I was just wondering if my landlord has to request a trial date after I filed my response to an unlawful detainer and if I would be notified if he dropped the unlawful detainer in order to file it again.
Your landlord does not HAVE to request a trial date, but if he is not doing so, you should. The reason is, eviction cases are confidential for 60 days--no one can look online and find your cause until day 61. If the case is dismissed, or you win, the case stays confidential.
If you request a trial date, the case will be over, one way or another, before 60 days pass. However, you REALLY should hire an attorney to represent you. Conducting a trial is not something you learn by reading about it on the internet.See question
Since 1 year the neighboring couple above our apt is making our life hell - specifically the female part of it - loud living noises in the silent hours - between 11 pm and 7 am.The apt owner knows about it and no resolution - We have involved LAPD...
The other attorneys told you to get advice from a lawyer or have a lawyer write a letter, but, as the lawyer you would probably end up calling, I am going to tell it to you like it is:
Letters don't work. Your landlord is not doing anything because your landlord doesn't care about whether or not you move out. If your unit is rent-controlled, your landlord may WANT you to move out, so he can rent your apartment for more money. If you've been in your unit a long time, and it's rent-controlled, the landlord might have HIRED the people upstairs to make noise. This really does happen!
It's true; your landlord is breaching his lease with you. And the tenants are liable to you for keeping you up at night for a year. But the sad truth is that it would cost you a LOT of money to sue the landlord and the other tenants, and you probably would not get much money in return. This is really and truly the most difficult landlord-tenant problem to solve unless you have a lot of money to throw at the problem, at LEAST $25,000 and maybe $100,000 or more. So it's pointless to try. I suggest patience, earplugs and white noise machines.
I have one roommate on the lease, He moved in his friend who is not on the lease. They are causing too much trouble and i want the sub tenant out. The landlord is not aware of this sub tenant. I did not agree to let them stay this long . Now i Fee...
Your answer depends on whether or not your unit is rent-stabilized. If you live in a multi-unit building, built before October 1, 1978, then the unit is probably rent-controlled. If so, then, guess what? You can only evict the troublemaker for 14 very particular reasons. See L.A.M.C. § 151.09 A.
You are right to be worried--your original roommate has put your tenancies in jeopardy. And, I think the answer to your question is "maybe" but it doesn't matter--you are going to wreck your friendship with the original roommate. It seems like it's time to file a new place to live, but make sure if you are currently under a lease to go to your landlord and ask if the troublemaker can take your place under the lease. If he says yes, then you're off the hook. If he says no, he might serve you with a 3-day notice to "cure" (stop renting to a 3rd person) or quit. And I suggest you quit.See question
I found Landlord's property on MLS. Before I moved in his son trashed the place in protest in having to move out. Landlord accused me of destroying it and told me they wouldn't fix anything. He said I could move out and forfeit my 2 months of depo...
That's not really "constructive eviction." You moved in with the place in that condition, so the landlord's failure to repair is simply a breach of contract or, depending on what was destroyed, a breach of the implied warranty of habitability. In both of these cases, notice that it's the LANDLORD who did something wrong, not the listing agent, who had nothing to do with it. You can sue the landlord for breach of contract.See question
If the new owner says I do not reside in the property but have been living there for 7 months, other than rent receipts how can I record mt status as a renter?
Rent receipts are the best way to prove you are a renter. The other best way, as another attorney mentioned, is to have utility bills in your name.
I question why the landlord is challenging this--I would advise you to stop talking to the landlord. He likely knows you are his tenant but has some interest in proving you are not. Any communication from you might help him if you say the wrong thing.See question
I receive a 60 day notice I called the manager and the owner tell her what was the reason she said there is no reason I just need the apartment back I told it has to have everything she said no I just need to put them back my last day is December ...
You are in a non-rent-stabilized city. You can be evicted on 60 days' notice for no cause, like most tenants in the State of California. If you do not leave on time, your landlord will begin eviction proceedings. Do the best you can to find a place to go.See question
I rent out a room and live in the same house as the landlord. If I pay my full rent (utilities included) and the landlord doesn't pay the water bill, can I legally deduct price by day of the water being shut off? Example: water off for 7 days, ren...
You can't live in a place without running water. Call the County Health Department and tell them your landlord turned off the water, and they will order him to turn it back on.See question
I am confused about the difference between a ease and a month to month which automatically renews. I was told if rent is accepted while a tenant is on a month to month in a rent control city then they do no have to sign a annual lease? Is this so?
Not really. If the tenants ever signed a lease, they can be asked to sign a new lease. However, the tenants cannot be asked to sign a lease that materially differs from the prior lease--in other words, the terms have to be the same (except for allowable rent increases).See question
Mr.signed a lease for a 1BR apt in 1984 (specifically stating no other occupants/no children) in a 24 unit bldg. Building has changed ownership at least once. Current day, Adult (mid to late 40s) son has been living in said apt with Mrs. Apparentl...
I have a feeling your rental property is rent-stabilized--otherwise you could evict anyone on a 60-day notice.
Generally, in rent-stabilized ("RSO") tenancies, it really doesn't matter too much what it say about the other occupants. If the tenant has been living there regularly, they are a tenant as defined by the Ordinance because they are someone "entitled to the use and occupancy of the premises." You could not have prevented the husband from marrying and living with his wife in the unit, so forget the fact that the wife is not on the lease. She's entitled to be there and entitled to remain there. If son has been living there for any appreciable amount of time, son is also a person "entitled to the use and occupancy of the premises" and so he too is a tenant under the (Los Angeles) law.
Finally, there is no "check fraud" going on--you're getting paid--and "check fraud" is not grounds for eviction under the Rent Stabilization Ordinance.See question
Im the owner of a foreclosure property after a painful battle due to a bad lawyer we agree and sign a ud stipulation and judgement but now they are telling ne they are not going to move out on the agreed date ehat can i do to speed the process
It depends on what the UD Stipulation and Judgment says. Does it say that a writ of possession is to issue immediately, but no final lock-out before x date? If so, you can get the writ of possession now, and the Sheriff get ready to execute on it. If it says that a Judgment will issue only when someone defaults in doing something, then you have to go back to the Court to get a Judgment.
I have a feeling you are no longer represented by counsel, however, and that you did not write this protection for yourself into the Stipulation and Judgment. That's the problem with not being represented by an attorney.See question