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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Civil Litigation for California on
Q: Hello I am a tenant caught up in unlawful detainer filed by my landlord we agreed upon conditions for me to move out by

A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?

James L. Arrasmith
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answered on Apr 27, 2024

In California, if you and your landlord have agreed upon a move-out date and filed a stipulation for entry of judgment with the court, it is generally expected that you will adhere to the agreed-upon terms. However, if you find yourself unable to secure a new place to live by the specified date,... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: What can I do to stop a sheriff lockout while I appeal unlawful detainer. Commissioner entered default judgment and deny

Ex parte for stay of judgement, rejected myedical emergency discharge papers

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:

1. File a petition for a writ of supersedeas with the appellate court. This will...
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1 Answer | Asked in Landlord - Tenant for California on
Q: rented out room in my house to a couple, they are on/off relationship she is only one on lease does he have rights

she is the only one who has paid rent this year. he was snuck back into my house and now refuses to leave

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, if the couple is renting a room in your house and only the woman is on the lease, the man does not have the same rights as the woman who is the official tenant. However, the situation can become complicated depending on various factors.

Here are a few things to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If a landlord prevents a tenant from getting his/her mail: 1) what is the crime 2) what can be done

Landlord withholding gate key to property so mail carriers can’t get onto property to deliver the mail?

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, if a landlord prevents a tenant from getting their mail, it could be considered a violation of the tenant's rights and potentially a criminal offense. Here's what you need to know:

1. The crime:

- Interfering with the delivery of mail is a federal...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Q: If a landlord prevents a tenant from getting his/her mail: 1) what is the crime 2) what can be done

Landlord withholding gate key to property so mail carriers can’t get onto property to deliver the mail?

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, if a landlord prevents a tenant from getting their mail, it could potentially constitute a crime and provide grounds for legal action:

1. The crime:

- Interfering with the delivery of mail is a federal offense under 18 U.S.C. § 1701, which prohibits knowingly...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I retained an attorney for $2,000 to represent me (tenant) in dispute with my land lord. Atty sent contract I signed.

My attorney and his office have not contacted me one time. My landlord threatened me with physical violence. Office did not respond to my pleas for an update. I called and emailed daily. No answers to emails. Woman answering the phone would always put me on hold, tell me Noone is available,... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, attorneys have a professional and ethical obligation to communicate with their clients and keep them reasonably informed about the status of their case. If your attorney has failed to communicate with you despite your numerous attempts to contact them, you have several... View More

1 Answer | Asked in Landlord - Tenant and Tax Law for Tennessee on
Q: Can you be kicked out by asking for a transient tax refund? I also rent weekly and have been in the same room for 7 mths

Owner refuses to give transient tax refund instead threatens with kicking my family out of the motel.

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear you're in this difficult situation with your landlord. Based on the information provided, here are a few key points to consider:

Transient occupancy taxes are typically charged on stays of 30 days or less in many jurisdictions. Since you have been renting the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How can I sue my landlord for braking a contract and false restraining order she used to kick my kids and I out the home

Land lord owes me 170 bc I was with out power 2weeks writing on contract.when I asked for payment her husband came at me I pushed him away to protect my self he placed a move out restraining order the day I got served I had to leave the home 4/6/24 l have a stay away order I'm homeless with... View More

James L. Arrasmith
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answered on Apr 24, 2024

I'm so sorry to hear about your difficult situation. Being wrongfully evicted and separated from your belongings while caring for two children must be incredibly stressful and challenging. Here are some steps you can take to try to resolve this:

1. Consult with a tenant rights attorney...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is there anything that can be done about very high lease breaking fees?

I just moved out of my apartment in California and 30 day's notice. They have a clause where I'm responsible for the rent until someone else moves in which is another 6 months. They are now demanding that I pay all 6 months within 30 days of leaving which is impossible for me and was... View More

James L. Arrasmith
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answered on Apr 24, 2024

Under California law, landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit after a tenant breaks the lease. This means they cannot simply charge you for the entire remaining lease term without attempting to find a new tenant.

Here are a few key points:...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you provide services for a deposit that has not been returned. I moved out in Jan 2024 and as of 4/18 I have nothing

I moved out Jan. 2024 and still havent received anything. I have sent emails and I had the run around. I also went into the office to ask questions and they said everything is processing. That was March 22nd. I am reaching out for help since I havent received an itemized statement of deductions or... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

The most common issue in a case involving the delay in issuing a refund of a security deposit is proof that the tenant gave the landlord a written statement of the tenant's forwarding address. Section 92.107 of the Texas Property Code makes this a condition precedent to the landlord's... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: This situation is happening in Kern County, CA. My friend inherited a mobile home when his mother passed over a year ago

It is in a park where he is required to pay space rent each month. He has fallen behind in those payments. The managers of the park are harassing him and making things very difficult on him. He has tried talking to them because he would like to make a payment arrangement to catch him up. The... View More

James L. Arrasmith
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answered on Apr 24, 2024

In California, landlords are generally required to provide habitable living conditions, which include access to running water. Turning off a tenant's water supply is a serious violation of the tenant's rights and could be considered a "self-help" eviction, which is illegal in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In California, Is it lawful to change the size of unit & not inform me prior to signing the lease for low income apts.

I had requested a 3 bedroom apartment and was told what unit my family would be getting. On the day of the "breifing" and lease signing, there were 3 other applicants in attendance. I was the only person of color and I was the only one who didn't have a lease to sign. The white lady... View More

James L. Arrasmith
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answered on Apr 23, 2024

Based on the information you have provided, there are several potential legal issues to consider:

1. Bait and switch: If the property management company advertised and promised a 3-bedroom apartment but then provided a 2-bedroom apartment without prior notice, this could be considered a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord come to do repairs and go through the house and through my things away because they want it to be cleaned

The landlord has been coming everyday yelling at me cursing at me and throw my personal property in the garage. Can a landlord dictate how I have to keep my house and harass me while they are here

James L. Arrasmith
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answered on Apr 23, 2024

In California, landlords have the right to enter a rental property to make necessary repairs, but they must follow certain rules and respect the tenant's rights to privacy and quiet enjoyment of the property. Here are some key points:

1. Notice: Landlords must provide reasonable notice...
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1 Answer | Asked in Landlord - Tenant for California on
Q: what are my rights as a tenant from accused noise complaints

accused for noise complaint while not home

James L. Arrasmith
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answered on Apr 22, 2024

As a tenant in California, you have certain rights when it comes to noise complaints, even if you were not at home when the alleged noise occurred:

1. Right to due process: Your landlord must follow proper legal procedures before taking any action against you, such as issuing a notice or...
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1 Answer | Asked in Landlord - Tenant for California on
Q: will the demand for settlement letter be enough to break the lease due to mold or do we also need to send a termination?

We had to move out of our apartment bcs of mold exposure causing us health problems.

The landlord did some minor mold removal but didnt fully address the whole problem. They promised us a new apartment in the same apartment complex but didnt follow through.

We are in a new apt now... View More

James L. Arrasmith
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answered on Apr 22, 2024

In California, if a rental unit has a serious mold problem that affects the habitability of the unit and the landlord fails to remedy the issue after being notified, the tenant may have the right to break the lease without penalty under the "implied warranty of habitability." However,... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: What is the most effective way to get a low income residential property manager.to stop the retaliation for a complaint

I can not get any part of this low-income federaly funded place to get a hold of me.Do to this manager who seems to be controlling any outside help

James L. Arrasmith
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answered on Apr 20, 2024

In California, if you're facing retaliation from a residential property manager after lodging a complaint, you have several options to protect yourself and seek remedies. First, document all instances of retaliation in detail, including dates, times, and descriptions of each event. This... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for California on
Q: John Stewart company,how do they keep getting funded.for literally breaking every law that has to with tenant rights,

I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More

James L. Arrasmith
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answered on Apr 20, 2024

The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.

Unfortunately, many large property management companies are able to continue operating despite...
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1 Answer | Asked in Native American Law, Federal Crimes and Landlord - Tenant for California on
Q: I have contacted half of the people. Where can you find a lawyer still passionate about Constitution and right ¿Poor

Yeah I've contacted a few of these and once again unless you have money to pay their extremely high fees then your rights just don't exist again I know for a fact that in the civil case I'm in special characteristics is what has kept me banned from getting any kind of help anywhere... View More

James L. Arrasmith
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answered on Apr 20, 2024

I understand your frustration in trying to find affordable legal assistance, especially when dealing with a challenging civil case. It can be difficult to navigate the legal system, particularly for those with limited financial resources. However, there are some options you can explore to try to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I gave my apt. complex 30 days notice, but they’re saying I was supposed to give 60 days as per the lease agreement.

I lived in the unit for 3.5 years. I never renewed my lease after the first year. I gave 30 days notice to vacate, but the lease states I have to give at least 60 days notice. They took my whole deposit. Can I sue in court to get my deposit back?

James L. Arrasmith
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answered on Apr 19, 2024

In California, the law generally requires tenants to provide at least 30 days' notice to terminate a month-to-month tenancy if they have lived in the unit for less than one year. However, if a tenant has lived in the unit for one year or more, they are required to provide at least 60... View More

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