My landlord text me stating she offered me a 30 day early out standard? Is this legal? I want to leave because of the harassment. My landlord has claimed that we ruined her grass by not watering the yard and the filter on the A/C not changed ev...
Based upon the limited facts presented in your post, you would not have legal grounds to unilaterally break the lease. However, it sounds like your landlord is offering to terminate the lease early but has not proposed specific terms and conditions. It is legal for a landlord and tenant to agree to an early lease termination. The terms and conditions are fully negotiable. There is nothing "standard". If you and the landlord do not come to a mutual agreement to terminate the lease, you remain obligated to pay rent for the entire duration of the lease (until October), but the landlord has the legal duty to mitigate damages by finding a replacement tenant.See question
I recieved a request to vacate and am to move within 60 days, I never violated any terms of my lease or had any missing payment. Also half the building received this notice WITHOUT ANY REASON ON IT. I am questioning the legality of this, and need ...
The general rule is that a 60 day notice of termination of tenancy does not require the landlord to state any reason for the termination, nor does there need to be any reason. An exception is when the rental dwelling is subject to the Los Angeles Rent Stabilization Ordinance (commonly known as rent control). In some instances, a tenant in a rent controlled unit may be entitled to relocation assistance. See http://hcidla.lacity.org/Relocation-AssistanceSee question
I was named as a witness in a case that settled. Now I am being asked to sign an agreement by the opposing party. Can requiring a witness to sign be a condition of settlement?
The witness can be "asked" to do anything, so the real question is whether the witness is obligated to sign. Generally speaking, a non-party is not obligated to sign a settlement agreement between the parties to litigation. However, in some instances, there may be a confidentiality provision or some other provision which might require a third party to consent or to agree to do (or not do), in which case, the third party (or witness) might be asked to agree to that provision only.See question
Prior to moving in to the rental house I paid the security deposit and first month's rent to the property management company the landlord had hired. After several months of renting the property and paying monthly rent to the management company, sa...
Yes, since the property management company is/was an agent of the principal (landlord), you should be able to recover your security deposit from the landlord pursuant to Civil Code section 1950.5.
Can HOA Board in California vote by email in a situation that can be characterized as emergency? If yes does vote has to be unanimous to be valid?
Yes, in a true emergency, and the vote does not have to be unanimous. Email may be used as a method of conducting emergency meetings so long as all members of the HOA board of directors consent in writing to the action. (Civil Code §4910(b)(2).) The written consents themselves may be transmitted electronically. (Civil Code §4910(b)(2).) An "emergency" is defined as "circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice" to the membership. (Civil Code §4923 and §4930(d)(1). If an emergency meeting is conducted via email, the written consent must be filed with the minutes of the HOA board meeting. Just as with regular meeting minutes, the HOA board minutes should only reflect the action taken by the board, not a transcript of the entire discussion.See question
I lent money to a real estate company to purchase and rehab five properties. I had the copy of the notes and notarized deed of trust, not original. I was under impression that it would be recorded as usual. Since I have done the business with this...
No, not necessarily. At this point, you still have the right to sue on the notes for the full amount owed (plus other potential causes of action such as fraud and breach of the implied covenant of good faith and fair dealing). You just cannot foreclose non-judicially if the notes were never recorded. If you receive less than full payment following any sale of the properties, you have the right to sue the company for the deficiency. Of course, whether you will be able to collect a judgment is a separate issue. A waiver is a voluntary relinquishment of a known right, so unless you sign a waiver and release, you have not given up the right to sue.See question
I am the Defendant in a California eviction case. This is actually the second case landlord has filed. First was dismissed due to a faulty 3 day notice to pay or quit. Second case was filed, but actually attached the 3 day notice that was used in ...
A supplemental complaint (which alleges claims that transpired after the action commenced) is different from an amended complaint. If you already filed a Demurrer to Complaint (which constitutes a general appearance), the plaintiff can serve the First Amended Complaint to you via overnight/express mail; personal service is not required. (CRC 1.21)See question
My landlord told me i have to move out because he already rented the house to another family. He only gave me 2 1/2 weeks to move out. He never gave me a written notice. Is this legal? I have 4 children and do not have a place to move yet.
Written. Moreover, if you have been a tenant for more than 12 months, you are entitled to 60 days written notice. See http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#notices and http://www.dca.ca.gov/publications/landlordbook/terminations.shtmlSee question
My land lord sent me less than half of my security deposit back. They charged me $100 for paint and charged me $100 for damages when asked what the damages where the land lord told me that I did not pull my weeds.. I asked for receipts prior to th...
You will need to file a small claims lawsuit to get back your entire security deposit. For information on how to file a small claims lawsuit, see http://www.courts.ca.gov/selfhelp-smallclaims.htm
The landlord should not be deducting for paint. Under California Civil Code section 1950.5, within 21 calendar days after a tenant moves out, the landlord must either send a full refund of the security deposit, or mail or personally deliver to the tenant an itemized statement that lists the amounts of any deductions from the security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
Pursuant to Civil Code section 1950.5, the landlord may only use the tenant's security deposit for four purposes:
1) For unpaid rent;
2) For cleaning the rental unit when the tenant moves out (but only to make the unit as clean as it was when the tenant first moved in);
3) For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
4) If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property other than because of normal wear and tear.See question
My a/c stopped working in my apt. My landlord said they'll replace it, but I have to pay for it, I live in a apt. In california and the air conditioner was in it when I moved in
No. The current habitability laws in California do not include air conditioning. Unless your lease or rental agreement expressly includes air conditioning as one of the contractual items which the landlord is providing, the landlord has no obligation to repair or replace the air conditioner (even if it was there when you moved in).See question