California Landlord And Tenant Legal Questions

It is a clear invasion of privacy as the area is not easily seen by someone passing by and you have an expectation of privacy, especially since you are a woman and there are web sites that post pictures of women not fully dressed. Talk to her as to why she set up the camera and why she did not tell you, that she must immediately remove it and show you it has been disposed of so she can not use it again, she has to turn over to you all photos, video from the camera, ask who she distributed any images to, etc. if she refuses to fully co-operate, report her to the dean for students and demand she be moved out of your room.... Read More

If you are on a lease, neither side can change any of the terms without the approval of the other side during the time that lease is in effect. ?But if 30 days before the end of lease [60 days if you have lived there one year or more], the landlord gives you written notice that he wants to change the upcoming lease, he can do so. At the end of the lease period, leases automatically renew every month with the same terms of the prior lease unless 30 [60] days before the expiration notice is given of the terms of a new lease agreement.... Read More

I presume you are a member of an HOA, as otherwise you would probably have direct access to the camera. Go to the manager of the HOA and state why need the footage and the refusal of the security firm to produce it, but do not accuse the owner of being involved in the crime. Point out the HOA should not be paying a company that refuses to co-operate with a reasonable request from a homeowner. You might want to tell the security agency you are going to do so.... Read More

If one of the reasons tenants rented at that location was the washing machines, then a claim can be made that the monthly rent be reduced because of the lack of the machines. Point out to the landlord that the guilty parties have left and he is losing some revenue and might lose some current tenants because of his attitude.... Read More

The landlord does not know the law. A tenant never has to give more than 30 days notice. If the person has been there for a year or more, the landlord must give a 60 day notice, but the tenant still has to give only 30 days. ?Point out that the landlord has only 21 days to return the security deposit. Before you tell the landlord his error, get him to commit himself that the only reason for withholding the funds is lack of notice, as otherwise he will come up with a different reason. If it has been close to 21 days, wait until that time has passed so that he can not raise another issue... Read More

If your sister does not have any life estate interest and does not pay any rent, she has no right to live there while you are alive. Tell her in an e-mail or letter what in her behavior is very upsetting and detrimental to your son and you, and that she has to leave [state a reasonable time period] as she has no legal right to remain there. She is a guest and can be told to leave at any time, but is entitled to remove her possessions. Since the police probably will not help you evict her, and there is some disagreement by attorneys as to whether you can just kick her out, demand she pay rent and then give her a three notice for failure to pay rent. You can then get a judgment against her that she has to move and the sheriff's office will enforce that. Before you do the above, if you really believe she will claim elder abuse, write the agencies that handle those claims and tell them what is going on and she may, as revenge, report you. Your son should stop having any contact of any type with her so you both can testify he had no contact during a period she claims abuse.... Read More

To sue anyone you must show they caused the incident or somehow contributed to it and they owed you a duty that it should not occur. If you live in an area with a high rate of vehicle theft, or there was a security system installed that malfunctioned allowing the theft to occur, the owner of the complex might have liability. But if the the only relevant facts are that a crime occurred as to your car several months before, there would not appear to be any liability. As a practical matter, if owners of property were liable for improper acts occurring on their property, they would all be forced out of business.... Read More

In California, after giving the landlord a reasonable period of time to repair a defect, a tenant can deduct up to one month's rent they actually spend to repair a defect. So certainly you can do so, but is it worth while to actually spend your own money [which you get back from a reduction of the rental payment] when you are not going to live there more than 3 months? I would go to the owner and point out what happened [tell him about getting sick but say you do not know the cause so you do not appear greedy] and demand that within one week he has a licensed contractor there to start repairs and finish within a reasonable period of time. If you feel the problem is a safety hazard, tell the owner that you consider it such and that he has breached the contract for providing a safe place to live and his behavior has resulted in a "constructive eviction" of you so the term of time to end the lease has ended and you will have to report the problem to the local appropriate agency [do not make it sound like you want him to pay you not to report it, as that might be considered blackmail]. Start looking now for a new place to rent, but be aware that a new landlord will want to know why you left your prior rental and will not want a tenant who might cause problems in the future. Your current landlord also will probably try to hold back on your security deposit. The best thing is to approach your current landlord in a non-accusatory, polite manner and try to work out a deal that he will give you a good reference [many landlords do not check with the prior landlord], let you leave as soon as you want after at least a week or two notice, and will return your entire security deposit and reduce your current rent because you can not use the shower area.... Read More

The new buyer steps into the shoes of the old owner. Until there is a new lease [in a month to month tenancy it automatically renews, but the owner can offer new terms if gives 30 day notice [60 if lived there at least one year], the exact terms of the old one continue to apply, and whatever knowledge of the prior owner and their agents [building manager] had is assumed to be part of what the new owner knows. I do not know anything about assisted living animals, but i assume in California they probably can not be part of any exclusion of pets clause in a lease, so you should be able to keep the one already certified [the company that does the certification will know what your local laws are, as individual cities, especially if they have rent control, may have additional tenant friendly rules]. Ask the manager why the new owner wants the dogs out, considering all the circumstances that exist. Does he just want to add a pet charge, worry about apartment damage, clean up outside your actual unit but on the common grounds, etc. Most insurance companies as to the building owner allow tenant pets except for a few large, very aggressive types.... Read More

You do not provide us with enough information to help. I assume you are not married, but who is on the lease, as if he is the only one and you do not pay any rent then he can legally tell you to leave. What is the agreement as to your living there? Why don't you call the police if he has hit you? On what basis does he threaten to call the police on you? Have you gone to any local social service agency? Why do you stay with him?... Read More

If you do not show up for a court date and made no effort to try to reschedule it, the court will treat it as your just deciding not to appear. A default judgment would be granted and the landlord would go ahead to have you served by the sheriff and evicted. The time period varies with the county. You could call the landlord's attorney and try to work out some type of compromise, but if you did not bother to tell them you could not appear in court why should they believe anything you will tell them?... Read More