Avraham Sinai’s Answers

Avraham Sinai

Santa Monica Landlord / Tenant Lawyer.

Contributor Level 5
  1. Can Apartment Complex security guard demand us to open our unit apartment door without a warrant?

    Answered 5 days ago.

    1. Avraham Sinai
    2. Oladeji Oluyomi Bolaji
    2 lawyer answers

    Hello! The warrant requirement comes from the 4th amendment of the U.S. Constitution and applies to the government alone, not to individual people. You may have a civil cause of action, but there is no warrant requirement for the landlord to enter the unit. Landlords and their representatives in California can enter your unit with proper notice before hand. There are some exceptions to this rule, like in an emergency. Hope this helps

    2 lawyers agreed with this answer

  2. A broken tenant-landlord contract. Seeking representation

    Answered 7 days ago.

    1. Michael O Stevens
    2. Avraham Sinai
    3. Donald Paul Fitzgerald
    3 lawyer answers

    Some of what happened to you will be related to the rental agreement that you mention, and some are unrelated issues, like the spill in the garage or the harassment. Regardless of the content of you rental contract, under California law your landlord owes all tenants a duty of habitability and quiet enjoyment (CA Civil Code 1941) - that means that the landlord is required to provide all residential tenant with basic necessities like water and heat. It also means that landlords cannot harass...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Is there a limit n the number of pages in an ex parte filing?

    Answered about 8 hours ago.

    1. Frank Wei-Hong Chen
    2. Avraham Sinai
    3. Abraham P Mathew
    4. Josh P Tolin
    4 lawyer answers

    Check the local rules, or better yet, call the clerk in the department you are filing the ex parte to check. If you are filing it tomorrow, check with the clerk first thing in the morning to see if the judge has any limit.

    1 lawyer agreed with this answer

  4. Can a landlord evict one of three tenants in CA? It is a month to month agreement.

    Answered about 9 hours ago.

    1. Avraham Sinai
    2. Nicholas Basil Spirtos
    2 lawyer answers

    Have you all signed the lease agreement? The answer really depends on the lease agreement and who signed it. The landlord is able to evict the people who broke the lease, but not obligated to evict all tenants.

    1 lawyer agreed with this answer

  5. Is between real estate agents email can be considered a contract?

    Answered about 9 hours ago.

    1. Avraham Sinai
    2. Nicholas Basil Spirtos
    2 lawyer answers

    California Civil Code section 1624(4) states which contracts in California HAVE to be in writing in order to be a valid agreement: " (4) An agreement authorizing or employing an agent, broker, or any other person to purchase or sell real estate, or to lease real estate for a longer period than one year, or to procure, introduce, or find a purchaser or seller of real estate or a lessee or lessor of real estate where the lease is for a longer period than one year, for compensation or a...

    1 lawyer agreed with this answer

  6. Don't have mailbox for rental unit

    Answered 6 days ago.

    1. Avraham Sinai
    1 lawyer answer

    You are correct, section 9 of civil code 1941 requires a locked mailbox. It is one of the required living conditions under the landlords duty of habitability. It is usually the landlord's duty to remediate habitability matter, unless agreed otherwise between the parties. Your course of action depends on the set of facts of your case. You should contact an attorney or a self help center in order to proceed in a way that will best benefit you. In any case, it's never a bad idea to remind the...

    1 lawyer agreed with this answer

  7. Landlord-Tenant Squatter's Right issue

    Answered 6 days ago.

    1. Manisha K. Bajaj
    2. Avraham Sinai
    3. Lawrence Hindin Geller
    3 lawyer answers

    'Squatting' or trespassing can be a civil or criminal matter. As a property owner, you have the right to prevent others from illegally entering your unit. However, it is possible to gain some rights in California as a 'squatter.' The legal term is 'Adverse Possession,' but it only comes into play after several years. Check if your city has any specific squatter laws, or consult with an attorney to help you.

    1 lawyer agreed with this answer

  8. My townhouse is infested of bed bugs, for more than a year. what can i do?  Chatsworth, CA | on Apr 2

    Answered 6 days ago.

    1. Avraham Sinai
    2. Brad S Kane
    2 lawyer answers

    Sounds like you need to contact attorneys that will call you back. Landlords have a duty to maintain all living areas in a habitable condition. Bed bug issues are pretty common, you just need to find an attorney willing to answer your questions and help you

    1 lawyer agreed with this answer

  9. Can I be evicted by a landlord that I have not signed a lease with yet?

    Answered 6 days ago.

    1. Avraham Sinai
    2. Eric W. Ching
    2 lawyer answers

    You don't need to sign a lease agreement with the new owner, the lease you signed with the previous owner is still binding on both of you. Month-to-month residential tenancies in California can be terminated with a proper 60-day written notice. If you live under a rent control ordinance, you may only be evicted for cause. Talking to landlord and documenting the communication via email can help you in any possible future disputes.

    1 lawyer agreed with this answer

  10. How does a landlord proceed under abandonment if a tenant pays rent but has clearly abandoned the house?

    Answered 7 days ago.

    1. Avraham Sinai
    1 lawyer answer

    Tenant abandonment in California is defined by section 1951.3 of the Civil Code. Section (b) of the statute specifically says that landlords can only serve a notice of abandonment if the tenant has not paid rent on 14 consecutive days. In addition, landlords need to have a reasonable belief that the unit is currently abandoned. Note that improper use of tenant abandonment in California can subject the landlord to monetary liability, so consult with a landlord attorney on how to proceed....

    1 lawyer agreed with this answer