Can my Lease say that there will be a late fee after 3rd day after rent was due -- or after 5th day after rent was due?
Jethro's answer
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Answered on August 25, 2023
Never.
Late fees are generally illegal in California residential tenancies - see Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7, 12.
If...
Our previous tenant is threatening legal action because we deducted repair cost from the security deposit for the damaged floor.
Jethro's answer
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Answered on August 25, 2023
No need to hire an attorney. If you are sued in small claims court, just present your evidence.
Am I responsible for repairs cause I'm on a rent to own lease?
Jethro's answer
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Answered on August 24, 2023
I assume that under the agreement, you are still a tenant - not an owner.
If so, then the landlord would have a duty (under Civil Code Sections...
Can I sue my landlord in California for trespassing in a foreign country?
Jethro's answer
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Answered on August 24, 2023
A California court would presumably have personal jurisdiction. However, the defendant could probably get the case dismissed on grounds of forum...
Can a landlord keep my security deposit to paint I lived there for 17years because I smoke ?
Jethro's answer
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Answered on August 24, 2023
You are not responsible for ordinary wear and tear, and I gather your lease did not prohibit smoking. I
f you were there for 17 years, a...
What if tenant harasses another tenant and landlord is disregarding my aunt ?
Jethro's answer
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Answered on August 24, 2023
I'm sorry you and your aunt are experiencing this.
Unless you are your aunt's conservator, of have her power of attorney, your aunt will need to...
How can I break my lease?
Jethro's answer
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Answered on August 24, 2023
It sounds like you have grounds to either rescind the lease for fraud/nondisclosure under Civil Code Section 1689, and may also have grounds to...
Renting a room in landlords house
Jethro's answer
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Answered on August 23, 2023
You certainly have no obligation to clean portions of the house which you didn't use, and you are also not responsible for either pre-existing...
Neighbors nightly noise nuisance for 5 months, is the leasing/management company liable ?
Jethro's answer
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Answered on August 23, 2023
If the noise issues, etc. were known to the landlord before renting to you, and they were not disclosed, you should have viable claims for fraud,...
Landlord rights to the common areas in a rented house?
Jethro's answer
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Answered on August 23, 2023
If all of the space was rented out, then unless the landlord somehow reserved some co-occupancy rights, the landlord should only be able to enter...
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