Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

I am a renter and I have been here for going on 5 years, the…

Customer Question
I am a renter...

I am a renter and I have been here for going on 5 years, the new owners bought the property 2yeaes ago and have remodeled all the vacant ones but not ppl who still live here. They keep going up on the rent but I'm not getting any remodeling done. How long can this go on and I not get my apartment done

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, I have put my request in writing for up grades

Lawyer's Assistant: Where is the apartment located?

Downey ca

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

Am I entitled to upgrades? They replaced a stove but it was put in shody

Submitted: 22 days ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 17 minutes by:
5/31/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 22 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,330
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm sorry to hear about your situation. Unfortunately, the law in CA doesn't require upgrades of a unit. The law only requires that the place be habitable. If upgrades are necessary to keep the place habitable, then yes, they must make them. Otherwise, the upgrades aren't required. I'm very sorry!

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

Ask Your Own Real Estate Law Question
Customer reply replied 20 days ago
But my apartment is not worth the 100 fee increase that I just got. Then they out in a shoddy stove where the plug comes out on the kitchen floor, but yet they want to raise the rent by 100 then they tell me tonight that if I want an upgrade I have move out then move back in under the new rent amount of 1495. That's mire than a 300 dollar increase. Is that legal
Real Estate Lawyer: Legal Eagle, Lawyer replied 19 days ago

I see what you mean. So, the law allows them to raise the rent, but the law does require them to keep it habitable. I'll explain further.

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair defects in the rental unit. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement (in extreme cases); 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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 Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,330
12,330 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle 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

11,962 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,254 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,100 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
I moved in to my apartment 3 months ago and I was never told
I moved in to my apartment 3 months ago and I was never told that there was a gas leak in the apartment that was never addressed. Its now been 3 months and I still do not have any gas and the Property… read more
Legal Eagle
Legal Eagle
Lawyer
12,330 satisfied customers
We have a home warranty with a covered water heater. The
Hi, We have a home warranty with a covered water heater. The warranty company has taken 3 weeks for the replacement and this delay has caused mold to grow on three walls. The contract states "Secondar… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,496 satisfied customers
In November 2017 we signed a rental agreement with an Agent
In November 2017 we signed a rental agreement with an Agent from Coldwellbanker in Atlanta. She took almost 6 months to find us a tenant, and we were very close to conclude our contract with her. Very… read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
What is the law with pets if a person is renting a room/s
second opinion] What is the law with pets if a person is renting a room/s from me in my private residency… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,962 satisfied customers
I have a rental agreement that my roommate signed upon
I have a rental agreement that my roommate signed upon moving in that says no overnight guests. My roommate has continuously broke the rules and others. The guest is here almost every night and I have… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,903 satisfied customers
Within a residential lease agreement contract it must it
Within a residential lease agreement contract it must it state who the primary tenant is if there is any? Or is there another form it could be on . I am asking this because me and my girlfriend at the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
I have a problem with my landlord. In our rental agreement
No, in our rental agreement I'm given until the 5th of every month to pay and I do. She shows up anytime she feels like it and my rent is not yet late. On one occasion she came to my home my daughter answered the door. She entered the property without my permission and began searching my home opening my children's bedroom door and my bedroom door. Just today while I'm at work she showed up at the residence ringing the doorbell like s mad woman scaring my kids. What can I do … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
I have a pet-damage related question for renting. Michigan.
I moved out, I'm being charged fees to replace carpet due to pet odor, but I've paid almost $1,000 in pet fees and pet rent so I am wondering what the law is relating to this… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,055 satisfied customers
I need a form for a rental agreement. Sacramento county.
i need a form for a rental agreement JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: no JA: Where is the property located? Customer: sacramento county JA: Any… read more
Thelawman2
Thelawman2
Doctoral Degree
1,429 satisfied customers
My daughter lives in an apartment that had water damage due
My daughter lives in an apartment that had water damage due to improper maintenance two months ago. They left the water stand for a week, her furniture and personal property is for the most part lost.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,962 satisfied customers
I have lost original Rental agreement which was month to
I am Landlord. I have lost original Rental agreement which was month to month. Tenant says he has lost his copy also. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I signed a house rental agreement with terms to have the
I signed a house rental agreement with terms to have the place clean at checkin. However the property was very dirty and broken items at checkin time and we did not move and take keys. Plus at checkin… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
If my apartment was a total loss from fire damage - an i
if my apartment was a total loss from fire damage - an i automaticlly out of the lease? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
How can a real estate firm prepare a residential lease for
How long can a real estate firm prepare a residential lease for in Florida? If I break a residential lease in Florida, how many months are they legally allowed to charge me for breaking the lease? If … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
After the 12 month lot rental agreement, what is the
After the 12 month lot rental agreement, what is the procedure for being able to move from a mobile home park. I live in a home someone else owns, but I am the name on the lot rental agreement. When I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,254 satisfied customers
My apartment landlord wants to charge me a $500.00 pet
my apartment landlord wants to charge me a $500.00 pet deposit "again". I paid my deposit 3 years ago but there is no record of it. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
496 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Lawyer
12,330 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