California Landlord And Tenant Legal Questions

If the landlord was negligent in allowing a puddle to exist and that in fact caused your fall, sure you can sue. But if the bathroom ceiling was were it was leaking and that area was fixed, water in an area outside the bathroom may be an entirely different matter. It it was a different leak, the landlord might not be negligent, especially if there was flooding. You do not provide enough facts for anyone to determine if the landlord was negligent.... Read Answer

Sure, you can give someone the power to sign your name [that is what a power of attorney is], especially when it commits you to some duty. What harm is there in her signing. If you agreed to rent the entire house and the daughter lives there, then the owner has broken the lease and you might be entitled to recover some of the rent paid because you got less than you bargained for. But those are two different issues.... Read Answer

If you actually have a 1 year lease agreement (as opposed to a month to month tenancy), then your rent usually may not be increased prior to the end of the lease term of 1 year, UNLESS the lease itself provides otherwise. You need to carefully review your lease terms and/or have an experienced attorney review it for you. Also check the timing of the 60 day notice. Would the new rent specified in the Notice begin after the end of your 1 year lease? If so, the Landlord may be trying to insure that if you remain on the premises as a hold over tenant, that you will begin paying a higher rent. If you truly have a 1 year term and the lease contains no provisions for a rent increase, then the landlord may not raise the rent during the term of the 1 year lease.... Read Answer

Unfortunately, if your name remained on the lease after you moved out, the mere fact that you moved doesn't relieve you from liability under the lease. This is one of the perils of being a co-tenant. If the fees were to remedy damages caused by your ex-roommate, then you might be able to recover the fees from him/her, but it won?t change the fact that you are still responsible to the landlord. You should have an experienced attorney review your lease and the notices you've received from the landlord to be sure, but from your very brief description, it sounds like you are still on the hook to the landlord.... Read Answer

The first step is just tell her she must leave, why, and how long she has to do it. You do not say how far she had to move to come to your place. ?If she claims she has rights as a tenant, they you may have to serve her with a three day and 30 day notice and then file suit in court to evict her.... Read Answer

You provide no information as to what is wrong with your unit and only one comment as to how your landlord behaves. We can not help you without having facts to look at. If you make a complaint to the local government as to health or safety, there is a presumption [for 6 months] that the landlord is illegal acting if he tries to remove you as a tenant.... Read Answer

Why was the answer no? You are entitled to cut off any part that encroaches upon your property, as long as it does not endanger the health of the rest of the tree. You can threaten to do so, but the manager will likely call your bluff by daring you do so. In California, you could sue in superior court to have an order to cut down the trees and fix the common wall, but that would be expensive, but may be your only choice.... Read Answer

Yes, you have an absolute right to force the sale if your brother refuses to either buy your out or sell. It's called an action for Partition. You need to consult with an experienced attorney about this. Often, a well worded letter to your brother from an attorney will awaken him to the possible adverse consequences of his continued stubbornness in this circumstance.... Read Answer

Probably not. Unless the personal injury claim is very closely related to the reason for the unlawful detainer, the suits involve entirely different matters and a judge would assume you are filing merely to delay the unlawful detainer action, which is supposed to be heard quickly. The personal injury claim would require several months before it would be ready to be heard, during which time you likely would not be paying any rent. The judge has the power to bifurcate [separate] the two issues and set one for trial and delay the other. Do you really have a valid claim or is this just to delay being evicted? Even if you won on the personal injury claim, that would have nothing to do with whether you should be evicted or not.... Read Answer