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... View More 
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... View More
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... View More
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... View More
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... View More
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... View 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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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
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... View More
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,... View More
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.... View More
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... View More
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... View More
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... View More
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.
Justia disclaimers... View More
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... View More
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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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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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... View More
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... View More
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... View More
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... View More
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... View More
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
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... View More
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... View More
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... View More
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