California Landlord And Tenant Legal Questions

Since you pay rent, your mother could evict him but would have to give 60 days notice. The mobile park might be able to evict him but would have to give a three day notice and prove he was breaking the law [the neighbor would have to testify and convince a judge he was actually acting illegally]. But if he does not leave, the deal your mother made is broken and the parties will have to resume the litigation process as though no deal had been made.... Read Answer

Contracts are enforceable even if not signed if both parties perform according to the contract terms and one believes a binding contract exists. ?Agreements on the leasing of property do not have to be written. If the landlord can not claim you breached an agreement to rent the property, how can you prove you had any legal right to occupy it? If the landlord is claiming your breach was because of anything unusual in the contract, you can argue that you were never aware of that requirement and could not have been expected to be aware, but failure to pay rent on time, damaging the property, etc. are not terms that would surprise you. Why did you not ask before moving in to see a copy of the lease?... Read Answer

Each type of behavior that results in an incident that a suit can be filed has a time limit in which suit must be filed. For a minor, normally it is held in abeyance until that person reaches the age of 18. Whether you are suing for negligence or breach of the contract for quiet enjoyment of your living quarters, 7 years is well past the statutes. In any case, what did the landlord do wrong? Allowing an adult child to receive mail there is not a wrong [I assume other people lived there than your family and your parents had asked that the mail not be delivered there]. If your mother was jailed for months, she must have done something, such as hitting one of the officers. That is not the fault of your godparents; they could not anticipate that would occur. Your loss of income was a result of your mother's behavior and not the godparents. The police normally do not stick a gun to the face of an eight year old, and in 7 years she should have recovered basically. Your parents should have been given a 60 day notice to move as the law increases the normal 30 days to 60 if the person has been a tenant there for a year or more. So they may have to re-serve your parents. It seems to me that you have a long term grudge against them and are looking for some way to harm them. You don't have a remedy. ?You need to get over the incident and progress in your life.... Read Answer

There is no requirement that the notice be typed, it merely must include the proper language and accurately state the amount of rent owing. The name listed does not have to be correct as long as it gives notice to the person being evicted that it is in fact directed at them. That she leaves the kitchen a mess is not adequate basis to pay no rent at all. You should have told told owner what the reasonable value is of your having to clean up and that you wish to deduct that from the rent. If you are a month to month tenant, the owner can simply also give you a thirty day notice [60 days if you have lived there more than a year]. The owner probably will always favor his girlfriend over a tenant.... Read Answer

Your landlord probably will not agree to your having a pit bull because his liability insurance carrier likely would cancel his insurance [pit bulls are a very dangerous dog, even when raise to be no aggressive at times all dogs can threaten to bite but pit bulls bit much harder and do not let go]. When a contract mentions something without specifying details or saying "all", etc., a reasonable person standard would apply. Would a reasonable landlord allow two dogs in one apartment? No. The dogs might chase each other, get into fights, bark at each other, or act in other ways to be a nuisance. ?You are lucky to have found a landlord who allows any pets. The landlord is not changing any rules, just interpreting the existing rules. If he wanted $200 for the damage one dog might cause, why would he not want an additional sum for the extra possible damage? You apparently moved the dog in without first asking him.... Read Answer

How are we supposed to know what an "ESA" is? How can a physician make a determination that you are disabled and need an animal companion unless they have a recent and extensive medical record file or have seen you? The HOA would not be unreasonable in asking for more accurate evidence of your need.... Read Answer

The move-in/out forms are matters of additional evidence. The landlord can testify and see if the judge accepts what he says. If he shows a picture of a big ink spot on the carpet, a door broken, etc., the judge might suspect you would not have moved in if the unit was in that condition. Even though you probably would be the plaintiff [the landlord has already withheld the security deposit money], most judge would put the burden of proof on the landlord to show he deductions are reasonable [which includes estimates for the cost of replacement or repair]. The landlord is supposed to send you within 21 days the reasons for withholding any money, but the code section does not state what the result of a failure to do so is.... Read Answer

No. if you placed them in a safe place that is sufficient. The police will not want to get involved. She is supposed to pick up all her items within a reasonable period of time [a month or so], so you have been overly generous with her. Give her a list of what you have and tell her if she does not take all of it you will dispose of the rest, throwing away that which has no value. She also owes you for storage. If she paid no rent, then she was not a tenant so would not have the rights of a tenant.... Read Answer

Unfortunately, your rent needed to be received by the landlord on the day it's due or the landlord is fully within his rights to impose a late fee and send a 3 day pay or quit notice. It is your responsibility to work with any third parties that are helping you to insure that your rent is sent sufficiently in advance for it to be timely received.... Read Answer

Yes, but you will probably need to have the advice if not representation of a local real estate attorney. You will want to counter sue to quiet title [get a declaration you own the home] and the costs you have incurred because title was not transferred. There may be a problem if he sold the trailer to you as an individual and he runs the park under a different name. However, even though he did give you title, I do not think that necessarily means you did not have to pay rent and are subject to eviction. Why did he never transfer title to you?... Read Answer

You probably need a local real estate attorney. Not paying your taxes does not make you a criminal, although the taxing authority could later bring criminal charges. If you sound too aggressive or arrogant, an attorney might not want to handle your case because they would envision having future problems in getting you to do what they tell you to do.... Read Answer

Your posting is a little confusing. You need to see a local real estate attorney. An easement by necessity normally refers to physical access to the landlocked property, and I am unsure whether it would apply to a sewer connection. I do not know that the former owner could deed away the easement because it is imposed as a matter of law and not title documents. You may have a cause of action against the daughter for selling you the property without telling you what she had done. It is not unreasonable for the front property owner to ask for information as to what you are going to do as to the easement and whether it will be restored to its former state, as you are not allowed to damage anything on the easement.... Read Answer

You are asking whether the HOA is stopped from enforcing its rules because of a five year lapse in doing so. I am not sure, but likely not because the home owners knew what they were doing was in violation of the rules and that at some point the rules would be enforced. If a city does not enforce anti-littering laws for years and then does, it would not be barred from doing so. But if a landlord let a tenant smoke for years and then tries to ban it they might not be able to because it is merely a contractual term and not a law. HOA rules are also contractual terms, but each member of the HOA has the right to enforce those rules. If a new buyer moves in knowing what the rules are, why should he not be entitled to enforce the rules even those before him did not?... Read Answer

If the rooms were rented with the direct or implied promise there would be a refrigerator, then the landlord can not remove it without reducing your rent, as he is taking away part of the value of what you were renting. He is also making it impossible for you to live there which is a constructive eviction, so you could leave without paying any more rent. He probably can not ban the use of small refrigerators but may be able to charge you for the amount of electricity used above the cost of the power used by the large refrigerator. ?As to the promise to move you to the larger room, unless it was in writing or others heard it, it will be your word against his so difficult to sustain your burden of proof.... Read Answer