Christian Guillermo Fierro’s Answers

Christian Guillermo Fierro

Santa Rosa Landlord / Tenant Lawyer.

Contributor Level 5
  1. Under CA landlord tenant laws how much notice is a landlord required to provide before they enter your home

    Answered almost 5 years ago.

    1. Christian Guillermo Fierro
    2. Anna Christina Serrambana
    2 lawyer answers

    CA Civil Code Section 1954 sets for the circumstances under which a landlord may enter a rented residence, and the type of notice required. Section 1954(a) provides that, absent an agreement with the tenant, a landlord’s entry during the tenancy can occur only the following circumstances: emergencies; to show to new tenants, or to prospective purchasers, to make necessary or agreed upon repairs or to provide necessary or agreed upon services; to perform an initial inspection at move-in, to...

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  2. Can I be evicted by the old landlords for breech of contract for paying my rent to the lawyer, when I'm being told I can stay?

    Answered about 2 years ago.

    1. James Michael Slominski
    2. Christian Guillermo Fierro
    3. Nicholas Basil Spirtos
    3 lawyer answers

    This is a tricky situation, it sounds like you are suffering the fallout from a title dispute between your landlord and a third party. Putting your rent in trust, particularly with attorney representation, is a very reasonable way to protect yourself from being actually evicted - although if the parties are uncooperative, you may have to make your argument to a Judge if either landlord brings an unlawful detainer. If you have not already done so, notify both landlords in writing why you are...

    1 lawyer agreed with this answer

  3. Is there help available for a noisy neighbor?

    Answered over 3 years ago.

    1. Christian Guillermo Fierro
    2. Frank Wei-Hong Chen
    2 lawyer answers

    Tough call. Assuming your neighbor is not breaking any HOA rules, your argument will be that this conduct amounts to a nuisance – defined in relevant part, as anything that is offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of your property. See, Civil Code Sections 3479 (nuisance defined) and 3481 (private nuisance). In small claims court you could recover damages up to the statutory limit (generally $7,500) if you are...

    1 person marked this answer as helpful

  4. Tenant Rights @ apartment complex. Health and saftey codes, NEED qucik help children are suffering.

    Answered almost 2 years ago.

    1. Christian Guillermo Fierro
    1 lawyer answer

    Hi: Sorry to hear about your bad experience. It sounds as if the apartments have placed you in a unit that has a pervasive problem which you describe as cat urine odor. Apparently management has not been successful in having the problem resolved by carpet cleaning, it is likely more extensive steps need to be taken including replacement of the carpet and subcarpet, and possibly part of the flooring. The problem is significant for you as tenants not only because it is unpleasant but also...