No. There are several kinds of rental agreements, including a lease for a specific time period or renting “month-to-month.”

A lease is for a definite period of time—generally one year. Unless you break the terms of the lease, the owner of your apartment or house (your landlord) cannot change the agreement or raise your rent—unless the lease says otherwise. The owner also cannot ask you to move until the lease period is up.

A month-to-month rental agreement is not for a set period of time. It continues until you decide to move or the owner asks you to leave. If you pay your rent monthly, you must give the owner 30 days written notice that you are moving. An owner who wants to raise your rent must inform you in writing 30 days ahead of time if the increase is 10 percent or less, and 60 days ahead of time if the increase is more than 10 percent. An owner who wants you to move must give you a written 30-day notice if you have lived in the rental property for one year or less. If you have lived in the rental property for more than a year, you must receive a 60-day written notice to vacate. (However, you and the owner may agree in writing to a shorter notice.) Or, if you live in subsidized or rent-controlled property, you may be entitled to a different notice.

If you break the rules (by not paying the rent, for example, or by using the apartment for illegal purposes or creating a nuisance), the owner can give you a 3-day notice to pay your rent or move out, to stop your illegal behavior or move out, or to simply move out.

Note: In 2009, federal legislation established stronger protections for those who live in rental properties that are foreclosed. At a minimum, the new owner (usually a bank) must now give tenants 90 days’ notice to move after the foreclosure sale. If the renter has a long-term lease or is a Section 8 tenant, he or she would have the right to remain in the home until the end of the lease—unless the new owner plans to move into the home. In such a case, the tenant would be entitled to a 90 days’ notice to move out.

Attorney Referral Service wish everyone A Blessed and Safe Easter

When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, however, you still could be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a recent burglary site. Storekeepers also can detain you if they suspect you have stolen something.

Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.

January 3, 2012 | Manny Randhawa

According to an article in the Sacramento Bee, a new California law that went into effect Jan. 1 prohibits smoking in multi-family housing units across the state.

The law, proposed by state senator Alex Padilla of Los Angeles and signed by Gov. Jerry Brown, provides legal backing for a step that many landlords in California had already taken through lease agreement language.

The law, however, provides legal support that will rule out any challenges to banning of smoking in apartment units and other forms of multi-family housing. The legislation was supported by groups such as Aging Services of California, the American Diabetes Association and the California Medical Association.

1. 1.       Who can file a claim?

• As an      individual you can use Small Claims Court if your claim is for $7,500      or less.
• Only      the actual party to the claim may file. You must represent yourself at the      small claims hearing. Attorneys or others are not permitted to represent a      party in small claims court. If a husband and wife sue or are sued, one      spouse may represent the other in Small Claims Court.

• You      must be at least 18 years old to file a claim. If you are not yet 18, you      may ask the court to appoint a guardian ad litem, who can then act      on your behalf. The guardian ad litem is usually a parent, relative      or an adult friend but cannot be someone who is a party on the same case.
• If you      are an individual who owns a business (i.e. sole proprietor) and are doing      business under a fictitious business name, you are considered to be an      ‘individual’ in Small Claims Court. For example, if you are a plumber      doing business as ABC Plumbing and want to sue a customer who has not paid      you, you may file a claim for up to $7,500.
• If you      are a business who has filed a fictitious business name statement, you      must include your statement number and date of expiration on the claim      form. You cannot file a case in small claims court without a valid      fictitious business name statement.
• If your      business is a corporation, partnership or anything other than a sole      proprietorship, your maximum claim amount is $5,000.
• A      corporation or other entity that is not an individual must be represented      by a regular employee or representative. The employee cannot be hired      solely to represent the corporation or other entity in small claims court.      The employee or representative is required to file a declaration with the      court stating the basis of their authority to represent an entity.
• You      cannot file more than two small claims cases anywhere in California for      more than $2,500 each during a calendar year.
• If you      have a claim for more than $5,000 (or more than $7,500 if an individual),      you may file your action in the Civil      Division of the Superior Court.

2. Where can I file a claim?

You must file your claim in the proper venue (county) and court location (courthouse within the county). If you file your claim in the wrong venue, the court may dismiss your claim. If you file your claim in the wrong court location, the court may transfer the case to the proper court location or it may dismiss the case.

3. Does the court provide an interpreter?

If you are involved in a small claims hearing, the court will not provide you with an interpreter. You may bring a relative or a friend to interpret for you. This person should be able to interpret statements made by the judge, the plaintiff, and the defendant.

4. Does the court provide a small claims advisor?

The Superior Court of California provides a Small Claims Legal Advisor at no cost. The advisor is available to assist with small claims issues and procedures from filing through enforcement. For more information about the court’s Small Claims Advisory program, visit our Small Claims Advisor page.

5. What are the rules about designating a defendant?

• You      must be careful to designate the defendant properly using his/her/its      exact legal name. If the defendant is a corporation, check with the California Secretary of State      for the exact name and the agent authorized to receive service of process      for the corporation. For other types of businesses, check the city      business license or the county fictitious business name statement. If you      do not designate the defendant’s exact legal name, you may not be able to      enforce the judgment.
• If      your claim is against a governmental agency, you must first file a formal      claim with the agency and have your claim denied before you file a claim      in court. Generally, you have six months after the incident or dispute to      file a complaint with the agency.

6. How does the defendant find out about the lawsuit?

You must make sure the defendant receives a copy of the claim you filed. This is called “service of process.” Service of process has strict rules that must be followed exactly or your case will be delayed or dismissed. The plaintiff cannot complete service of process himself/herself .

7. What happens after the trial?

The prevailing party must wait 31 days from the date of the mailing of the Notice of Entry of Judgment before taking any action to collect the judgment. During this period (30 days), the opposing party has a right to APPEAL. If the opposing party was not present at the small claims hearing, he or she has no right to appeal, but may file a MOTION TO VACATE. For more information on post-judgment proceedings, see our After the Trial page.

8. How do I enforce the court’s judgment?

For specific enforcement procedures see our How to Collect page.

9. How do I recover costs and fees?

• At      Trial – If you file a Small Claims lawsuit and win the case, the court      will generally award you the following costs and fees:

                                       Merry Christmas