Skip to main content
Yousef Monadjemi
Avvo
Pro

Yousef Monadjemi’s Answers

241 total


  • What should I do for an unlawful eviction?

    My daughter and I moved into this place last month. I've been cleaning it and being quiet and very respectful. The landlord has accused me of not being clean. I offered to reclean and she said no. She has given me a written 30 day eviction notice....

    Yousef’s Answer

    It seems the this is a subtenant situation, which means you are renting from the existing tenant. This is typically ok. However, It is hard to answer your question not knowing more facts about your case. Is there a written lease . . . Feel free to contact me to discuss.

    See question 
  • How do I stop an eviction?

    My landlord has filed an unlawful detainer to evict me from my apartment and I need to know what I can do to stop the eviction. I also need to know if a filed bankrupcy will stop or delay an eviction.

    Yousef’s Answer

    Yes, there are many ways to contest an unlawful detainer matter. Nothing will indefinitely stop the eviction but you can use the legal options provided you to delay. If you have any further questions please feel free to contact my office.

    See question 
  • I received in the mail addressed to my landlord a bunch of notices of foreclosure on the unit im renting..

    I paid 1st, last and big deposit moving in. 4months later I came home and found posted on door to my building a notice my unit was getting sold @ auction july 9th, 2012 . IT stated there were 36k in past assessments (HOA?) due on the place. In ...

    Yousef’s Answer

    This is a very tricky situation. If he is the owner, he can demand rent and start eviction action if the rent is not paid in the 3 day period. I strongly suggest you retain counsel to assist you with this matter. My office is located in Encino and my telephone number is 818.386.9536. Let me know if we can help.

    See question 
  • Landlord is delinquent in HOA dues, HOA is asking us for rent

    We've been renting an apartment in California (emeryville) for the past few years. We were just notified by the HOA that because our landlord has been delinquent in his dues, we are now required to make our rent payments directly to the HOA. T...

    Yousef’s Answer

    As stated by my colleagues, your rent should be paid directly to your landlord. The HOA is hoping to scare you into paying them directly which could cause you to be ultimately evicted. If the landlord does not receive the monthly rent, he will be able to proceed with an unlawful detainer action.

    You should discuss this situation with your landlord.

    Good luck.

    See question 
  • Landlord removed and "locked away for safekeeping" a privately owned soda and candy machine.

    This is a semi-public access building and my club has had the machine there for at least 15 years. When we discovered the theft and called him to report it we also said we would fill out a police theft report. He said to not do that because it was...

    Yousef’s Answer

    From the facts you provided, it is unclear what type of building, "my club" you are speaking of. I cannot see why the landlord cannot remove equipment that he either owns or has leased.

    See question 
  • How can I get a copy of a tenant estoppel certificate?

    The new property management for my building claim that because I moved into my apartment under an oral lease, I am not protected by the SF rent ordinance and therefore, they can raise my rent to whatever they want. It's true that I never signed a...

    Yousef’s Answer

    As stated my Mr. Chen, you should contact a local landlord-tenant attorney to discuss your case. In Los Angeles County, rent control restrictions apply to tenancies that began on written and oral leases.

    Good luck.

    See question 
  • Can I evict bipolar tenant for threatening behavior?

    I have a bipolar renter who goes off on me several times a week. He gets in my face and starts yelling and acting violent. He's broken into my room out of control. The police said there's no crime breaking into my room, because he lives here to...

    Yousef’s Answer

    Are you the owner of the property and renting rooms in your home? If so, the problem tenant could be classified as a lodger.

    A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house. Most lodgers have the same rights as tenants.
    However, in the case of a single lodger in a house where there are no other lodgers and the owner of the property also resides there, the owner can evict the lodge without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner’s house and may be removed as a trespasser.

    This would be the quickest method of removing the tenant. If not you will have to go through formal unlawful detainer proceedings.

    To be safe, you should serve the tenant with a 30 day notice to quit, if the tenant has been living there for less than a year. Often times the tenants don't leave when they say and you will have wasted 30 days.

    See question 
  • Is this legal if the tennant is disabled.

    If you are a tennant in an apt bldg where someone the owner hired to do repairs started a fire that caused you to be displaced for over 30 days, during which the owner "applied the remainder or your rent for the mth in which the fire occurred " to...

    Yousef’s Answer

    I am a little confused by your question. What portion of your hotel expense did your landlord cover? Did he collect rent from you?

    See question 
  • Can my landlord still get full months rent?

    We were planning on moving out a.s.a.p. My Landlord offered us a bigger property due to our growing family, he had raised the rent twice when he found out i had 2 more children.. We found a place, and moved out by the begining of Feb 13th,2012. He...

    Yousef’s Answer

    As stated in the previous responses, your security deposit can be used for unpaid rent and for repairs to the property for damage aside from normal wear and tear.

    If you did not provide a 30 day notice of intent to vacate, then the landlord would be out that month's rent.

    If you feel that any part of your security deposit was improperly withheld you can take your landlord to small claims court.

    See question 
  • Landlord cant provide me with relocation fees, what happens now?

    I'm living in a substandard home declared by the city. LL gave me notice to move to comply to their order, but he can't pay relocation fees because he has no money. He showed me his bank statement and it clearly shows he does not not have any mon...

    Yousef’s Answer

    As stated by Mr. Chen, you should file a complaint with the Housing Dept. They will be able to pursue your claims for you in terms of relocation assistance.

    See question