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United States Landlord & Tenant Legal Questions answered by Lawyers

Browse our 2 legal questions about Landlord & Tenant in United States and the lawyer answers, or ask your own questions for free.

What is owner of condo units obligation as far as damage to the condo below their unit.
Landlord & Tenant Real Estate Due Diligence Real Estate
The unit above my condo is managed by a Property Management company, and it was rented. During the time it was rented, there were water leaks that damaged my ceilings, and the Management Company. refuses to fix the ceiling so that it matches the rest of the ceiling. Even though... Read more →
Lawyer answer by Horus Legal Sulotion

Thank you for sharing the details of your situation. Based on the circumstances you described, you may have grounds to escalate the matter legally. You can file a case to request the appointment of a government engineer from Dubai Municipality...

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1 answer
How to protect property from squatters law
Estate Planning Elder Law Landlord & Tenant
Deed in my mom's name. She died 18 years ago. Son is named as administrator but not as owner. We live in USA so let Non relative live there for 45-50 year but had no formal contract. Let him live there free as long as he paid utilities and taxes.... Read more →
Lawyer answer by M BILAL ADVOCATES, CORPORATE & TAX CONSULTANTS

After completing probate to establish yourself as the legal heir, you can transfer the property title to your name and then grant them permission to reside there through a formal agreement. It is worthy to note that you can do...

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1 answer

About Landlord - Tenant Law in Palos Verdes Estates, United States

Landlord - tenant law in Palos Verdes Estates, United States is governed primarily by California state law, supplemented by local municipal codes and Los Angeles County rules where relevant. Issues common in a coastal, residential community like Palos Verdes Estates include leasing and renewals, security deposits, habitability and repair obligations, eviction procedures, short-term rental rules, and interactions with homeowner associations. Statewide statutes set many baseline protections and procedures, while the city and county may impose additional licensing, safety, or nuisance rules. Because individual facts matter and laws change over time, people with disputes or urgent problems should consider local legal advice.

Why You May Need a Lawyer

There are many situations in landlord - tenant matters where a lawyer can protect your rights and help you avoid costly mistakes. Examples include:

- Facing or serving an eviction notice and needing help with the unlawful detainer process.

- Disputes over security deposit deductions and how to document damages versus normal wear and tear.

- Habitability problems such as persistent leaks, mold, pests, or unsafe conditions that a landlord will not fix.

- Complex lease terms, unusual clauses, or problems created by homeowners association rules or city code enforcement.

- Allegations of lease violations, illegal subletting, or tenant harassment and questions about remedies and defenses.

- Discrimination claims under federal, state, or local civil rights laws.

- Negotiating lease break agreements, buyouts, or relocation assistance.

An attorney can explain legal deadlines, draft or review notices and settlement agreements, represent you in court, and advise on remedies such as repairs and deduct, rent withholding, claim for damages, or counterclaims.

Local Laws Overview

Key legal points relevant to Palos Verdes Estates, United States include:

- State law framework: California statutes cover security deposits, habitability, eviction notices and procedures, retaliatory eviction protections, and anti-discrimination rules. Many tenant protections are statewide, but exceptions exist for certain property types.

- Security deposits: Under California law, the usual limit is two months rent for an unfurnished unit and three months for a furnished unit. Landlords must return deposits or provide an itemized statement within 21 days after tenancy ends.

- Notice and eviction process: For nonpayment of rent, landlords commonly use a 3-day notice to pay rent or quit. For termination without cause, landlords generally must give a 30-day or 60-day written notice depending on the tenancy length. After proper notice, landlords must file an unlawful detainer case in court to evict legally.

- Rent cap and statewide protections: The California Tenant Protection Act and AB 1482 created statewide limits on annual rent increases and additional eviction protections for many long-term tenants, with specified exemptions. Whether a particular unit is covered depends on the property type and ownership circumstances.

- Habitability and repairs: Landlords are required to provide and maintain a habitable dwelling. Tenants have remedies when landlords fail to make necessary repairs, but some actions such as withholding rent or making repairs and deducting costs have legal requirements and risks.

- Short-term rentals and local rules: Many coastal and residential cities regulate short-term rentals by registration, permit, or outright restriction. Palos Verdes Estates may have local rules or HOA covenants that affect vacation rentals, parking, and nuisance enforcement. Check the municipal code for current short-term rental and noise regulations.

- Homeowners association interaction: If the rental property is within an HOA, the lease and landlord activities may be subject to HOA rules, architectural standards, and fines. Tenants and landlords should confirm which rules apply and how enforcement works.

- Local enforcement: Building, health, and code enforcement offices in the city or county can address unsafe or illegal conditions. Landlords must comply with all applicable municipal codes in addition to state law.

Frequently Asked Questions

What notice does a landlord need to give to end a month-to-month tenancy?

Under California law, a landlord must generally give a 30-day written notice if the tenant has occupied the unit for less than one year and a 60-day written notice if the tenant has lived there for one year or longer. Different rules can apply if the tenant has a written lease, if the property is subject to local ordinances, or if other statutory protections apply, so verify the specific facts before relying on a notice.

Can a landlord evict me for not paying rent?

Yes. If rent is unpaid, a landlord can serve a 3-day notice to pay rent or quit. If the tenant does not pay or move out within the 3-day period, the landlord may file an unlawful detainer lawsuit. Tenants should be aware of any temporary state or local emergency protections and should respond to court filings promptly. Consult an attorney if you receive a notice or court papers.

How much can a landlord charge for a security deposit, and when must it be returned?

For most residential rentals in California, a landlord may charge up to two months rent for an unfurnished unit and up to three months rent for a furnished unit. The landlord must return the deposit or provide an itemized statement of lawful deductions and return the balance within 21 days after the tenant moves out. Keep records and photos to support your claim for return of the deposit.

What are my rights if the rental unit has serious repair problems?

Tenants have the right to a habitable unit. If serious defects exist, notify the landlord in writing and give a reasonable opportunity to repair. If the landlord fails to act, tenants may have options such as reporting to local code enforcement, arranging repairs and deducting cost under narrow conditions, or seeking rent reduction or a lawsuit for damages. Actions like withholding rent or making repairs without following the law can be risky. Talk to a lawyer or tenant counselor before using those remedies.

Can a landlord enter my rental unit without permission?

California law permits a landlord to enter a rental unit for specified reasons such as repairs, inspections, showing the unit to prospective tenants or buyers, and in emergencies. Except in emergencies, landlords must provide reasonable advance notice, generally 24 hours, and may only enter during normal business hours unless the tenant agrees otherwise. Lease terms and local rules can affect specifics.

Are there rent control rules in Palos Verdes Estates?

Palos Verdes Estates does not have a widely known local rent control ordinance like some larger California cities. However, statewide laws such as the Tenant Protection Act and AB 1482 can limit rent increases for many covered units. Whether a unit is covered depends on property type and ownership. Always check current state law and local municipal rules or consult an attorney to determine whether rent limits apply to a particular property.

How much notice is required for a rent increase?

For month-to-month tenancies in California, landlords must give 30 days written notice for rent increases of 10 percent or less in a 12-month period. For rent increases greater than 10 percent, a 90-day written notice is required. Statewide rent cap laws may further restrict increases for covered units. Verify current statutory percentages and exemptions before relying on a notice.

What should I do if I receive an unlawful detainer complaint?

If you are served with court papers for an unlawful detainer, act immediately. There are strict, short deadlines to respond. File a written response in court within the required time to preserve defenses. Contact a landlord - tenant attorney or a legal aid provider as soon as possible for help preparing a response, asserting defenses, and exploring settlement or mediation options.

Can I sue my landlord for discrimination?

Yes. Federal, state, and local laws prohibit discrimination based on protected characteristics such as race, national origin, religion, sex, disability, familial status, and other grounds. California law provides strong protections and remedies. Keep detailed records of incidents, notices, and communications, and consider contacting the appropriate civil rights enforcement agency or an attorney to evaluate a claim.

Are short-term rentals allowed in Palos Verdes Estates?

Short-term rental rules vary by city and by HOA. Some municipalities require registration, a business license, or a permit and may impose limits on frequency, parking, and nuisance controls. Palos Verdes Estates may have specific rules or HOA covenants affecting short-term rentals, so check the municipal code and HOA documents and consider legal advice before offering a property as a vacation rental.

Additional Resources

Helpful local and state resources for landlord - tenant issues include:

- City of Palos Verdes Estates City Hall and municipal code for local ordinances and permit information.

- Los Angeles County Department of Consumer and Business Affairs for tenant and landlord counseling and consumer protection resources.

- California Courts self-help centers and local Superior Court unlawful detainer procedures for filing and responding to eviction cases.

- California Department of Real Estate for landlord licensing issues and questions about rental property operations.

- California Civil Rights Department and U.S. Department of Housing and Urban Development for discrimination complaints and guidance.

- Local legal aid organizations such as Legal Aid Foundation of Los Angeles, Neighborhood Legal Services, Bet Tzedek, and other community legal clinics that provide low-cost or pro bono services.

- Local code enforcement and building departments for habitability and safety violations.

Next Steps

If you need legal assistance with a landlord - tenant matter in Palos Verdes Estates, United States, follow these steps:

- Gather documents: lease agreement, rent receipts, security deposit records, written notices, photos, repair requests, and any communication with the landlord or tenant.

- Create a clear timeline of events including dates of notices, repairs, payments, and communications.

- Contact local resources: city offices for code enforcement, tenant counseling through county consumer affairs, and local legal aid if you cannot afford a private attorney.

- Consult a qualified landlord - tenant attorney for an assessment of your case. Ask about consultation fees, fee structure, and whether limited-scope representation or mediation is an option.

- If court action is pending, respond to any legal papers immediately and do not miss filing deadlines.

- Consider alternative dispute resolution such as mediation when appropriate to reach a faster, less costly outcome.

Getting timely legal advice and documenting everything carefully will improve your ability to protect your rights and reach a reasonable resolution.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.