Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
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 26 days 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: 11,868
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: 11,868
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
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 11,868
11,868 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
I rented an apartment on a 6 month short term lease. I had
I rented an apartment on a 6 month short term lease. I had discussed my situation with the rent agent, I travel for my work and would only need six months and maybe a one or two more depending on the … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
In Florida can a property manager show a property to
In Florida can a property manager show a property to prospective renters for the next year when it is currently occupied and at the beginning of the tenant's 3 month stay? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
I am renting a house that was shot at last night and there
I am renting a house that was shot at last night and there was damage to the house and a car that was in the driveway. We are afraid to stay at the house and The landlord has agreed to release us from… read more
legalgems
legalgems
attorney
11,868 satisfied customers
My son's girlfriend will not leave his house when he tells
My son's girlfriend will not leave his house when he tells her to get out. They are always fighting and he is tired of her living there. Here had a letter draw up that says he owns the house and that … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,278 satisfied customers
My landlord came to my apartment and screamed at me about
My landlord came to my apartment and screamed at me about noise that was reported a week earlier. It was extremely uncomfortable and I timed I felt unsafe because his screaming was so harsh and many c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
I'm a Tampa, Florida 8. I've been a 8. I've been a resident
I've been a resident for over 8 years in a Tampa, Florida condo. I discovered blackish looking mold behind cabinet back wall and under cabinet bottom visible via a gap between wall and floor board. I had the dishwasher replaced about a year ago, and learned through an inspection i had on Saturday that the garbage disposer was leaking. Being high risk pregnancy, nearing my 8th month i'm naturally concerned, and notified my landlord of this, who replied with all of this going, it be easier for you to move than staying through repairs and remediation, Due to my condition i can't handle a major move at this time. However, i need to make this home safe for now. Need advise! … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
My land load is telling me I have to pay back rent ASAP or
My land load is telling me I have to pay back rent ASAP or risk being evicted. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,156 satisfied customers
I have a question so i moved into my apt on jan 15 i paid a
hello i have a question so i moved into my apt on jan 15 i paid a full months rent of 1050 plus 500 for a sec depoist, my landlord told me my rent would be prorated for the month of feb for 525. now h… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
What are tenant rights with respect to moving out of a
What are tenant rights with respect to moving out of a residence and retrieving my security deposit, as compared to my responsibilities? My agent is claiming I must have the carpets professionally cle… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I truly believe that my rental company is negligent on
I truly believe that my rental company is negligent on providing a habitual place to live. I moved out. I would like to sue them. How do I go about figuring a number on the amount I will ask for .… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,278 satisfied customers
What state are you in? I'm in NYC. None. I moved into an
I moved into an apartment in NYC and I'm a subletter. I never signed any paperwork of any kind and I've lived here for three months. the girl I'm subletting from just informed me that she's having a baby with her partner, who also lives here even though she represented to me when I moved in that it would only be us two… read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
A tenant is a month and a half behind his rent. I gave him a
A tenant is a month and a half behind his rent. I gave him a 3 day or quit notice. He didnt pay and now is ignoring me. How do I get him out ? Can I show the place to new people and just put his thing… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have been served with eviction warrant to remove I called
I have been served with eviction warrant to remove I called the court to inquire. Apparently there was a court date I did not know about and was never properly served notice of court date So now i nee… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a property that a friend was allow to park a motor
We have a property that a friend was allow to park a motor home over a year ago. The property was boarded up. Since then he has moved in and refuses to leave. We have been paying the rent and the wate… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Who is responsible for a large water bill after a leak that
Who is responsible for a large water bill after a leak that is fixed promptly after notification, tenant or landlord?… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
142 satisfied customers
I rented a home & found out the A/C, heat & running water
I rented a home & found out the A/C, heat & running water weren't working and they failed to tell me it was a gas home. It was about 6 days before I could get everything working. I let the landlord kn… read more
Phillips Esq.
Phillips Esq.
MBA
18,620 satisfied customers
I moved into an apartment that a friend already lived in.
Second opinion] I moved into an apartment that a friend already lived in. the agreement was between the landlords father (but he is real owner, house put in daughters name for tax reasons..)and the te… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,117 satisfied customers
I set up a payment via my web account with my landlord on
I set up a payment via my web account with my landlord on the 4th of this month to be debited from my account this friday the 16th of the month that would satisfy my whole rent due. However, on the 9t… read more
Phillips Esq.
Phillips Esq.
MBA
18,620 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