I recently just moved into a new place and signed a year lease but not even a month in I'm having problems with roaches, the management company has sprayed but there's still an issue. I have a two year old and expressed to them I'm not comfortable...
A landlord has the obligation to ensure habitable premises. However, it is unlikely the landlord will let you out of the lease due to roaches. If the landlord (or management company) does not have the pest control company come back for a second or thrird treatment after a reasonable time period, you might want to consider paying for pest control services yourself and then seek reimbursement from the landlord/management company.
For more information regarding your rights and responsibilities as a tenant, see:
Can a party take an msj off calendar after I file the opposition and then refile a new msj without the defects I pointed out?
Generally speaking, yes. The moving party is entitled to take off calendar the moving party's motion, and would have the right to re-file the MSJ if the court has not yet ruled upon it. The only limitation would be that the newly noticed motion for summary judgment would still need to comply with the 75 day notice period (plus additional 5 calendar days if served by mail or 2 court days if served by facsmile or express mail). In addition, the newly re-noticed motion for summary judgment must be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise. (Code of Civil Procedure section 437c, subdivision (a).)See question
I am considering join a company, which was reported might have another lay-off by the end of this year. Do I get protected from lay-off if I am a new hire?
No, not likely. Unless you have a written employment contract, your contemplated employment is "at will" and can be terminated at any time without cause unless the termination was unlawful (such as discrimination against public policy). Employees have very few employment rights, and employers have leeway in how they choose to run their businesses.See question
Our downstairs neighbor has a dog that has incontinence and never gets out for walks. He uses an outdoor dogmat (on the balcony) to do his business but we think he often does his thing inside their apartment. Our neighbor covers the smell with s...
The landlord has the obligation to ensure your quiet enjoyment of your apartment. Under California law, all leases have the implied covenant of "quiet enjoyment". (California Civil Code, § 1927). The landlord has the duty to preserve the quiet enjoyment of all tenants. (Davis v. Gomez (1989) 207 Cal.App.3d 1401, 1404.) The concept of a “constructive eviction” exists under the rubric of a breach of the covenant of quiet enjoyment that is implied in every rental agreement. (Stoiber v Honeychuck (1980) 101 Cal.App.3d 903, 925–926.)
Substantial interference is required to establish a breach of quiet enjoyment. An interference by the landlord "by which the tenant is deprived of the beneficial enjoyment of the premises amounts to a constructive eviction if the tenant so elects and surrenders possession, and the tenant will not be liable for rentals for the portion of the term following his eviction." (Kulawitz v. Pacific Paper Co. (1944) 25 Cal.2d 664, 670.)
Minor inconveniences and annoyances are not actionable breaches of the implied covenant of quiet enjoyment. To be actionable, the landlord's act or omission must substantially interfere with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy. (Petroleum Collections Inc. v. Swords (1975) 48 Cal.App.3d 841, 846.)
So what it comes down to is whether the interference is substantial enough to constitute a constructive eviction. You should start by giving written notice to your landlord of this specific issue, and allow the landlord a reasonable time to find a solution.See question
My contract states that "the prevailing party in any dispute arising out of or relating to this Agreement shall be awarded all their reasonable attorney fees and costs." There was such a dispute, and the Judge awarded a specific dollar amount in ...
The judge decides whether the moving party was indeed the "prevailing party", as well as the amount of the attorney's fees to be awarded to the prevailing party. The judge's decision is the final word (as opposed to what the prevailing party demands), but the decision in some instances can be appealed to the Court of Appeal (or Appellate Division of the Superior Court for limited jurisdiction cases).See question
Today the landlord gave us a 9 day notice that he would not be renewing the lease. The lease is commercial for a retail space and he said it is due to our clientele driving up with loud music. Our lease is up on August 31st... Due to the short not...
The landlord is not required to provide any notice whatsoever to the tenant that the lease will not be renewed upon expiration of the fixed term, unless the commercial lease says otherwise. As such, the landlord could file an unlawful detainer lawsuit to evict your business as soon as the fix term ends on August 31 without any further notice. It is common for a commercial lease to contain a "holdover" provision which allows the landlord to collect a higher rent beyond the fixed term. The landlord to elect to treat you as a holdover tenant such that if you do not pay the full/higher rent, the landlord to serve a 3 day notice to pay rent or quit and then file an unlawful detainer action based upon the 3 day notice. You will need to carefully study your lease agreement to ascertain your specific rights in order to be able to determine your best strategy.See question
I rented a house that was destroyed by a wildfire. The house is completely destroyed, but there is a small guest house that is still standing. The guest house is not referenced in the lease and I don't think it's even permitted. Is my lease consi...
No, the lease is not considered automatically terminated. If the lease agreement expressly requires the tenant to give notice, then notice must be given. Under certain circumstances, a tenant can cancel a fixed term lease after a fire. For instance, if the cost of repairing the property is more than a year's rent, the tenant was not responsible for the fire, and the tenant was otherwise up-to-date with rental payments, the tenant can usually terminate the lease. Moreover, under California law, the landlord is responsible for ensuring a habitable dwelling. Obviously, when the entire house burns down, the rental dwelling is no longer habitable. Nevertheless, do not assume that the lease agreement is automatically terminated.See question
I want to file a motion for leave to file second amended complaint to add second defendant and a new cause of action. First I go to the court and drop the motion and Do I have to wait the judge to proof the motion? Or I just serve the defendant'...
First, you should see if the defendants who you have already named and appeared in the case will stipulate to allowing you to file a second amended complaint, and if so, you can file a stipulation in lieu of a motion. Otherwise, you will need to file a noticed motion for leave to file second amended complaint. You will need to serve all defendants with a copy of your Notice of Motion and Motion for Leave to File Second Amended Complaint. Pursuant to California Rules of Court, Rule 3.1324, a separate declaration must accompany the motion to amend a pleading specifying the following: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier.
If the court grants your motion, you will need to serve all defendants with the Second Amended Complaint.
If you are adding a new defendant, you will need to have the clerk issue a Summons on Second Amended Complaint AFTER the court approves your motion for leave to amend.See question
I have a home in California, which has an attached guest house. It has a Certificate of Occupancy and in fact it is zoned as a boarding house/hotel. I have a tenant on a month to month rental agreement, in the guest house who consistently pays t...
No, even though the guest house is attached, you need to file a lawsuit for unlawful detainer seeking restitution of the premises, unpaid rent, and holdover damages, then obtain a judgment in your favor, then apply for a writ of possession which the sheriff's department serves upon the tenant in order to regain possession of the rented dwelling.See question
After the trial, the court issued a Minute Order, 15 day later, I filed an appeal. Then the final judgment was issued more than 30 days after the appeal.
No, a minute order is not a final judgment. An appeal can only be made after entry of judgment. Generally speaking, in a limited jurisdiction case, an appeal must be filed by the EARLIEST of the following dates:
1) 30 days after either the trial court clerk or the other side serves you with notice of entry of judgment or alternatively, a copy of the judgment stamped "filed," or 2) 90 days after the entry of the judgment. A premature appeal can be dismissed. However, the Appellate Division has the discretion to treat the notice of appeal as filed immediately after entry of judgment. (California Rules of Court, Rule 8.822(c).)