Under Evidence Code Section 500, you would have the burden of proof as to this issue whether you are seeking to break your lease (including under...

What are my rights if my landlord is giving me 60days to move because the owners daughter wants to move into my apartment ?

Assuming your tenancy is month-to-month, and is not subject to a local rent control/eviction control ordinance, the landlord is generally free to...

I was served with the 5-day notice to vacate the premises without ever receiving any Court papers?

It sounds like a default judgment was obtained against you based on a fraudulent proof of service. If you want to fight the eviction, you'd need...

Is it possible to sue my landlord for three years of rent after living in an illegal unit for five years?

If you didn't know it was an illegal unit, and have lived there for 5 years, you should have substantial claims for moving expenses (which probably...

What do I do with my landlord for returned check?

I'm sorry you are experiencing these difficulties. Late fees are generally illegal in residential tenancies. See Orozco v. Casimiro (2004) 121...

The implied warranty of habitability requires (among other things) that the landlord provide a permanent source of adequate heat. See e.g. Civil...

Can your landlord evict you from an illegally converted garage in El Cajon, Ca?

Generally speaking, no rent is owed for an illegal unit, because it is illegal for the landlord to rent out the unit, and rental agreement would be...

Do I have to sign a "permission form " to allow the exterminator to trap mice in my apartment? Are landlords liable for harm

Under Civil Code Section 1954, the landlord has the right to enter on proper notice for purposes specified in that law, including making necessary...

Am I supposed to get a Notice to Pay Rent or Quit?

You would be entitled to a written notice to cure or quit under Code of Civil procedure Sections 1161 and 1162. If your tenancy is subject to a...

My fiancé, his 6 year old daughter, and I live in a one bedroom apartment. Can he still file for full custody?

This seems to be a family law issue, so I will move it to that category.