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
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.
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... View More
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.
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... View More
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... View More
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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.... View More
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... View More
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... View More
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... View More
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.... View More
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.
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... View More
The tenant claims that the AC isn't working properly
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... View More
A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... View More
answered on May 13, 2020
If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.
Best... View More
I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... View More
answered on May 13, 2020
The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.
You would be well served to initiate the termination of your... View More
I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... View More
answered on May 4, 2020
Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.
If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the... View More
I live in San Clemente, CA.
answered on May 4, 2020
You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.
However,... View More
My landlord has suddenly informed me that he is going to have my car towed Friday. The car is parked properly, in the space he himself assigned me when I first signed the lease 6 months ago. His argument is that the lease states the vehicles must be operational to be parked in their space. My car... View More
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answered on Apr 23, 2020
He is a creative landlord. It is not his duty to tow your car due to a DNV violation. He does not have the right to assume powers granted to the State. However, the LL is using dirty tactics to psychologically affect you and force you to move out. You should move your car out temporarily and... View More
I've already filed for small claims, but the courts are currently closed. I need to know what I can do to protect myself financially and what I can do to get the current roommate to leave as I am still obligated by contract to cover their part of the rent.
answered on Apr 7, 2020
You are in a sticking situation. If you both are on the lease as co-tenants, only the Landlord can evict non-paying renter. PLUS: Depending on city/county you're rental is located, there are newly-placed holds on all eviction proceedings, for at least 60 to 90 days, due to Corona V.... View More
The State of CA under the Covid 19 emergency has told tenants, broadly, that they do not have to pay rent to their landlords for up to 90 days. This, in spite of the fact that a legal contract exists between tenant and landlord. Can this be considered a "seizure" without due process under... View More
answered on Apr 6, 2020
It is not a seizure because the government isn't taking anything. A pandemic singularly triggers emergency government powers to become effective that would otherwise lay dormant. Further the state is not tearing up a contract. The tenant is breaching the contract by not paying rent, and you... View More
We are in the middle of settling my father in law's estate and that includes getting rid of the people living in the house. He was living in the property but renting the main house. Without a contract. They have been paying monthly but less than similar rentals in the area. They also are... View More
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answered on Mar 26, 2020
Just to be safe, wait for 60 days and see what the new regulations are at that time. Then, if you must, you could send them the 60 days Notice. However, be advised that certain cities have regulations regarding buyout of tenancies in the form of relocation packages. Make sure you have an... View More
The landlords are citing the lease which states that they or their agent have the right to enter the house for an inspection. I think this leaves room for interpretation. They think this is exactly what they are doing, but the lease doesn't state we have to let the bank in. We, my partner and... View More
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answered on Mar 16, 2020
The landlord has the right to enter for an inspection. However, we are in the middle of a national crisis. You have stated an argument which may stop an eviction for a short while but eventually the house will be sold. There is no stopping that. So, why not suggest to the management, that you... View More
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