Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Do you handle landlord-tenant issues? California. What can I…

Customer Question
Hi Pearl, do you...

Hi Pearl, do you handle landlord-tenant issues?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What can I do if I feel I have been retaliated for submitting a Emotional Support Animal letter to property manager, on February 02, 2018 who gave me a renewal lease offer in December, 2017 and again in person on February 01, 2018 at $1615.00 and now has rescinded that offer, basically leaving me with a month to month rental of an apartment which I have leased for 12 months, ending on March 19, 2018?
Current Lease - 12 month
1-bedroom apartment - upstairs
Beginning on March 19, 2017
$1538.00 per month + $35.00 per month for male dog “Jackson” which was added to the lease in April 2017. All shots, license, neutered paperwork given to property manager. Jackson is now a 13-month-old Mini -Labradoodle. My name is*****

Submitted: 4 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
Hi, my name is***** moved to The Summit apartments in Chino Hills on March 19, 2017. A 1-bedroom upstairs apartment, 12-month lease @ $1538.00 per month – (Unit 406). Within a couple of weeks, I found a 3-month-old mini labradoodle named Jackson, and after checking with the leasing office about adding Jackson to the lease I was told that I needed to pay and extra $250.00 pet deposit + $35.00 per month for a total of $1573.00. I provided all the paperwork from the vet, city license, and when Jackson was old enough, I had him neutered. So, everything required by the property manage was submitted.
Fast forward to November when the 1-bedroom apartment was lease to a new tenant, (Unit 405). A male & his girlfriend, who hadn’t arrived from out of state. After a week of this guys buddies visiting, late night drinking, smoking on the patio and partying, which I thought would stop once the girlfriend arrived from out of state.
On November 13, 2017 at 10pm I took Jackson for his final "potty" for the night, and just as I was walking down the stairs someone had entered apartment 405 and slammed the door again. I thought it would be a good opportunity to speak to the neighbor about the slamming of the door and the smoke coming up into my apartment. I knocked on the door and the guy with the beard opened the door and could tell right away the conversation was going nowhere by the look on his face. He told me that he was now on the lease and living there. He said that he has every right to have his friends over, to drink beers, listen to music and smoke on the patio. I asked if he could be a little more considerate since we must live above/below each other. Again, he just laughed and said, "he will do whatever he wants".
Less than 5 minutes later, I heard the door slam again, even harder than before. I took Jackson for his walk and returned to find someone in the trash bin. I walked up to the first few steps and the guy, (It was the father of the new tenant, retired police officer) whom I had never seen before, stopped going through the trash and was walking towards me. I was approached by this man and he asked, "how are you doing"? I replied, "I'm doing ok". He turned to me, pointed his figure at me and said, "you better watch yourself, you complain too much and it's going not going to be good for you!". I replied, "who are you"? Since I had never seen nor spoken with this guy before. Not wanting any altercation, I quickly took Jackson inside, removed his leash and harness, and was about to close my door when the man returns from apartment 405 and is yelling, "I will show you who I am" "I am going to kick your ass!" He is now coming up the stairs in a violent and threatening manner. Fearful of being beat up I quickly called 911 and the operator came on the line immediately. I had my phone on speaker and it stopped the guy in his tracks. He continued to say things under his breath about kicking my ass and the operator replied she could hear him.
The Chino Hills Sheriff arrived, and I told them what had happened. They knocked on the door of unit 405 and went in and spoke with the resident. Upon exiting the unit, they spoke briefly with me and advised that I take the matter up with management.
I spoke to Lex, the property manager and she said that the resident said I was rude, and the father denies threatening me. Neighbor two apartments down saw the father yelling & pointing his finger at me, and walking up the stairs to my apartment, but nothing was done about it. I was told to call security or police if problem persists. (November 2017 - December 2017 Security called 20 times / police called 4 times for noise disturbances from unit 405).
That was the beginning of a campaign of harassment from the guy in unit 405. On November 25 around 10pm the guy in 405 and his buddies come home and were on his patio, directly below my balcony. After 1. Hours of drinking, smoking and loud noise I call Security which came out, talked to the resident in 405 and left. Immediately they were back on the patio doing something under my balcony and then the guy starts climbing up the building, walking on the ledge of his patio putting up a blind and flag, (both which are prohibited in lease agreement. Party over around 2am. I recorded the incident:
November 25-26 Incident with a neighbor in unit 405
Video on Saturday night November 25, 2017 - Sunday morning, November 26, 2017, 4 am - YouTube video: https://youtu.be/d8eDur9qzX4
• Video of resident climbing up the building below my balcony for the third time at 12 AM.
• Security called out. Security arrives, leaves, and resident resumes strange behavior.
• 4 am, a resident is in the trash bin, more strange behavior.
Leasing office is closed Sundays & Mondays
Around noon I was talking with a neighbor in his garage and he commented about the flag that was half stuck on the side of my balcony, blown by the wind. I knew management would not return until Tuesday, and not want
Customer reply replied 4 months ago
wanting the guy in unit 405 to be climbing up the building again at midnight, I removed the flag, told the neighbor in the garage if anyone asks, tell them I removed the flag and put the flag on the front of unit 405.
Video on Sunday night, November 26, 2017 - Resident with flashlight 7 pm - YouTube Video: https://youtu.be/sbKWUfEinIw
• Approx. 7 pm on Sunday, November 26, 2017, resident is looking at my car with a flashlight / possibly attempting to break into my car.
• Neighbor hears resident from unit 405 yelling at me, calls the Chino Hills Sheriff
• I told Deputy that I removed it and why I removed the flag.
• As it turns out, resident's father, (A Retired Police Officer) shows up and insists on a citizen’s arrest. Deputy Aguilera issues a notice to appear instead. (petty theft ticket)
To show good faith, I had amazon deliver the exact flag, which I gave to the property manager asking to give it to the guy in 405. He refused the replacement flag because he has the one I left at his door.
I have been harassed by this guy constantly, door slamming, banging on walls, and day and night surround sound gaming w/ machine gun fire and bombs exploding.
Every time I have complained via email or verbally, property manager said, no one else is complaining. She did nothing. On January 9, 2018 I recorded with my smartphone what I had been experiencing for 1.5 months.
Jan. 09, 2018 - Video of noise disturbance - Surround Sound Video Game Machine Guns / Explosions played by the resident in unit 405 - YouTube video: https://youtu.be/CQ41pGM_kEg
• The audio was emailed to Lex, Property Manager, and then I later played audio in Leasing office for Lex.
Noise disturbances stopped for about 10 days and slowly started happing again. The guy in 405 named his WI FI network, “SLAMSDOORALOT”
On February 01, 2018 while in the leasing office the manager printed a copy of the lease renewal offer and we discussed the increases. From $1538.00 + $35.00 pet fee to $1615.00 + $60.00 pet fee.
On February 02, 2018 I emailed manager and asked for “HELP” with the relentless campaign of harassment. But never got a response from manager. I dropped off the Doctor’s Emotional Support Animal Letter on February 06, 2018.
On February 07, 2018 I went to Trusted Tires for a scheduled oil change & tire rotation. I arrived at 8:45am and left at 10:58am, (time stamped on invoice)
Received a vmail from property manager stating the guy in 405 said around 10am he was entering his apartment and I called him a “Bitch”. I called her back and told her that was impossible, I was at the Trusted Tire getting service. I offered to give her the invoice showing I was at Trusted Tire until 10:58am, but she refused.
I was given a Request for Reasonable Accommodations form for my Dr. to fill out, and a Vet Certification form, both have been completed and given to property manager.
I come home tonight to a letter taped to my door stating that because of the issues with the guy in 405, The Summit has rescinded the renewal lease offer and I will be Month to Month when current lease expires next month.
Customer reply replied 4 months ago
November 25-26 Incident with a neighbor in unit 405
Video on Saturday night November 25, 2017 - Sunday morning, November 26, 2017, 4 am - YouTube video: https://youtu.be/d8eDur9qzX4
Customer reply replied 4 months ago
Video on Sunday night, November 26, 2017 - Resident with flashlight 7 pm - YouTube Video: https://youtu.be/sbKWUfEinIw
Customer reply replied 4 months ago
Jan. 09, 2018 - Video of noise disturbance - Surround Sound Video Game Machine Guns / Explosions played by the resident in unit 405 - YouTube video: https://youtu.be/CQ41pGM_kEg
Customer reply replied 4 months ago
i have a total of 34 emails (pdf's between myself and management) just don't want to overload you.
Customer reply replied 4 months ago
unit 405 is directly below me unit 406
Customer reply replied 4 months ago
Since moving in in March 2017, I have paid my rent in full every month, never been late.Because I will be on a month to month rental starting next month, I am afraid that i am one or two steps away from being kicked out of here. Please note: I have never complained about a resident prior to november 2017 and no one has ever complained about me. In the letter I received today the lawyer said that the guy in 405 has been compalianing about me. The only "false compalint" I was told about was on Feb. 7, 2018.The guy in 405 is lying, planning the only hand he has left.
Customer reply replied 4 months ago
I believe that it is that the property manager has done nothing to stop the harrassment by the guy in unit 405 that it continued.
Customer reply replied 4 months ago
BTW, Thank you for your time and expertise in this matter...
Customer reply replied 4 months ago
email on 02-10-18 comfirming renewal offer of 1615.00 per month
Customer reply replied 4 months ago
december 2017 renewal offer letter which was rescinded today.
Customer reply replied 4 months ago
Should I call Fair Housing regarding this situation?
Customer reply replied 4 months ago
I think the property manager is also mad because Emotional support Animals do not have to pay a pet rent or pet deposit. and they were going to raise the pet rent from 35.00 to 60.00 per month.
Customer reply replied 4 months ago
this pdf is what i typed above
Customer reply replied 4 months ago
Hi, are you still working on a reply?
Answered in 9 hours by:
2/16/2018
Lawyer: Michael J., Esq., Lawyer replied 4 months ago
Michael J., Esq.
Category: Landlord-Tenant
Satisfied Customers: 3,514
Experience: Licensed attorney; represented hundreds of clients in my private practice.
Verified

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

I'm really sorry to hear about your situation. :(

The California Fair Housing Act prohibits discrimination over housing for these protected reasons:

  • Race, color
  • Ancestry, national origin
  • Religion
  • Disability, mental or physical
  • Sex, gender
  • Sexual orientation
  • Gender identity, gender expression
  • Genetic information
  • Marital status
  • Familial status
  • Source of income

Notice, this does not protect those who seek emotional support animal accommodations. I hate to tell you this bad news, but your landlord can rescind a lease for any reason other than the ones protected above. So, whether it's because you want accommodations for your animal or whether its because they are tired of the back and forth between your and 405's apartment, they can make the lease a month to month. There doesn't appear to be anything you can do about that.

Now, I do believe the actions of the tenants in 405 are harassment under California law. If the deputies who are responding to these incidents are refusing to file charges against these people, consider going to their superiors with all of your documentation. I think something should be done.

I hope this helps!

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.

Michael

If you want to speak to me personally, you can request a phone coversation to follow up or ask me a new question at https://www.justanswer.com/law/expert-sololawyer/

DISCLAIMER: This is not legal advice and I am not your lawyer. The information I provide is based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
Jackson has been living with me since april of 2017. I provided the manager with an ESA letter from my doctor. hE STATES IN THE LETTER, "Mr. Cardoza meets the definition of disability under the Americans with Disability Act, the Fair Housing Act, and the Rehabilitation Act of 1973. Due to this disability and mental health condition, Mr. Cardoza is qualified to have an emotional support animal(s) under Section 504 of the Rehabilitation Act of 1973 and the Federal Fair Housing Amendments Act of 1988.
The available data indicates that Mr. Cardoza’s emotional distress substantially limits one or more major life activities and is imposed by his emotional distress as defined by the DSM-5."
Customer reply replied 4 months ago
WHAT ABOUT THE the Americans with Disability Act, the Fair Housing Act, and the Rehabilitation Act of 1973. ?
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Michael J., Esq. Your Own Question
Michael J., Esq.
Michael J., Esq.
Michael J., Esq., Lawyer
Category: Landlord-Tenant
Satisfied Customers: 3,514
3,514 Satisfied Customers
Experience: Licensed attorney; represented hundreds of clients in my private practice.

Michael J., Esq. 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 am in the process of moving out of my current rental unit.
I am in the process of moving out of my current rental unit. What are my rights regarding landlord access to show the unit to potential renters. I'd prefer not not allow access due to possible theft a… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
If an elderly man or woman has written documentation from a
If an elderly man or woman has written documentation from a doctor that allows said person to keep a pet despite the landlord having the right to say who can or can't have a pet would that elderly per… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My niece and I are renting an apt and my friends needs a
My niece and I are renting an apt and my friends needs a place to live they denied him because of his credit and mine was just as bad my niece and I have lived here 6 months and paid a high deposit wh… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
A friend who is an attorney, helped me in a lawsuit with my
A friend who is an attorney, helped me in a lawsuit with my landlord who was allowing another tenant to harass me. I had no money to hire anyone, and my friend offered. The problem with the landlord s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
My landlord wants to come and replace the old smoke
second opinion] My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction. So what's the point? I feel t… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
We bought a home before our lease was out. The landlord
we bought a home before our lease was out. The landlord refuses to give the security deposit back and even with held our last months rent from the beginning of the lease even though we paid for the la… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
I need some help/advice. I have been renting in the same
I need some help/advice. I have been renting in the same place for almost 15 years. I have never had a problem with anything here nor have I ever done anything negative to the property. Also the prope… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
In Jan 2018 ,I accepted a deposit of 1,000$ for Jan Feb Mar
In Jan 2018 ,I accepted a deposit of 1,000$ for Jan Feb Mar of 2019, and just recently changed my position on renting it out, since I Will be moving into my own home. I notified in writing and returne… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,176 satisfied customers
We are currently renting a home that suffered extensive
We are currently renting a home that suffered extensive water damage from a toilet that broke and overflowed upstairs damaging that entire bathroom, half of the master bedroom and the entire downstair… read more
Lori
Lori
Juris Doctor
1,564 satisfied customers
California sacramento. 2 parts: 1. Currently being evicted
1. Currently being evicted from my current apt for not paying in a timely manor... I never got a 3 day notice... I completed the necessary paperwork/ response to the courts in the alotted time...… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,023 satisfied customers
Our building was sold a year ago come to the church today
Our building was sold a year ago come to the church today thr locks was change with out notice … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I've been renting a room from a guy for four months who said
I've been renting a room from a guy for four months who said he was paying the landlord only to find out he wasn't and he's been in the apartment rent free for two years. When the landlord found out i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I need a lawyer to stop an eviction process and my mother
I need a lawyer to stop an eviction process and my mother missed the court date on June 5th … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I was just given my 30 day notice to vacate along with 3
Hi I'm Lee, Hi, I'm Lee. I was just given my 30 day notice to vacate along with 3 volations against the HOA Rules for the condo. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I had a domestic issue with my sibling, I asked to have
Hi, I had a domestic issue with my sibling, I asked to have myself remove from the lease with proof of a domestic incident report. The Management Company is giving me a hard time with vacating the lea… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,377 satisfied customers
I discovered bedbugs in my apt a month ago. and i cant seem
I discovered bedbugs in my apt a month ago. and i cant seem to get rid of them, i informed my land lord about it. it was exterminated. but the bugs just keep on coming. i want to sue. what is the next… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I was seekinging to rent a home via Zillow. I called the
I was seekinging to rent a home via Zillow. I called the owner o a property located at 3372 Market Walk, in Clarkston, GA. She then directed me to fill out the application via Zillow. I filled out the… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My landlord wants to come and replace the old smoke
My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction… read more
Jessica B
Jessica B
Juris Doctor
1,270 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