I found Landlord's property on MLS. Before I moved in his son trashed the place in protest in having to move out. Landlord accused me of destroying it and told me they wouldn't fix anything. He said I could move out and forfeit my 2 months of depo...
That's not really "constructive eviction." You moved in with the place in that condition, so the landlord's failure to repair is simply a breach of contract or, depending on what was destroyed, a breach of the implied warranty of habitability. In both of these cases, notice that it's the LANDLORD who did something wrong, not the listing agent, who had nothing to do with it. You can sue the landlord for breach of contract.See question
If the new owner says I do not reside in the property but have been living there for 7 months, other than rent receipts how can I record mt status as a renter?
Rent receipts are the best way to prove you are a renter. The other best way, as another attorney mentioned, is to have utility bills in your name.
I question why the landlord is challenging this--I would advise you to stop talking to the landlord. He likely knows you are his tenant but has some interest in proving you are not. Any communication from you might help him if you say the wrong thing.See question
I receive a 60 day notice I called the manager and the owner tell her what was the reason she said there is no reason I just need the apartment back I told it has to have everything she said no I just need to put them back my last day is December ...
You are in a non-rent-stabilized city. You can be evicted on 60 days' notice for no cause, like most tenants in the State of California. If you do not leave on time, your landlord will begin eviction proceedings. Do the best you can to find a place to go.See question
I rent out a room and live in the same house as the landlord. If I pay my full rent (utilities included) and the landlord doesn't pay the water bill, can I legally deduct price by day of the water being shut off? Example: water off for 7 days, ren...
You can't live in a place without running water. Call the County Health Department and tell them your landlord turned off the water, and they will order him to turn it back on.See question
I am confused about the difference between a ease and a month to month which automatically renews. I was told if rent is accepted while a tenant is on a month to month in a rent control city then they do no have to sign a annual lease? Is this so?
Not really. If the tenants ever signed a lease, they can be asked to sign a new lease. However, the tenants cannot be asked to sign a lease that materially differs from the prior lease--in other words, the terms have to be the same (except for allowable rent increases).See question
Mr.signed a lease for a 1BR apt in 1984 (specifically stating no other occupants/no children) in a 24 unit bldg. Building has changed ownership at least once. Current day, Adult (mid to late 40s) son has been living in said apt with Mrs. Apparentl...
I have a feeling your rental property is rent-stabilized--otherwise you could evict anyone on a 60-day notice.
Generally, in rent-stabilized ("RSO") tenancies, it really doesn't matter too much what it say about the other occupants. If the tenant has been living there regularly, they are a tenant as defined by the Ordinance because they are someone "entitled to the use and occupancy of the premises." You could not have prevented the husband from marrying and living with his wife in the unit, so forget the fact that the wife is not on the lease. She's entitled to be there and entitled to remain there. If son has been living there for any appreciable amount of time, son is also a person "entitled to the use and occupancy of the premises" and so he too is a tenant under the (Los Angeles) law.
Finally, there is no "check fraud" going on--you're getting paid--and "check fraud" is not grounds for eviction under the Rent Stabilization Ordinance.See question
Im the owner of a foreclosure property after a painful battle due to a bad lawyer we agree and sign a ud stipulation and judgement but now they are telling ne they are not going to move out on the agreed date ehat can i do to speed the process
It depends on what the UD Stipulation and Judgment says. Does it say that a writ of possession is to issue immediately, but no final lock-out before x date? If so, you can get the writ of possession now, and the Sheriff get ready to execute on it. If it says that a Judgment will issue only when someone defaults in doing something, then you have to go back to the Court to get a Judgment.
I have a feeling you are no longer represented by counsel, however, and that you did not write this protection for yourself into the Stipulation and Judgment. That's the problem with not being represented by an attorney.See question
new landlord demolished attach back unit to my rental home while i was in it. changed status with RSO from duplex to single. Judge ruled in trial that my lease be forfeited and rite of possession against all unnamed occ. Stated lock out date..No e...
Unfortunately, your question shows why tenants served with an eviction lawsuit MUST HIRE A LAWYER to defend the case, particularly when the case involves complicated questions dealing with municipal law, as your case clearly does. In Los Angeles, there are plenty of resources for tenants faced with eviction, but many try to represent themselves, to their detriment.
Now to the answer: A Judge has no obligation to issue a statement of decision in a bench trial (non-jury trial) that lasts less than 8 hours. If the tenant loses an unlawful detainer case, the lease is forfeited. The Judge does not have to explain his reasoning, although I can guess his reasoning: He might be thinking that once the attached back unit was destroyed, your unit became a single family unit. A single family unit in Los Angeles is not protected by the Los Angeles Rent Stabilization Ordinance (the "RSO"), and a tenant of a single family unit can be evicted on 60 days' notice for no cause. Although I disagree that a landlord should be able to evade the RSO and destroy your rights under the RSO by destroying one of the units that gives YOUR unit RSO status, unfortunately, I am in the minority on this point, which has never been addressed by the California Court of Appeal. Most Judges simply look at the unit as it current exists, not as it was rented, and decide SFR=No RSO.
One a lease is forfeited, and the landlord obtains a judgment for possession, the landlord has to obtain a writ of possession and take it to the Sheriff's Department, so the Sheriff can execute the writ--that means, kick you out. This usually takes about 2 weeks (currently) in Los Angeles. Before the Sheriff comes to your house to lock you out, he will post a 5-day notice to vacate, so you will have a final 5 days' warning before the lock-out date.
Good luck.See question
(early apologies if this has been asked already) On 11/2, my stepdad and landlord got into an altercation regarding parking in our apartment complex, and it ended with our landlord telling my stepdad that she wanted us (family) moved out by the...
The landlord can't give you and illegal notice to move and then say, "well, because my notice was illegal, you have to stay." You have a right to rely on the previous landlord telling you to move out by the end of November.
P.S. This is why it's good to put everything in writing. Write an email to the landlord saying that "you told us to get out by the end of November, and that's why we're moving out now." Maybe they will write back and confirm that they said that--but don't ask for confirmation; just see what they say about what they said.See question
In my neighborhood there is a narrow strip of land called a parking strip that lies between the curb and sidewalk. This strip beings to the city. The rental next door to my house is a tiny 2 bedroom 1 bath rental. The land lord turned the la...
Wow. This is an annoying problem and an expensive one to fix if you can't get the City to take action. Assuming the City is too busy to enforce it's own rules, you can file a lawsuit against the property owner next door for trespass and nuisance, and as the Court to enjoin (stop or prohibit) the parking of cars on the lawn. Then if it continues, someone could be charged with contempt of court. But this is all very expensive. It would probably be cheaper to put an electric gate up at the start of your driveway to prevent the neighbors from using it.See question