Landlord Tenant Attorney Stockton
It’s your property, but their place of residence – OR – It’s their house, but your home. These types of legal agreements can be tricky and the landlord-tenant relationship can become difficult.
Lease Agreements, Eviction, Harassment, Habitability
The relationship between a tenant and landlord can range from pleasant to tenuous… either way, it’s still a legal agreement between two parties that comes with a plethora of legal obligations and risks – particularly in the State of California’s landlord / tenant legal structure. It gets even stickier because the agreement involves someone’s living situation and the new changes in the law that have come as a result of the housing crisis in California.
Whether you are the renter or own the rental property, The Davalos Law Firm and Attorney Davalos, are experienced landlord tenant attorneys in Stockton, CA representing large apartment complexes to single tenants being wronged by their landlord. The Davalos Law Firm is the best resource to for legal representation in all landlord tenant relations and disputes.
From the creation of the lease agreement to providing options for an eviction in the event of a dispute between a landlord and a Tenant. Attorney Davalos found his passion for landlord tenant law while working in San Francisco where rent control and homelessness created a landscape full of legal challenges as well as benefits for both landlords and tenants. Today he represents many clients in the San Joaquin and Sacramento Valley areas in disputes over habitability as well as retaliatory eviction and defense.
Knowing your rights whether as a tenant or the landlord will help to ensure that the relationship goes smoothly. Being proactive in communication before litigation is your best option… and so is having Attorney Davalos on your team. Get in touch here.
FAQ: What to know before hiring a LANDLORD TENANT ATTORNEY Stockton
Can my landlord kick me out before the end of my lease?
That’s kind of a “loaded question” that just brings up more questions. Have you violated the lease agreement in any way? Is there a clause in the agreement that states reasons/causes that would allow the landlord to unilaterally terminate the lease? How far into the lease are you? What kind of notice to quit did your landlord give you? Where do you live?
Each case depends on a plethora of factors that need to be analyzed by an experienced landlord tenant attorney to provide you the best answer. In most cases, a landlord with whom you have signed a lease agreement for a specific term can’t just “kick you out”. At the Davalos Law Firm, Attorney Davalos and his team are experienced landlord-tenant litigators and we are happy to give you a thorough review of your case, please contact us or another landlord tenant attorney Stockton.
Our tenant had some work done on the rental unit without our knowledge or our permission and is now asking to have us cover the cost of the work they had done. Prior to this, we performed an inspection on the property and mentioned that some work NEEDED to be done, but we never finalized the details. Do we have to pay them?
Did the tenant violate the lease agreement by having work done in the rental without permission? Was the work completed by a licensed and bonded contractor? What was the exact nature of the work? You mention you had discussed it, but not finalized details… was there anything in that inspection discussion that would indicate your approval for the tenant to have the work done and you would compensate them? Do you have a good relationship with the tenant or is it tenuous/strained already?
As you can see, there are many variables to this type of landlord / tenant situation. Most important is what kind of written agreement do you have with the tenant and what documentation was maintained during this relationship. Before demands are made or responded too, it is always best to review the record and evidence to support your position. Landlord-tenant relationships are best resolved before litigation ensues and notices to quit are issues.
At the Davalos Law Firm, Attorney Davalos has experience with small landlord tenant problems that are addressed aggressively before they become larger litigation matters. It is always best to consult counsel before you react so give us a call or another landlord tenant attorney Stockton to review your matter.
How long does my landlord have to give me to move out?
In the State of California for landlord / tenant relations regarding notice of lease termination focus on whether you have paid your rent on time and whether you have abided by the lease agreement, where you live and how long you have lived there. If you are in a fixed term lease, the landlord should let you know before the end term of the lease that they are NOT planning to renew your lease.
Typically, this is 60 days before the lease expires, but depending on how the lease is written, it could be less time.If you are in a month-to-month lease, the landlord must serve you with a 30-day notice or a 60-day notice if you have lived in the rental for a year or more. However, with the rent control law changes in California many jurisdictions have prevented not only the increase in rent but also the ability to remove tenants via 30 or 60 Day notices.
Are you asking for a reason? Were you served an “eviction” notice? Do you feel as though your landlord is asking you to leave illegally or against the lease agreement? If you need help and want to talk about it, please just us a call or schedule to meet with us using our website. At least you’ll understand your rights as a tenant as the Davalos Law Firm and Attorney Davalos are experienced in landlord-tenant matters and have litigated these matters through trial and judgment for landlords and tenants.
I just found out that one of our tenants has had another person living with them in the apartment for a few months now and they are not on the lease. There WERE two on the lease, but one moved out and the other moved in… neither of which we were notified about. We’ve attempted to contact the tenant about this, but he is saying that it doesn’t matter who is living there and prefers not to disclose his “relationship” status with us. What is our next step?
Call our office and let’s review the documentation and correspondence you have. That’s really your next step as Davalos Law Firm and Attorney Davalos have had great success at communicating with tenants, explaining the law, as well as the consequences they may face and getting them to act.
However, in the meantime, if the lease clearly shows the two people that were originally living on premises and one is no longer there and someone else has “taken their place” AND the lease clearly states (as it should) that you, as property manager or owner, are to be notified of change of residency, then they are in violation of the lease agreement and you are within your rights to begin proceedings to remove them from the property or comply.