California Landlord And Tenant Legal Questions

You have an excellent cases against the owner [the management company might only be liable to you if it signed the lease and not the owner directly] for damages in the amount of a reasonable payment for rent elsewhere, moving expenses to go to the other residence, perhaps the difference between the cost of meals outside the hotel room minus the price you would have to pay to buy the food consumed, and other costs you incurred because you could not stay in the rental unit minus the rent you would have had to pay. That also assumes that you have acted reasonably in not looking for other accommodations because they kept promising you would be able to move in very soon. To get a cheaper attorney fee, if the owner will not settle with you, you probably want to see how many of the other tenants are willing to band together in a single suit.... Read Answer

You have to give us more information. If you were not supposed to pay rent, then you are a guest and can be asked to leave and legally you should as you have no right to be there, no matter how long you have been there. The owners problem is how to accomplish that without using or threatening force. If you were suppose to pay rent, no matter how long you have been there, the owner has to give you a three and/or thirty day notice and when those expire can go to court to have you evicted.... Read Answer

The question of whether your case is worth pursuing on a contingency fee involves several factors. 1. Do you have liability for any non consensual audio recording of the property manager? 2. Have you actually moved out so that an action for wrongful eviction, typically covered under a landlords insurance policy, can be asserted? 3. Does an asset check indicate that the landlord is worth suing regardless of whether he is insured? 4. Are there any particular factors enhancing your damage claims, such as by way of example, your mental health treatment to substantiate a claim for intentional infliction of emotional distress? Assuming that this claim is worth pursuing on a contingency fee basis, the ideal attorney would be one with experience representing tenants, typically one who has worked for a free legal aid organization, such that he is well educated on the nuances of landlord liability in the context of tenant relationships.... Read Answer

In California, after reasonable notice to the landlord, you can spend up to one month's rent for needed repairs. You can also report the landlord to the local health department, but that may not result in any repairs. There is a presumption for 6 months that any attempt at eviction is in retaliation. First get all the tenants together or have representatives speak to the landlord that you do not want to cause any trouble, just get the rental value you are paying.... Read Answer

You should not have to turn your key over until the last day the 30 days expires. With respect to your other questions, I suggest that you contact an experienced landlord/tenant or real estate attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation.... Read Answer

The landlord has no right to inspect your apartment without your consent, and the police department would never ask a private citizen to do so as anything found inside that was illegal to possess would be barred from being used as evidence because no warrant issued for such an inspect. ?Tell the landlord you are uneasy about the situation and can not believe the police would ask for his help.... Read Answer

I assume you are not in a Housing Authority unit since they have different rules from private ownership apartments. Talk to the owner of the building to see if they will give you more time; you will need to give them a firm date as to when you will be out. If you are on a month to month lease and have been there less than one year, the landlord has to give you a full 30 days notice; were you personally served or did they try to do so and posted a notice on your door and sent you a copy in the mail. If not, then it is not a valid notice and tell the landlord you have to be served again. Point out that the drugs being there was not your fault but you understand why they want you out but they have to follow the legal requirements. You could give them a check for next month and if they take it the 30-day notice is no longer valid. That the original search was not legal is not a defense in the civil case. You could offer to stipulate to a certain move out date, but the landlord would require that you would have to agree if you are not out by then that a judgment of possession against you would issue and the sheriff could serve to evict you. You can not be evicted without the matter having been set for trial. That normally takes at least three weeks and then several weeks for the sheriff to come. It is cheaper for the landlord if you agree to a stipulation.... Read Answer

I would think there is no permit you would need. Send a letter to the county counsel, since it is not within any city limits, saying you assume it is legal and contact the local sheriff's department in case someone might call them believing you are violating the law so they do not send a deputy out to investigate.... Read Answer

I am confused as to when the 30 day period ends, but assume it is sometime after 3/31. I also assume the tenant is on a month to month lease. If the prior owner gave a 30 day notice that the lease will not be renewed, then as the new owner you covered by that notice. As the new owner, you assume the contractual obligation and benefits of the prior owner. It is best that you send a letter saying that the prior 30 day notice applies but that the tenant agreed to move out 3/31 and you appreciate that. If the tenant does not move out, you can then file for an unlawful detainer.... Read Answer

I do not understand why the landlord would want to evict you unless he is planning to make a large increase in the rent. Your problem is going to be the written lease says 6 months and nothing about a renewal. In general, you are not allowed to vary the clear terms of a written agreement by any verbal agreements [parole evidence rule otherwise, people would just claim there was a verbal agreement so no written agreement would hold up]. You could try to argue that the landlord mislead you by promising to extend the lease, but it becomes your word against his and since you have the burden of proof it would be difficult to convince a judge to find for you unless there was another witness to what was promised or some other evidence. Talk to the landlord to try to find out why he wants you to leave; why give up a tenant who is paying rent to have to go through the time and expense to find a new one.... Read Answer

You have been "constructively" evicted [forced out by physical breaches to the rental contract]. You have a reasonable time to remove your possessions and no longer have to pay any rent since you are not living there. ?The landlord should be responsible for the difference between your new rent for a similar unit and past rent and the moving expenses.... Read Answer