California Landlord And Tenant Legal Questions

Since your former roommate didn't have a will, her estate will be distributed according to California's intestate succession laws. These laws dictate who inherits property when there's no will. As a roommate, you wouldn't be considered an heir under California intestate succession laws unless you were listed as a beneficiary in an undocumented will (not recommended) or had a formal agreement with your roommate regarding inheritance. We can help you understand your rights and options in this situation. * Advise on navigating the probate process if there are no immediate family members. * Guide you through potential legal claims if you believe you have a rightful interest in the property (based on any agreements with your roommate). Reach out for a premium consultation so that we can go over the specifics details of the matter to steer you in the right direction. It's advisable not to take long to take action.... Read More

Where is your rental unit?  Do you live in the same dwelling as the tenant?  How long have they been there? Please contact me.  I have recent experience handling these matters and am well versed with the ins-and-outs of landlord/tenant law, particularly with the Covid additions.      ... Read More

Hello!  You should contact your landlord and file a complaint with your landlord.  You have a right to enjoy your home.  Also, it's illegal to smoke indoors in CA.  Your best option is to review your lease and take the issue up with your landlord.  You may also want to consult with a real estate attorney well versed in landlord-tenant law.  Good luck!   This answer is not legal advice and no attorney-client relationship is formed by the answer provided here.... Read More

Is he supposed to be paying rent? If not, technically you could just tell him he has been a guest and he must now leave. He likely will continue not paying attention. You could tell him as of X day he must start paying rent, when he does not give him a 3 day notice for failure to pay rent, after the three days file an unlawful detainer action, get a judgment, and have the sheriff remove him. Also give a 30 days notice. Why do you still consider him a boyfriend when he does not care about what you want?... Read More

There is no such document as an eviction "warrant." The landlord has to get a court order for return of the premises based upon what has occurred before the court hearing or 3 day/30 day notice. If you were evicted and then the landlord re-rented to you, he would have to go through the same process again.... Read More

You situation is a fine example of why a marriage license is more than just a piece of paper. The owners of the property or the person you sub-lease from can give you a three day notice for certain violations and/or a 60 day notice without any reason. You need to take some action to protect yourself.? Getting married by going down to city hall to have a clerk do it is very cheap; there is no longer is a social stigma from being divorced and it will give you more security and some economic benefits. You could instead draw up a contract as to what happens if you break up you are entitled to X items, Y notice to leave, reimbursement for any rent paid, $Z for B month as support, etc.... Read More

Yes, the City owns the street and can do anything reasonable it wants to. It could have painted the curb red so you could not park there. Some bike trials are placed several feet away from the curb so cars can still park without interfering with the bike lane. The city has to weigh your interests versus the safety of bicyclists.... Read More

He wants to sell the property back to you? He has no title to the property unless you foolishly transferred it to him [as that would mean you only have a contract with him and no claim on the property]. So legally he has nothing to sell. If you "buy" the property from him, you would have to pay for a title search to be sure he has not encumbered the property [you could do that yourself[, transfer taxes, the property would be reassessed [after 10 years it should be worth a lot more so your property taxes will likely double]. There is almost no advantage to you, so you should not help him from being labeled with a foreclosure.... Read More

An owner is allowed to personally serve a tenant with a 60 day notice that they are not agreeing to renew the lease period when it expires. A party to the actual suit to evict a tenant can not serve a copy of the lawsuit.? If the unit is under local rent control rules, you must follow additional procedures, but I think most rent control laws exclude Section 8 residents. Ask him why he thinks he has any legal or moral right to remain there. You might have a problem as to evicting his girl friend if you permitted her separately to stay with you, but if you merely allowed him to stay and treated her as part of his family, there should be no problem. Prepare and give them a three day notice for failure to pay what they agreed to pay [try to give an accurate dollar figure] and then file an unlawful detainer after the three day. Your son is a jerk and clearly will not change his behavior. I realize it is difficult for a mother to act against a child, but a similar situation occurred in my family and it was very harmful to my parents. You have your own life to live and by putting up with his behavior you may be endangering you ability to stay in your current home. You have been more than fair with him and it is disgusting how he and his girlfriend treat you. Kick them out!... Read More

No, it is the exact opposite. The judge ruled in favor of the Defendant that your proof of service was defective. To make proper service just mailing it to attorney if attorney has already appeared in case, but if Judge ruled on own that it was improper you must properly serve the actual defendant unless their attorney is willing to accept service. The law is very simple and clear [except as to businesses] so if you had problems with this procedure you likely will have some more major problems later. You ideally should at least have an attorney who is willing to give you general advice on how to proceed; some of us semi-retired attorney are willing to do so, but most attorneys do not consider it worth what they can charge versus the risks they incur of malpractice claims.? There are various books that can help you out.... Read More