Would love to envoke the benefits of the DISC-015 form in a UD case where I am named as a defendant.
You cannot use a Disc-015 form in unlawful detainer cases. These are for limited civil cases that are NOT unlawful detainer cases.See question
I vacated my rental on 3/4/15 and didn't leave the keys. My husband let the landlord know that the keys accidentally got pack and we needed to look for them in storage. She said ok and get them back when you can. We found them and emailed her o...
The 21 days starts from the day you vacate. Once you told the landlord you were gone, the landlord had every right to, and should have, changed the locks.See question
Lease expires on April 4th. Landlord sent us letter on March 21st of notice to vacate. That he would not be renewing the 18 month lease. Move out date is April 25th on notice. Don't i need a 30 day notice from date lease is up?
Nope--the landlord can give you notice 30 days before the lease expires.See question
The tenant was vacated by the City of Long Beach. There were no past due rent and no rent was charged as of the date the unit was deemed uninhabitable by the City Inspector. A rent relocation fee has been sent to the tenant as well as a Notice o...
When you file an unlawful detainer action, you need to swear under penalty of perjury that the tenant is living in your unit. The whole point of an unlawful detainer lawsuit is to regain possession of a dwelling unit that another person is living in. If the tenant "was vacated," as in, the tenant moved out, then, no--you do not need to file an unlawful detainer in court, because the tenant is not unlawfully detaining the property. In fact, if you do this, you could conceivably be sued for malicious prosecution once the tenant finds out you filed the case.See question
I found a studio apartment for rent on craigslist. After submitting all necessary paperwork, I was told that the apartment will be rented to me and paid a deposit and a first month for the last 10 days if the month. Our move in day was march 21st ...
I don't know why it would be discrimination unless the failure to allow you to move in was something to do with your race, gender, or disability, etc.
What you have is a breach of an oral contract, a contract that can be proven by the return of the money of the landlord. You can sue the landlord for all your damages associated with the breach of contract, including the cost of finding replacement housing quickly.See question
We rented our unpermitted unit to our tenant for over 20 years. There was a fire damage to that unit and one of the tenants had a minor injury from that event. We received a letter from their lawyer demanding over 1MM for their injury and emotio...
Landlord, I think you are leaving out some important information. Did the unpermitted nature of the unit have anything to do with the injuries? Did you have the requisite smoke alarm in this unpermitted unit? Were there no kick-out bars on the windows? Turn the matter over to your insurance company and let them assign attorneys to come up with whatever defenses you might have to the demand for compensation.See question
Tenant living in house for almost 6 years.
Landlord, assuming this rental unit is one of two or more units on the same lot, with at least one unit being built in before October 1, 1978, you have 2 masters: (1) The Los Angeles Housing Authority that administers the Second 8 program, AND (2) the Housing and Community Investment Department of Los Angeles (HCIDLA), which administers the City's Rent Stabilization Ordinance. If you take away the tenant's garage space, you will have to lower the tenant's rent in an amount sufficient to compensate the tenant for the loss. Otherwise, you will have illegally raised the tenant's rent. So--don't do it.See question
I am having a problem and need advice? Two years ago a unit apt. above me had a bedbug infestation, and was treated. We were not informed by management either, we know one another and so we knew. However two weeks ago, I began to develop an itchy...
It is absolutely the landlord's responsibility to exterminate the bedbugs. See Civil Code section 1941.1. You are therefore correct that you may deduct the cost of extermination from your rent, but this will probably result in an eviction lawsuit, based on what your landlord is telling you. Therefore, it would be safer to pay the entire rent and sue the landlord in small claims court to recover the cost of the extermination, plus extra money in some reasonable amount for the bedbug bites and the horror of having your apartment invaded by bedbugs.See question
My late fee is reported to be 5% of the monthly rent that is charged after the 4th day of the month if rent is not paid per the agreed lease. Based on the above statutes regardless if both parties have agreed on a lease, if taken in front of a jud...
No illegal contract terms can be enforced by a court. There is no such thing as a "nonrefundable" deposit in the State of California. Also, a 5% charge for a late fee may be a penalty (prohibited) depending on how much your rent is. Generally, I think late charges up to $25 are probably legal, but over that amount probably not, but this is up to a Judge to decide.See question