James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023

If your mortgage company is refusing to work with you to bring your mortgage current and did not inform you about the CARES Act, you may have legal options to pursue.

Under the CARES Act, certain mortgage relief options were made available to homeowners affected by the COVID-19 pandemic,... View More

You should have an immediate conversation with one or more bankruptcy lawyers. Chapter 13 bankruptcy is designed to give you up to 5 years to catch up your mortgage, all the while protecting you from foreclosure.

It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... View More

The one day lease isn't the problem. A contract (including a lease) is not valid if it has zero obligations. You are also limited in the number of legal tenants to two per bedroom. Further, it seems likely that such a lease would be deemed to have an "illegal purpose" and be void... View More

Depending on where you live, it may be a violation of a local law and contacting the City and waiting would be your cheapest option. I would also expect that you have a claim for private nuisance against the neighbor, and you could seek an injunction, but that would be expensive.

If you were never married, your rights to the property would be based on real estate laws and you have the right to ask the court to partition (i.e. have the property sold now) and have the equity distributed based on title ownership. So if he does not cooperate with you by 1) allow you to live in... View More

An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to... View More

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

Your post comes from Oak Park near Westlake Village, I believe this is in the County of Los Angeles. The Superior Court for LA maintains a very extensive website with all types of instructions on how to reserve motion dates, how to make Ex Parte applications and other matters, specifically for... View More

Interesting question, answer, maybe. It sounds like, at least, the LL is in violation of local and state ordinances requiring the wearing of masks. This could be the creation of an unsafe condition affecting habitability. (think about a LL knowingly allowing another tenant to run a meth lab next... View More

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

Strictly speaking, no, you do not need to have a lawyer with you but having an HOA lawyer with you, especially one that knows the peculiarities of Laguna Woods, would be an excellent idea. You can bet that the Association will have a lawyer present to represent them at your discipline hearing. You... View More

It depends on the local ordinances passed by the City and County in which you reside as to the extent of the relief that you can obtain. You should definitely contact a local Attorney, housing assistance agency or your city to determine exactly what you can do. IMO you should present the... View More

While you don't have any legal authorization to do what you suggest, here are some thoughts: 1. If the complex stopped providing amenities (gym, pool, cable, etc.) while continuing to charge you full rent, you are probably entitled to a rent rebate because they did not provide all the... View More

Unless you negotiate a new lease with the new owner, when the property is sold, you may have to move out unless you are protected by a local ordinance or regulation that says otherwise. These vary from county to county and city to city, so you need to discuss your situation with a local... View More

We charge by the question here, so you get one answer. Just kidding. Do not move in, notify the LL that you are breaking the lease because of Covid problems and "Frustration of purpose" is a pretty good defense. He will have to sue you but he does not automatically get one year's... View More

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

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

The LL is supposed to actively look for tenants. You should consider going to small claims and seeking full refund of your deposit. It appears you will come under some renter protection provisions of recent government ordinances imposed by the Governor's office. You can research these... View More

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