one of three housemates is disruptive, verbally abusive, has brandished a knife, made physical threats, deliberately played loud music for nights on end, issued blackmail threats, abused alcohol and illegal drugs,dumped garbage and scattered her...
Probably not. In most cases, a Judge who presides over a civil harassment restraining order ("CHRO") proceeding has no power to force someone to move from their residence. The Judge will likely issue an CHRO that the people involved stay 5 feet away from each other, or something like that.
Probably it is best for your health and safety that you move out.See question
I recently got evicted last September due to non payment of rent. The reason is that I got laid off from work and couldn't find another job in the same pay scale. Also recently found out that there are two evictions but don't know about the other ...
I don't have better news for you. There is no way to "erase" an eviction. Once it becomes final, it is part of the legal record. You can't overturn the eviction, because the time to appeal is probably gone (30-90 days, depending on whether the court gave notice of entry of judgment) and even if you could appeal, you probably did not make an appellate record, and even if you did make an appellate record, you would have to show on appeal that there was no substantial evidence to support the verdict--a herculean task in most cases.
People who get sued, particularly with eviction cases, need lawyers to represent them so that their records can be protected. If you had hired a lawyer, probably the case could have been settled in a way that would have kept the eviction action confidential. Even if you are laid off from work, you need to do your best to find a low-cost lawyer for this. I am sorry that you did not,See question
Property mngr of apt. complex refuses to replace dying air conditioning unit. We have logged the AC taking 1.5 hrs to lower the temp 3 degrees (69>66). This is in winter so we don't believe it will suffice in summer. Maintenance has twice given th...
66 degrees in pretty cold. Why would you ever "need" the air to be 66 degrees inside your apartment? What if it was 105 outside, and you expected the a/c to lower the air temperature to 66 degrees? If it couldn't do it, would that mean that the a/c was "dying" or that the landlord had a duty to put in an a/c with a larger chiller?
I do not think you have cause to complain here. Granted, the a/c is supposed to work so you can be comfortable in your apartment. But 69 is comfortable. The landlord has not done anything wrong here.See question
My father in law has 1 tenant who has called the LAPD on him 4x in the past 2 months when he gors to the property to tell the tenant to stop watering the lawn.the LAPD arrested my father in law him for trying to take the hose from him for battery ...
No--a landlord cannot evict a tenant for calling the police. Calling the police is a legally-privileged act (because the law never wants to inhibit people from calling the police). The tenant can call the police every 10 minutes, and it's still not cause to evict.
That's a no.See question
My mom lives in a apartment building for the last seven years.It's a studio apartment and they give you a mini fridge and small kitchen.About five years ago she was having problems with her diabetes and the doctor told her to eat more fresh foods ...
It sounds like your mom requested, and received, a reasonable accommodation for her disability to allow her to keep a full-sized refrigerator in her studio apartment. The landlord can't really take back a reasonable accommodation--if your mother still has diabetes and still needs the refrigerator, she still gets the reasonable accommodation. Your mother should write to the landlord again and tell the landlord again that she has diabetes, and still needs the refrigerator as a reasonable accommodation to her disability. The landlord can't fine her for having what she needs to accommodate her disability--that would be like fining a tenant for having a wheelchair ramp or guard bars in the bathroom.See question
I have a signed piece of paper saying for so much a month that I pay covers my rent electric and water. I have been here over a year and have paid the full amount for the bills, also I supplied the food and all household neccesatys. ( laundry soap...
If your landlord has overcharged you, you can sue him in small claims court to recover the overcharges.
This guy sounds dangerous--you should move for your, and your child's, safety.See question
I and my wife we worked as apartment managers. We complained unpaid wages and another violations of the law by management company and they fired us. We signed lease agreement and continued to live in the building as tenants. Also we filed the la...
Those are a lot of questions:
1. As you appear to already know, apartment managers are employees that must be paid minimum wage, and be given a free apartment (because your apartment is a tool you need to do your job--I can't hire a typist and charge him for using the typewriter, for instance). The only exception to this is if you have a signed written agreement prior to being employed to pay a portion of rent--I can't remember the portion that is allowed, but it can be found if you look up apartment managers, minimum wage, and "wage order".
2. If you are fired for complaining about unpaid wages, you have a legal claim for wrongful termination.
3. Are you in a rent-controlled building? If so, you can only be charged rent in the amount of your first rent plus whatever allowed increases the housing department allowed while you were managers.
4. The landlord still has to make repairs, as you know, particularly because they were ordered to do so by the Health Department.
5. The landlord must accept your rent. They are just breaking the law by pretending not to have received your rent. But you can't really tell them to stop breaking the law--they are doing this on purpose, naturally.
6. Your rent wasn't late, so you can't be charged a late fee, naturally. You can sue in small claims court to recover the late fee, if you paid it.
7. Even if you actually had paid late, a $100 late fee is an excessive penalty--not true "liquidated damages." In residential lease situations, a landlord can only charge a late fee the reflects the actual loss to the landlord caused by the late payment. With interest rates right now, the actual loss is probably less than a penny, but a $25.00 late fee would probably pass muster with the courts.See question
(Yes, to finish my question the day after Christmas which is messed up!!!!) especially when I have been a good tenant I have never been late on my rent except one month (I think back in March which was not my fault) my income is Social Security di...
A couple of things: (1) Negotiate with the landlord. He's not going to get a new tenant on December 27th--no one moves over the holidays.
(2) if your mental disorder results in you needing more time to move, you can request a "reasonable accommodation" of more time to move, but you must articulate in the request why you are prevented from moving on the 26th because of your disability. If you can find a lawyer, or a mental health advocacy group, to write this letter, that would be ideal.
(3) You can just not move, and then the landlord will have to file an eviction action against you. I do not recommend this course of action, but I want you to know that the landlord cannot simply just lock you out on the 27th. If an eviction is filed against you, you need to retain an attorney to defend the case and protect your rental record. You may have defenses to the unlawful detainer action, but I can't evaluate this in this forum.See question
I have lived at a nonprofit rehabilitation center for over a year. I just graduated and have been there 13 months. The first six months I worked 50 hours per week volunteering at their thrift store. The way it works is the first six months you wor...
You are still entitled to a 30-day notice to terminate, because you are a tenant at will. Oral eviction notices do not work, and you cannot be simply thrown out without a court order.See question
We notified our landlord last Wednesday that the sinks in the kitchen were backed up.His response was" It's Thanksgiving ..no one is working.we heard nothing till Friday night when his wife emailed That she had checked our lease and any plumbing p...
The plumbing is the landlord's responsibility, no matter what it says in your lease. See Civil Code section 1941.1. You can fix the problem yourself, and sue the landlord for the cost of the repair in small claims court, provided that you can find a plumber to do it on your request without the landlord's permission. (Note that I DO NOT recommend deducting the cost of repair from the rent--that can throw you into eviction proceedings.)
Alternatively, call the County Health Department--or complain to them on line. They will come out to the property and issue an order for the landlord to make repairs. Typically, they demand quick action for these types of problems. Also, call the city's code enforcement agency--usually it's the Department of Building & Safety, but check on line.See question