California Landlord And Tenant Legal Questions

Your having no Social security Number is totally irrelevant as to what you might owe. As a matter of fact, what a person's SSN is should not even be mentioned in a trial. If you had a more than two month lease, then even if you gave 30 days notice before leaving, you would be liable for rent until the end of the lease period, but the landlord has to try to mitigate damages so must make reasonable efforts to try to re-rent the unit as soon as reasonably possible. Many judges consider 30 days to be enough time, especially when you give notice before leaving. If it was a month to month lease/rental, you are liable for only thirty days after you give written notice or when you move out, whichever is longer [so if your rent is due the first of the month and you give notice 11/15 that you will leave 12/15 and you pay the rent for that 1/2 month and leave by 12/15, you owe nothing in rent]. In California, I, the landlord can not require more than 2 months security deposit if the unit does not come with furniture and three months if it does. If the landlord sues you, he has to serve you with the suit; if you have left the country he can not serve you until you come back, and he will never know when you do.... Read More

Your landlord does not have to give notice to come to your unit; the notice requirement is if they wish to enter the rental unit. She does have to give you 30 days notice of any change in your monthly contractual agreement. If you originally where paying through airbnb you still have to do so, but i think in S.F. there are laws controlling the use of airbnb, but if the landlord is in violation it may not help you and result in a thirty day notice if that is allowed under its strict rent control laws.... Read More

If your family has a month to month tenancy, not a lease for a specified term, then yes, either you or the landlord may generally terminate the tenancy for any or no reason with proper notice, which sounds like this is what occurred in your situation. This is the big difference between a lease for a specified term and a month to month tenancy. In fact, the law allows for as short a notice as one month, rather than two, if the tenant has been living in the residence for less than one year. There are some exceptions, of course. For example, some jurisdictions are subject to local rent control laws which may provide for a different notice period. Also, the landlord may not utilize an eviction as a retaliatory act and discriminatory evictions are unlawful also. If you believe that you have facts that show that your landlord is either retaliating against you or discriminating against you, then you should contact an attorney immediately.... Read More

The lease probably forbids sub-leasing, which is what you did, and would at least require the owner to approve any sub-tenant. Since you did not follow the terms of the lease you are really a trespasser. They could kick you out without a three day notice but probably are trying to play it safe by giving you a three day notice. ?If it only says failure to pay the rent on it, it is defective if the October rent was paid. ?To follow up on the three day notice, they would have to file suit, wait 3-4 weeks for a trial, wait another week or two for a judgment, and then wait for the sheriff to kick you out. So you have some time until you are forced out, but how are you going to find a place to rent if you have filed for Bankruptcy and tell the next landlord. Talk to the current management and see if you can work out with them a voluntary move out date.... Read More

Since you are a co-owner, the only way she can sell the house is to file a motion for partition and convince a judge he/she should rule it needs to be sold and the profits, if any, split. ?If she now finds a buyer, the title report will have you on title and a sale will not go through. ?If you have the agreement in writing, you can enforce it in court, but if it was just verbal, it will be her word against yours and you have the burden of proof.... Read More

The landlord must, within 21 days of the tenant delivering opssesion, return to the tenant: (1) an itemized statement of deductions, (2) with receipts, and (3) the remainder of the deposit.  If the landlord does not do that within 21 days, then the landlord loses the ability to any deduction and must return the entire deposit to the tenant.  The tenant can recover the security deposit, plus two times the security deposit as punitive damages for wrongfully withholding the security deposit.... Read More

The landlord is not required to change the carpet for every new tenant. That would be very expensive and your rent would be much higher. They do however have to provide a peaceful enjoyment of the premises and one free of insects. Demand management fumigate the unit and/or that you are moved to a different, flea free, unit.... Read More