Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

A California lawyer, representing my landlord, has been

trying to increase my rent...
A California lawyer, representing my landlord, has been trying to increase my rent a few times. My apartment is subject to the Los Angeles Rent Control Ordinance (RSO), and his rent increase notices have been ruled illegal by the RSO Board. My question: do California attorneys have an obligation to know a subject matter prior to generating demand letters, or is it permissible for them to just generate demand letters that fly in the face of the law and maybe if the recipient is weak enough may be even an illegal demand can fly?
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
if you take this on please cite the relevant code of ethics of the California Bar. I do want to file a complaint against what i believe this action in bad faith
Answered in 15 hours by:
1/23/2018
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 12,973
Experience: Just Answer consultant at Self employed
Verified

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Ask Your Own Landlord-Tenant Question

Here is the rules of professional conduct which requires an attorney to act competently; it is a general duty; please see:

Rule 3-110 Failing to Act Competently (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence. (B) For purposes of this rule, “competence” in any legal service shall mean to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service. (C) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required.

http://www.calbar.ca.gov/Portals/0/documents/ethics/2d_RRC/California-Rules-Professional-Conduct.pdf

However here is the lengthy B&P code which lists more prohibited conduct: (please see subsec c, in particular)

6068.

It is the duty of an attorney to do all of the following:

(a) To support the Constitution and laws of the United States and of this state.

(b) To maintain the respect due to the courts of justice and judicial officers.

(c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.

(d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

(e) (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.

(2) Notwithstanding paragraph (1), an attorney may, but is not required to, reveal confidential information relating to the representation of a client to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual.

(f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.

(g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.

(h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed.

(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require an attorney to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the attorney’s practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her.

(j) To comply with the requirements of Section 6002.1.

(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.

(l) To keep all agreements made in lieu of disciplinary prosecution with the agency charged with attorney discipline.

(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.

(n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt.

(o) To report to the agency charged with attorney discipline, in writing, within 30 days of the time the attorney has knowledge of any of the following:

(1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.

(2) The entry of judgment against the attorney in a civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.

(3) The imposition of judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).

(4) The bringing of an indictment or information charging a felony against the attorney.

(5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.

(6) The imposition of discipline against the attorney by a professional or occupational disciplinary agency or licensing board, whether in California or elsewhere.

(7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.

(8) As used in this subdivision, “against the attorney” includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney’s knowledge already been reported by the law firm or corporation.

(9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.

(10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6068.&lawCode=BPC

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 12,973
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 12,973
12,973 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
That's pretty scary information. I have never rented my
That's pretty scary information. I have never rented my house out. The tenants have lived in my home (1} 4 years and the other for (2) years. They came to me through family and a friend. I do not want… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just received my new lease information. Added to the lease
I just received my new lease information. Added to the lease was a $25 charge for a Valet living trash fee. For $25 you get a small trash bin that you can leave at your entrance and somewhere in the n… read more
legalgems
legalgems
attorney
12,973 satisfied customers
I'm renting my single family home to two lodgers, I just
I'm renting my single family home to two lodgers, I just found out it is illegal to rent? Should I try and settle with the Tenant than proceed with the Eviction which is in the NYC Court? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was involved in an auto accident in January and currently
I was involved in an auto accident in January and currently disabled due to accident - I live on the 2nd floor and would like to move to 1st floor to accomodate my disability. the landlord states there are is no availability for 1st floor apartments . Can I break my lease ? I live in Florida … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
My tenant has authorized an install of water heater without
my tenant has authorized an install of water heater without my approval the w/h installed comes with 6 yrs warranty for 450 plus install cost 750 i would have done it differently -- pay up 200 for 12 … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
I need a person out of my home immediately. There is no
I need a person out of my home immediately. There is no lease agreement on paper. However he has been in my home for almost a year. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Received a 24 hour notice to vacate but I have proof that
received a 24 hour notice to vacate but I have proof that rent was paid for feb, march ad april … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
My husband and I have been residing here at Doyle Village
My husband and I have been residing here at Doyle Village Apartments here, in Darien, Ga. We have been having plumbing issues since last year. Our toilet is constantly backing up, overflowing with nas… read more
legalgems
legalgems
attorney
12,973 satisfied customers
I'm in escrow the property will be delivered with current
I'm in escrow the property will be delivered with current tenants. However the seller has been really strange. He couldn't produce any "paper" lease, he said it's a verbal lease. I asked if tenant is … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I'm having noise issue with my neighbor upstairs. I gone
Hello. I'm having noise issue with my neighbor upstairs. I gone into the office several times and even hada manager come in and listen to and she said that the stomping was normal. I did sign somethin… read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
My situation is a tough one. My boyfriend and I made a deal
My situation is a tough one. My boyfriend and I made a deal with my Mother to purchase a home and property from her. When we made the deal, there was a pipeline being installed that was to be fully re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
I am a landlord in the state of Texas. We had one of our
I am a landlord in the state of Texas. We had one of our maintenance men to go in and make a repair in one of our properties and he observed the tenants smoking marijuana in the inside of the unit. He… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Looking for an attorney in Seattle area. Tenant, landlord.
Lease is up gave a courtesy 30 day notice for the 2nd June. They confirmed they got my e-mail and I did a follow up and they told me I will need to pay June's rent and a $300.00 fee. I told them I could be out the 1st. Was told to late. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
I am trying to get a renter out of my house I served a 3-day
I am trying to get a renter out of my house I served a 3-day pay or quit but I haven't been able to get to the court for an unlawful detainer the Richer paid me $600 but it was fake bunny I made a police report what else can I do what should I do … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
We signed a 1 year lease May 1 2017, so starting on April 4
We signed a 1 year lease May 1 2017, so starting on April 4 2018 i notified the management company our lease was expiring and we wanted to sign a new lease for another year, well the lease expired and… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
My wife has moved out due to domestic violence. Am I legally
My wife has moved out due to domestic violence. Am I legally responsible for the entire lease and rent now. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I signed a lease last Friday, just over 7 days and I called
I signed a lease last Friday, just over 7 days and I called office at day 5 to see if I could get out of my lease. I am reconciliating with my husband and will be moving back home. I am willing to los… read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
Can landlord threaten tenant with eviction for moth issue
Can landlord threaten tenant with eviction for moth issue that is clearly not the tenant's fault, and which the tenant discovered and has diligently worked to resolve? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,851 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x