California Landlord And Tenant Legal Questions

If you were not paying rent, or should have been but just didn't do it, or he did not make an oral agreement/contract with you as to how long you could stay there, yes he can kick you out. ?You were a friend with benefits who happened to live with him. That is why women must get more than "I love you" from their significant other. The guy can just drop you. You are entitled to a reasonable method to get your things back; if he unreasonably prevents you from getting them, you could sue him for conversion.... Read Answer

Air-conditioning is not covered by the warranty of habitability. Therefore, even assuming that there was no rent default, the eviction would not be subject to a retaliation defense. However, because your obligation to pay rent is conditioned on the landlords performance of its lease obligations, you may have a defense, if there is a very unusual provision in the lease requiring the landlord to provide air conditioning.... Read Answer

Your question is somewhat unclear. If the wife signed the contract as a renter, she is still liable as a renter even if she moves out from the rented premises. That is an issue between the husband and wife but the landlord has no control or say over the matter so is not effected as to his rights by one tenant leaving.... Read Answer

You should file a complaint seeking specific performance of your verbal purchase option agreement, and in the alternative, seeking to impose a constructive trust on the property you invested in as a tenant. When you file that lawsuit, you will also need to file a motion to consolidate your new action with the pending eviction action.... Read Answer

I am confused by what you state. It appears they are correctly saying you have to pay for the 1.5 months you ended the lease early [but they have a duty to take reasonable steps to mitigate their damages by trying to rent the unit out as quickly as possible, which many judges consider to be one month. Whether you owe anything for damages beyond normal wear and tear depends upon whether there was any such damage and they should give you the details of what they claim was damaged.... Read Answer

If you mean a three or thirty day notice to vacate, it must be personally served on you or after several unsuccessful attempts by giving it to someone reasonably likely to past it on to you or posting on the building and mailing a copy to you. That does not have to be done by the sheriff, but it can not be done by any party to the potential lawsuit. So it would seem there was no valid service. Contact his attorney and tell him that and that there was an oral agreement that he would not evict you and thus a notice to vacate would be improper. ?Point out you plan to leave but are still looking for a place to go to.... Read Answer

You do not say which community you are in so i have no idea as to what your local rent control rules state. Normally, a new owner is bound by all the terms of the old lease until the lease term has run out and 30 days notice has been given before than as to the new terms, which you can accept or vacate. If the rent control laws say nothing about how rent can be paid, then the owner might be able to demand any reasonable fashion. Contact the low rent control board and then your landlord to see if something can be worked out.... Read Answer

Only the District attorney can prosecute someone, and he/she is not likely to do it for this type of trespass, but you can sue in Small Claims Court for trespass and the resulting emotional distress. Tell the owner of the house first what you plan to do and then tell the neighbors you will do so if they do it again. Take pictures and keep notes.... Read Answer

First, on line, check the court file to see when your answer was filed; if it was not, go to court to look at the file to see why it was not. You must immediately contact the attorneys for the landlord and ask why they requested a default when you had filed an answer [the court clerk will not grant it if a proper answer was filed]. If you have a legitimate basis to request the trial not be scheduled during certain dates, file a Response with the Court and tell it why the case should not be set for those dates. See if you can get the other side to agree to a trial date so they can send a stipulation to the court as to that date(s).... Read Answer

If your lease has a provision as to how often guests or others can be there, then you may have clearly breached the contract. Even if the lease does not mention that, their being there so much obviously puts more ware and tear on the rugs, floors, etc. than if there was just one occupant. If you told the landlord you would be the only one living there, you would be in violation of the lease.... Read Answer

Not going to happen. That's what trials are for. To prove or disprove the allegations in the complaint and/or answer. Your defendant is going to have to prove the affirmative defenses in his answer, just as you are going to have to prove the allegations in your complaint. Like I said, that's what trials are for.... Read Answer

No, she owns a share equal to you so you have no more control over who is invited to stay there than you do. So you have to convince her that keeping your marriage together is more important than providing a home for her brother who probably pays no rent and may not work. She is just encouraging him to be dependent on her and that is not good for either of them.... Read Answer

You do not tell us what the rental relationship is. If he is renting from you you can give him a 30 day notice and then sue for eviction if he does not move. You might also be able to give a three day notice for the trespass and theft of the zip drive, but that would be hard to prove. If you both are under the main/master lease, you have no power to evict him. What he told you sound false; you do not lose data while the computer is on and if you save it even when the computer is turned off. It probably is not worth the cost of having any expert find out if he downloaded anything, but why not ask him to see what his files are for the dates he had the zip drive.... Read Answer

By law, you must give a thirty day notice and the landlord does not have to tell you what the law is. Obviously you know that some notice should be given and you should have asked the landlord what that time period was. The landlord is entitled to keep all the rent paid for that 30 day period of time.... Read Answer

If you were not residing there I do not see why any notice has to be given to you. You were merely "insuring" the payment of the rent. Your daughter should have informed you. Whether the lease was being terminating or not had no effect on you; you did not have to move and find another place to live so you did not need any notice. Also, what damages did you suffer; you actually gained because now you are not liable to pay the rent.... Read Answer

If your agreement was that you could rent on a daily or similar basis, the rent should be prorated. ?If you would have been able to remedy the defects he later mentioned and they were visible during the walk through, try to reach a compromise with him, but he should have allowed you to try to fix the problems.... Read Answer