LL hired a property mngr. after hearing about plumbing issues (all toilets and kitchen sink line backed up) and a nasty bee hive in attic. The PM immediately issued a 30 day notice to move out on grounds our tenancy is less than one year. We jus...
You raise too many issues to answer in this type of format. But to answer your basic question: if you signed a one-year lease, then a 30 day notice is almost never allowed during that one year term.See question
I legally terminated tenancy in California after being assaulted by a roommate. I paid 100% of the security deposit. The roommate who assaulted me paid 0 towards the deposit. I did not just move, but I ended my tenancy which effectively means I am...
There is a lot to process in your post, and you should discuss it with an attorney. Civil Code Section 1950.5 addresses how security deposits are dealt with, and it is a long code section. Generally, one of the things it requires is that a landlord must provide an itemized statement of deductions from the security deposit, along with any refund, to the former tenant, with 21 days of the tenant vacating the premises.
If that doesn't happen, the former tenant has the right to sue for return of the deposit in small claims court, and the award can include damages of up to twice the amount of the deposit, if the court finds a bad faith retention of the deposit.
Here though, much depends on whether the landlord agrees that your tenancy is truly terminated. (Whether the remaining tenant cares about the deposit is less relevant.) Really, the landlord or their manager should just tell you what their intentions are so you can act accordingly. If the landlord truly "terminated" your tenancy and is treating the roommate as a new tenancy, then you should get your deposit back within 21 days after deductions, and should probably sue if that doesn't happen. But it sounds like the landlord may not be treating your tenancy as terminated.
But you need to run this past an attorney to get anything more than general comments such as these.See question
I sent my a 60 day notice to terminate the lease by 5/31/17, 7/31/17 will be the last day, since then the tenant stopped payment, so I served a 3 day notice by 7/11, she promised to pay at least two months rent by Friday ( 7/14), but she fair...
Generally speaking, if the 3 day notice is based on valid grounds, was properly prepared and personally served, then the unlawful detainer case can be filed any court day after expiration of the 3 days. But you need an attorney to look at the two notices and get the details of your interactions with your tenant. I find in a significant number of cases, the landlord-prepared notices have some defect in preparation and/or service. I also see situations where the landlord has inadvertently created a tenant defense to the notice because of something the landlord said or did after issuing the notice.
You will need to consult an attorney if you want to make sure you can properly proceed with this eviction.See question
If a commercial tenant continuously pays rent late and are charged late fees, can a landlord give a 3-Day Notice to Pay or Quit? Tenant has been sent several notices regarding their late rent and late fees assessed, as outlined in their lease. ...
It will depend on the language of the lease. Most commercial leases have a definition of "rent" or "additional rent" which typically includes things like late fees. If this were a residential situation, I would usually advise a client not to base a 3 day notice on unpaid late fees, but in the commercial setting the landlord is on somewhat firmer ground.
Still, you are unlikely to get a specific answer on this site, because a lawyer would need to review the specific facts before advising. You should contact a good landlord-tenant attorney.See question
My husband and I are divorced. The judge gave me a house in California but the divorce took place in Massachusetts. I want to put it on the market but the real estate agent is hesitant because my husband has his appeal pending in Massachusetts, an...
The first thing your agent should do is to run ask one of his/her title companies whether they would issue title insurance on this property. They'll run a search and tell him/her what issues exist, if any.
But that does not get you out of the woods. California law explicitly requires you to disclose all matters which might affect the price or desirability of the home. Until you have resolved all ownership issues (and right now, you haven't) you would be obligated to disclose the issues you are having with your husband. In detail and in writing.See question
Bought the TownHouse 3 years back and got the Water intrusion within a year of Purchasing. I had window leak, and HOA mentioned since WINDOWS are HO responsibility I should cover the cost fixing it, I agreed and start repairing but seems like the ...
These types of disputes are rarely simple, and the amount in question would make most attorneys say it's not worth it. You may have lost an opportunity when the window and wall were being repaired, because that is when it would have been most cost-effective to have your contractor (or better, a water intrusion expert) "chase the leak" to try to find the source. Without an expert on your side to say the leak is the HOA's responsibility, you will have a hard time prevailing at ADR or later.
If other owners in the complex have experienced similar leaks, you are more likely to find an attorney or law firm to take this battle on.See question
I already served a 3 day notice to pay or quit. I want to now follow up with a 3 day to perform due to lease violations. I was told the 3 day notice to perform will invalidate the 3 day notice to pay rent or quit and both notices should be serv...
I am always intrigued when I hear someone say "I was told" something that sounds a lot like legal advice. Was it a friend? A barista? Or your lawyer?
In any case, we routinely issue multiple alternative notices, and while it's preferable to have them served at the same time, it's not mandatory. But either way, the notices need to be prepared in a way to prevent them from invalidating each other. To do it properly, you will probably need a landlord-tenant attorney's advice.
One other note: your location says Oakland. If your unit is subject to Oakland's Just Cause Ordinance, your notices usually need to be promptly filed with the Rent Board. That's another reason you should probably proceed with an attorney's advice.See question
The rent we have been charging is at least $500 below the marketable rental amounts in the area our rental house in in. Is there a statute that limits raising the tenants rent from $2,550 to $3,000 a month?
The only Contra Costa city with rent control is Richmond. State law applies to the other cities, and allows unlimited increases in rent to month-to-month tenants. The landlord cannot raise the rent in the middle of a lease term. For month-to-month tenants, the only real limitation is on the timing of the notice which must be given. An increase of 10% or less requires a written 30 day notice. An increase of over 10% requires a 60 day written notice.
So to answer your specific question, there is no statute prohibiting the increase you mention if you are month-to-month. The landlord would simply have to give you a 60 day notice since the increase is greater than 10%.See question
A friend of mine sold her condo in a short sale to a relative of hers, five years ago. The relative decided to sell the condo recently. My friend is still living in it, and taking care of it for her relative. They used the same realtor that was in...
As you point out, the listing agreement says the realtor gets 2% if no sale happens. If you are using the standard CAR listing agreement, the Realtor is entitled to the commission if the seller pulls the property off the market during the listing period, as occurred here. You don't mention the listing price, so I can't tell what percentage the Realtor is demanding, but as long as it is 2% or less, the demand is technically OK, although not great business practice.
However, I'm not aware of anything that allows the Realtor to unilaterally place a lien on the property. Again, if you are using the standard CAR agreement, there is a specified dispute resolution procedure in place, requiring first mediation and then arbitration (if initialed) or litigation. A lien in these circumstances is probably only obtainable if and when a judgment is entered.
You should consult with a real estate attorney familiar with both real estate agent/broker practices and lien law for advice.See question
Today May 15th I recieved an unlawful detainer suit from my landlords lawyer. On the envelop it says it was mailed on May 11th. It was mailed certified letter. But it was filed on May 2nd. How can I have 10 days to respond when they didnt send it...
Your time to file a written response begins from when you are served, not from when the case is filed.
Aside from that, there are a few odd things about your query. The unlawful detainer summons clearly says you have 5 days from when you are served, not 10. Also, certified mail (in and of itself) is not an authorized method of service except in a fairly rare contested abandonment type of case.
You would be well advised to contact an attorney immediately to learn your rights and duties in this specific fact situation. You might also want to contact the opposing attorney to confirm when s/he believes service was effective.See question