Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My landlord and just finished our unlawful detainer that he…

Customer Question
My landlord and just...

My landlord and just finished our unlawful detainer that he filed against me for illegal narcotic possession on apt. property. I made a long list of code violations and he refused to repair violations when I asked him. He broke the front doors violently with forklift. My attorney who workrd for non profit eviction defense center in Oakland, Ca. I guess didn't think it mattered if the landlord had a permit to rent or not. Can I take my landlord to court even though I signed an agreement saying I would not sue him ever again with reguards to the apt.?

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

Oakland , ca

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

My rent total is around $14000

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

No that's it for now

Submitted: 4 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
3/18/2018
Real Estate Lawyer: socrateaser, Lawyer replied 4 months ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,066
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

I am a member of the State Bar of California and a licensed real estate broker.

You seem to indicate that you have signed a settlement and release agreement. Was this agreement signed as part of the settlement of your unlawful detainer action?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
but I have not accepted his money. The deal was I get 45 days to move out and $7000 to help me relocate to new apt. But has no right to sue me at all bacause he had never filed with the city to legally rent the apt out. It had never been a rentable space ever.
Real Estate Lawyer: socrateaser, Lawyer replied 4 months ago

1. Did the landlord actually file the unlawful detainer action with the court?

2. Was the action voluntarily dismissed "with prejudice" by the landlord?

3. Have you received a check from the landlord for $7,000.00?

4. Do you have a citation to some legal authority (case law, statute, regulation, local ordinance) that shows the landlord could not sue for unlawful detainer? If not, then on what do you base your statement that the landlord cannot sue you to remove you from the property? (n.b.: I'm not saying you're wrong, because I haven't researched the law applicable to Oakland, CA -- but, if you have some source for this particular legal assertion, it would be helpful to my understanding the situation)

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,111
12,111 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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:

Barrister

Barrister

Lawyer

12,111 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My son is on disability and has been living in a home for 3
my son is on disability and has been living in a home for 3 years where has the owner allowed him to stay for no rent. He was basically paying the utilities and home sitting. There is no lease and he … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
After being served a three or five day notice to pay or quit
After being served a three or five day notice to pay or quit what are my possible defenses for case; and approximately how long would have to contend an eviction notice subsequently served on me? … read more
KLAW
KLAW
Juris Doctorate
2,262 satisfied customers
I spoke with Barrister several days ago and he is familiar
I spoke with Barrister several days ago and he is familiar with my situation. I did as he recommended (since the rent I was charging my sister as trustee for continuing to stay in my mom's house again… read more
socrateaser
socrateaser
Lawyer
40,066 satisfied customers
I have been harassed within the last month by my landlord,
I have been harassed within the last month by my landlord, first he relieved me of my caretaker duties I had been hired by his company to do for no valid reason that was given to me, the reason they g… read more
Attorney 1
Attorney 1
2,703 satisfied customers
My land lord is trying to evict me when I have already moved
my land lord is trying to evict me when I have already moved out. I was served with an unlawful detainer and I need to resopond… read more
Barrister
Barrister
Lawyer
12,111 satisfied customers
Holly Hill, FL: My son after living 15 yrs in same apt was
Holly Hill, FL: My son after living 15 yrs in same apt was given 15 day notice by landlord. Reason being he was not parking in assigned spot, was given a note on his windshield to not park there. He w… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
How do I get a house sitter to leave. We have a condo in
How do I get a house sitter to leave. We have a condo in Garden Grove CA and we've been gone for almost two years working on the road. We left a friend with a contract that they were to pay our bills … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I live in a studio, in Los Angeles, CA and I have not paid
I live in a studio, in Los Angeles, CA and I have not paid the rent for the last two months. Recently, the city of Los Angeles has inspected my house and determined it is not inhabitable as a house be… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
I am a homeowner living in Oakland, CA. I have had a guest
I am a homeowner living in Oakland, CA. I have had a guest staying in my house for just over one month. He has never paid me rent or given me any money towards utilities. He has never given me money f… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I have been in a agreed upon rental agreement plan after receivng
I have been in a agreed upon rental agreement plan after receivng an unlawful detainer in May of 2010. I have been current in rent up to now but unable to meet my monthly rent plus backed on rent by t… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a landlord tenant question regarding California (San
I have a landlord tenant question regarding California (San Diego County) Law. I have been renting a room out of my home to a friend for over three years. We do not have a signed rental agreement. We … read more
Barrister
Barrister
Lawyer
12,111 satisfied customers
I have a tenant that has been late almost every month for almost
I have a tenant that has been late almost every month for almost a year. Sometimes she said she will be on time next time but she is always late till now. Her lease will expire next year. If I ask her… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Our renters have not paid rent in 3 months. Can we evict immediately
Our renters have not paid rent in 3 months. Can we evict immediately and how do we get them out? Is there a way to get the back rent from them?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
We live in California, have a tenant on a 1 1/2 year lease
We live in California, have a tenant on a 1 1/2 year lease up in February of 2010. He is harrasing the staff, manager, home owners association officers and now board members. Tonight we were told by t… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
RE: Unlawful detainer. Received from employer who just laid
RE: Unlawful detainer. Received from employer who just laid me off and I live in one of his apartments. Did not give any other notice. Been there for over a year. Don't I need to recieve a 60 day noti… read more
ADillon
ADillon
286 satisfied customers
My boyfriend moved into my rent control apt. Now things have
My boyfriend moved into my rent control apt. Now things have not worked out between us and I want him to move out. He won't. He's been paying the rent but the rental agreement with the Landlord and is… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
If a landlord provides a 3 day Notice to a tenant in a Loft
If a landlord provides a 3 day Notice to a tenant in a "Loft" situation, I.e., apartment is upstairs and their (tenant's) business is downstairs on street level, does --or is--the business entitled to… read more
CALawyer
CALawyer
Attorney
Juris Doctor
1,622 satisfied customers
My son was evicted from the house he was living in. The
My son was evicted from the house he was living in. The eviction notice said he had to be out by the 25th of July, but the landlord had all his belongings thrown out of the house on the 24th. Does he … read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 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