on Jul 28, 2023

As a tenant renting a house for sale, you have the right to ask people who enter the property to wear a mask for health and safety reasons, especially during the COVID-19 pandemic. If someone refuses to wear a mask, you may consider discussing the matter with the landlord and see if they can... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA?

What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 2, 2023

In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the... View More

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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... View 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.... View 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... View 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.

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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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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