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Roland Tiemann’s Answers

287 total


  • What are the LL/tenant laws for a townhouse in Moraga, CA?

    I moved in to a Moraga townhouse about 10 months ago. I signed a yr lease that converts to month to month. Can the landlord evict me after the end of the lease without a cause. I have always paid my rent on time. If he tries to evict me, what are ...

    Roland’s Answer

    Check out this link to the Dept of Consumer Affairs Website which provides this free book on L/T rights in CA.

    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

    See question 
  • Tenant's rights in CA when landlord is in forclosure

    Our landlord works through a property management company. We just received a 90-day notice of foreclosure addressed to tenant/occupant. We still have 6 months on our lease. The property management co. says I do not need to pay Sept rent and the...

    Roland’s Answer

    Check out this link to the Dept of Consumer Affairs Website which provides this free book on L/T rights in CA.

    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

    See question 
  • If I move out before the day rent is due, without a giving a 30 day, can they keep my deposit and my property, then lock me out.

    My friend rents a fifth wheel in the country on the landlords property. I have stayed there in weekends and was not told it was a problem. The landlord told my friend that she is raising the rent $100.00. It was 8 days before the rent was due. H...

    Roland’s Answer

    Check out this link to the Dept of Consumer Affairs Website which provides this free book on L/T rights in CA.

    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

    See question 
  • Threats

    can a landlord threaten to raise rent and keep deposit if the tenant starts packing but has not given landlord notice to end tenancy yet

    Roland’s Answer

    Check our this link regarding your tenant rights

    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

    How often can rent be raised?
    If you have a lease for more than 30 days, your rent cannot be increased during the term of the lease, unless the lease allows rent increases.
    If you have a periodic rental agreement, your landlord can increase your rent, but the landlord must give you proper advance notice in writing. the written notice tells you how much the increased rent is and when the increase goes into effect.
    California law guarantees you at least 30 days’ advance written notice of a rent increase if you have a month-to-month (or shorter) periodic rental agreement.
    Under the law, your landlord must give you at least 30 days’ advance notice if the rent increase is 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect. Your landlord must give you at least 60 days Advance notice if the rent increase is greater than 10 percent. In order to calculate the percentage of the rent increase, you need to know the lowest rent that your landlord charged you during the preceding 12 months, and the total of the new increase and all other increases during that period.

    Influencing the Tenant to Move
    California law protects a tenant from retaliation by the landlord because the tenant has lawfully exercised a tenant right. California law also makes it unlawful for a landlord to attempt to influence a tenant to move by doing any of the following:
    Engaging in conduct that constitutes theft or extortion, Using threats, force, or menacing conduct that interferes with the tenant’s quiet enjoyment of the rental unit. (the conduct must be of a nature that would create the fear of harm in a reasonable person.)
    Committing a significant and intentional violation of the rules limiting the landlord’s right to enter the rental unit.

    A landlord does not violate the law by giving a tenant a warning notice, in good faith, that the tenant’s or a guest’s conduct may violate the lease, rental agreement, rules or laws. the notice may be oral or in writing. the law also allows a landlord to give a tenant an oral or written explanation of the lease, rental agreement, rules or laws in the normal course of business. If a landlord engages in unlawful behavior as described above, the tenant may sue the landlord in small claims court.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

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  • Is out Land Lord obligated to rid our apartment of Termites if we just moved in 3 months ago? How long does he have to fix?

    We moved into a one bedroom apartment 3 months ago and yesterday came home to find hundreds of termites on our window sill trying to escape out our closed window we killed the ones that were there but are now worried about the termites and health ...

    Roland’s Answer

    Go to this link regarding your rights as a tenant in CA. The free publication is written by the CA Dept of Consumer Affairs.

    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

    Here are some excerpts

    Landlord’s responsibility for repairs

    Before renting a rental unit to a tenant, a landlord must make the unit fit to live in, or habitable. Additionally, while the unit is being rented, the landlord must repair problems that make the rental unit unfit to live in, or uninhabitable. The landlord has this duty to repair because of a California supreme Court case, called Green v. superior Court, which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the “implied warranty of habitability,” the landlord is legally responsible for repairing conditions that seriously affect the rental unit’s habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. The landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant’s family, guests, or pets. Generally, the landlord also must do maintenance work which is necessary to keep the rental unit livable.

    Conditions that make a rental unit legally uninhabitable

    There are many kinds of defects that could make a rental unit unlivable. the implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the “occupation of human beings.” in addition, the rental unit must “substantially comply” with building and housing code standards that materially affect tenants’ health and safety. A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

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  • Received Civil Demand, didn't pay, now there are calls

    Basically what the title says. I received my second call from [department store] and am getting worried. I did not pay my civil demand because I was convinced not to after reading from this site. However, since the second call, I've been feeling v...

    Roland’s Answer

    You only have two choices. You pay or you don't pay. If you pay, you hope that is the end of it. If you don't pay, expect to get threatening call and letters. In most cases the threatening calls and letters will stop eventually when they figure out you are not going to pay them. For them to go after you, you actually need to have something to take. To go after you they are going to need to personally serve you a lawsuit summons which states that they are going to sue you in court for the money. If they do this, then things are serious. To collect from you forcefully they are going to need a court judgment and the only way they can get one is to sue you. Until they sue you there is not much they can do to you except harass you and threaten you. If it becomes to aggressive they may be violating the law.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

    See question 
  • My car has been stolen from my house for the last 2 times

    my car was stolen from my apt for the last 2 times

    Roland’s Answer

    Not enough information to determine who you want to sue.

    See question 
  • Can I sue my brother or something like that?

    I recieved $5,000. He said he needed to use $500 for rent or he would be evicted. He then changed it to $3,000 after he asked how much total I had. I talked to a banker about it. My brother said he would pay me back within two weeks. It's been 2 m...

    Roland’s Answer

    Yes, you can sue your brother in small claims court. See the following link about suing someone in small claims court.

    http://www.dca.ca.gov/publications/small_claims/basic_info.shtml#what

    What Is Small Claims Court?

    Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed. The person who files the claim is called the plaintiff. The person against whom the claim is filed against is called the defendant. They are also called claimants or parties.

    In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $7,500. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.

    The fee for filing in small claims court depends on the amount of the claim: 30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000. However, if a plaintiff has filed more than 12 small claims in California within the previous 12 months, the filing fee for each subsequent case is $100. The filing fee is paid by the plaintiff to the clerk of the small claims court.

    Small claims courts can order a defendant to do something, as long as a claim for money is also part of the lawsuit. If you are suing to get back the lawn mower you loaned to a neighbor, for instance, the court can order the return of the mower, or payment for the mower if it is not returned.

    Examples of disputes that might be resolved in small claims court are:

    * You lent money to a friend, and he or she refuses to re-pay it.

    In most small claims courts, cases are heard within 30-40 days after filing the plaintiff's claim, but they are never set for earlier than 20 days or more than 70 days after the claim is filed. Most cases are heard on weekdays, but some courts also schedule evening and Saturday sessions.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

    See question 
  • 3rd DUI mandatory jail time

    I am doing a 1 yr DUI program for the DUI Court in Fullerton. IS there any way or any case I can review to try to get out of the Mandatory 4 month jai time that is required. The current program I am doing requires a curfew, mandatory 3 times a wee...

    Roland’s Answer

    It sounds like you went through a dui court program. Did you agree to do the fourth months as part of your plea agreement. If so, you may try to ask the court to modify your sentence. But it is unlikely since it is a mandatory sentence. The benefit to you is that the allow you to do the time with house arrest instead of in jail.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

    See question 
  • Got into a fender bender two days after i finished my first offender prgm., i was going to the bathroom at a bar, am in trouble.

    my license was restricted at the time. can the dmv/court say i was violating my restriction by not going straight from work. and how soon after completing the first offender prgm. do i get my license back.

    Roland’s Answer

    First, the only way the dmv or court is going to know if you were violating your restriction is if a police officer cited you for driving on a suspended license. If you were not cited, then it's not likely that anyone will know you were driving out of your restriction.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

    See question