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COVID-19 California Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: I'm not on the lease. Can my roommate kick out my guest?

Sometimes my friend stays for 3 or 4 nights in a row. We are very respectful and quiet. Now my roommate doesn't want her to come over anymore and threatened to call the police. I tried communicating and asking what is the problem but they want say. I've been staying there for 6 months

Maurice Mandel II
Maurice Mandel II answered on Aug 30, 2020

Your rights will be defined by your written rental or sublease agreement. If you don't have a written agreement, you don't have any rights to enforce. You are liable to be evicted on a 3 day notice for failure to comply with the terms of your occupancy which is in the control of the... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can I break my off campus housing lease due to covid all classes are remotely? Landlord don't agree to break lease.

I am a student transfer to UC Davis in the fall 2020. I signed a one year lease with an apartment on May. But now most of the courses are remote. And find out all my and my roommate's classes are remote after we register the classes in the middle of August. We living in Bay Area with family,... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 29, 2020

You should check into local ordinances that prevent evictions of tenants impacted by Covid. They could put you into the position of not having to pay rent and the LL not being able to evict you. Your LL thinks he has the strong hand right now but you may not have played all the cards yet.... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: I am a resident in a mobile home and RV park in Vallejo CA and have been without electricity since 8/10/2020.

This has affected 3 other residents and the office has been aware since day one of the problem, which has now been 6 full days. 4 different electricians have been out to diagnose the problem now, however, NOTHING has been fixed nor has the management offered any resolution such as temporary lodging... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 16, 2020

Tomorrow, Monday, file a Small Claims Action against the park, the individual managers and the management company, you can ask for up to $10,000., for space rental rebate, violation of the warranty of habitability, Negligent infliction of emotional distress and negligence. Opt to have it served by... Read more »

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for California on
Q: I am at high-risk COVID can landlord force entry into my apartment where I am sheltering in place as retaliation?

I exercised my rights for COVID rental relief (deferral) and in retaliation my landlord is harassing me and trying to gain entry into apartment where I am sheltering in place. His excuse is that if I won't pay rent he will sell apartment and needs to come and do an inspection and take photos... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

I suggest that you call the police when he comes. This is a violation of your rights as a tenant, and potentially can be a defense to an eviction proceeding or a claim in Small Claims for invasion of privacy, and denial of your right to quiet enjoyment of the premises.

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3 Answers | Asked in Landlord - Tenant for California on
Q: Is a landlord allowed to give only 10 days notice? No renters agreement or lease.

I recently moved into a room. I moved in on the 6th of June. The owner of the house is 57 year old male. I am a 23 year old male. I had a stomach bug a few days ago and vomited 1 time. He told me I had to get a coronavirus test or he was giving me a 10 day notice. I went and got tested and was... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 28, 2020

First, Check your county’s Covid Rent Ordinance on Rents. I believe your LL May be violating this Ordinance. At any rate, he will not be able to file a lawsuit until the ordinance is revoked. Just pay your rent and keep all notices and messages, you may be able to sue him later for violating... Read more »

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1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Can I sue my roommate for half the rent?

My roommate was awarded a subsidy by our city due to COVID 19 that would pay $1000 on the household's behalf. That would still leave $895 to be owed to the landlord. I filled out an application as well, but was told that the house hold should only submit one application as the awarded money is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Difficult to tell from your facts. Is the roommate paying the entire $1000, or something less. A "subsidy" is money that is received to assist in the payment of a debt, it does not replace the debt. If your roommate's debt obligation is $1895, then she needs to pay that, but you... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My ex-housemate is dying of COVID and all the utilities are in his name. Should I transfer as soon as possible?

The daughter of my ex-housemate wants the transfer into my name by Monday and the landlord is not willing to put the bills in their name (probably because I have claimed Civil Code 1511 --https://codes.findlaw.com/ca/civil-code/civ-sect-1511.html and am not paying them rent for legal reason due to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Sorry about the medical condition of housemate. You have a lot of issues with respect to these utilities. From your question, I assume you are still living on the premises where the ex-housemate lived. There is no such thing as "legal code 1511" so it is difficult to follow you. I... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I pay $200/mo. + 5 hrs/work trade each month. My landlord wants to raise my rent to $700/mo. What rights do I have?
Maurice Mandel II
Maurice Mandel II answered on Jul 21, 2020

Sorry to hear you are having housing issues at this time. You might check the latest rules for your county regarding eviction s during Corona virus times. The Governor has issued some orders and your county Board has probably passed ordinances regarding LL's ability to evict. Continue... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My new landlord has threatened me with eviction

I've lived in this rent control 4-plex for over 17 years, new LL made it clear she wants me out, told me she wants to evict me. I pay at least $600 less per mo than other tenants. Recently LL installed cameras w/audio, she has stated are for me, not for trespassers. My windows have no... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 20, 2020

check the latest rules for your county regarding eviction s during Corona virus times. The Governor has sopken about this issue but your county Board has surely passed ordinance regarding LL's ability to pursue evictions. I do not believe tyhey can evicxt you during this time. Continue... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlords family get involved in terminating lease agreement, and make decisions without his consent or wishes

Family is trying to evict my 5 yr old son & I, landlord doesn't want us to move buy he just came out of hospital & is receiving live in caregiver he is some days not remembering what happened earlier or yesterday , but he does remember b4 he went to hospital, he's gave a eviction... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 17, 2020

Sorry to hear you have these problems. You have a lot of issues, primarily is proof that the notice was retracted, since your LL won't help. If family has an actual Power of Attorney for everything or for financial affairs, they can act for the LL, but if it is just a medical power of... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: We have been subleasing a room to someone in Long Beach CA for 2 years. Can we serve them a 60 day notice during covid

We have been leasing to them for two years and it just has not worked out. We want to take possession of the room for ourselves but they are claiming that due to covid restrictions they cannot work therefore cannot save a first and last months rent for a new place. Can we still serve them a 60 day... Read more »

John Francis Nicholson
John Francis Nicholson answered on Jul 12, 2020

If your tenant, and or additional tenants subject your property to Long Beach rent control then you may be subject to paying a relocation expense. However, with the moratorium on evictions for residential convictions in California that does not prevent you from serving a 3-day notice to pay rent... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord has given a 30 day written notice of termination of agreement. No reason stated . I feel she has harassed me

Defamation, called other tenants work when asked not to . Spread lies to other neighbors. I’ve filed a police report for harassment. Should I take my eviction to court and how do I know I have a good case before goin to court

Maurice Mandel II
Maurice Mandel II answered on Jul 11, 2020

Many counties in California currently have local laws in place to protect tenants from eviction when they have problems related to COVID. No facts indicating you have such problems are offered, but they may exist and you are not thinking about them. A LL can terminate a tenancy of less than a... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord tried to evict due to my GF staying here during pandemic, but never moved in. Has he violated LAcity ordinance?

I am unemployed due to COVID-19. I recently notified my landlord that I will be withholding paying rent temporarily. Additionally, yesterday he and his wife yelled at me for 15 minutes accusing me of lying to them about allowing my girlfriend to move in without their permission. After asking for... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

Thanks for your post and the citation. I reviewed City of LA municipal code § 186606, enacted on 05/12/20, and it does have the provisions that you describe in your question, no LL shall "endeavor to evict" or evict a tenant due to rent non payment or having an unauthorized occupant due... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I rent a room in someone's home. If I can't pay rent due to COVID-19 shut down can I be kicked out?

I told the owner I can pay in 10 days when I get my EDD money. So do I have the right to stay if he tries to kick me out? My job was shut down for a second time due to the virus.

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Sorry to hear about your situation. As a renter, you have certain rights to a notice terminating your tenancy. The LL has to give you a 3 day notice to pay rent or quit, and in your situation, a 30 day notice to terminate the tenancy whether you pay in full or not. There may be limitations on... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: How can my daughter break her apt lease for the upcoming fall?

She was told she can't break lease only sublet. Due to covid 19, all her classes are online and she has also lost her job. What recourse does she have? I have tried to talk with Apt complex but was told she can't break it. The apt is in Fullerton.

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

You need to take all documents and copies of all communications with the LL to an attorney for a consultation. There is no simple answer to this question in these difficult times with CV. Many cities that have universities have enacted ordinances to deal with this problem and allow tenants to... Read more »

3 Answers | Asked in Landlord - Tenant for California on
Q: If I ask to withdraw from a lease prior to the approval and signature from the landlord, can I be released?

I signed a lease in March before the Pandemic officially hit USA, I asked to be released in April (due to financial instability from the pandemic lay offs) and they told me no. A month later I received confirmation that my lease had just been signed and executed, I also received my copy of the... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jul 2, 2020

At first blush your case seems simple but when you look at it from a first year law student point of view, it may not be that easy.

Your landlord may have turned down other applicants and as a consequence, Landlord might suffer an economic loss if he releases you from the lease....
Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: When can u kick out a roommate not on the lease that won't pay rent in ca during covid

My mom is scared of him. But he I guess well bang on her door at night with my stepdad in bed screaming at her threatening to kill it. And when she asked for the rent he will shine her on or we'll leave for 3 days and come back for a night then leave for another 30 days he won't pay rent... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

If you have a sub tenant that will not pay his rent you can evict him by serving him with a 3 day notice to pay rent or quit, and if he does not pay the rent listed on the notice, you can start an eviction action against him. On the other hand if you want to evict him for harassing and threatening... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: what are our rights when it comes to landlords selling the house?

We are on a month to month lease. Our landlord is selling the house. We communicate directly through the real estate agent and not the landlord. She uses Facebook to communicate with us. She doesn't give us proper 24 hour notice and she's shows the house on the weekend. They force us to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

Many of your rights are set forth in the rental agreement, such as the amount of notice by the realtor showing the property. You should send written notice to your LL that the realtors are violating the rental agreement provision of advance notice by just showing up without advance notice.... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I break lease since I haven't even moved into the apartment and been telling landlord I wouldn't be able to move in

I signed a lease before the covid outbreak. Found out over a month before the move in date that I wouldn't be able to continue with the lease due to the outbreak. I informed the landlord and they have yet to get back to me with any type of feedback.

Maurice Mandel II
Maurice Mandel II answered on Jun 18, 2020

very sorry to hear of your problem. Currently the new legal protections for tenants regarding CV do not provide that you can flat out break a lease. It is not possible to predict an outcome for your particular case without all the information. If, as you say, you cannot move in due to CV, then... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: If a tenant is not paying rent for reasons other than Covid, can I proceed with taking him to court and eviction in CA?

The tenant claims that the AC isn't working properly

Maurice Mandel II
Maurice Mandel II answered on Jun 15, 2020

In this unusual time, the government has issued directives protecting tenants who lost jobs and cannot pay rents. There are also directives assisting LL by providing mortgage relief. As a LL you are not barred from bringing an eviction action, but it most likely will not be heard on the same... Read more »

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