Q. I bought a condominium built in 1985 in L.A. County and will be renting it. Do I need to have my contractors hard wire the smoke detectors, or can I use battery-operated smoke detectors? -Teresa A. This is a great question, and one that may have different answers depending on the municipality in which the condo is located. First, for some background information on California’s laws and regulations regarding smoke detectors, please read our October 7, 2010 column “California Smoke Detector Laws.” Your residence, a condominium, is included in the California Health and Safety Code’s definition of “dwelling units intended for human occupancy”, among other types of buildings. Section 13

Q- Hello! I actually have several questions: 1. I moved out of my old apartment complex over 6 months ago. I didn't get a chance to sue them for my deposit. Is there a time limit? 2. I'm on the SHRA voucher. They still denied they over charged me. I'm have been retaliated against via gang stalking and attempts to run me over on 3 different occasion by management and employees. I resigned my lease several times and was never given an explanation. When I refused to do again, the manager got other tenants and kids to harass me including her own. I brought all this up to the property management and more via certified mail. He didn't address my issues but focused on coercing me to pay $500 ex

Q. I live in the City of Sacramento and my neighbor's house was tagged as a Dangerous Building and all the doors and windows have been boarded. What is going to happen to this home? Bruce M. A. Building owners are legally required to maintain their property to the standards set forth in the City Housing and Dangerous Building Codes (Sacramento City Code Title 8 Chapter 8.100) According to the City's website common code violations are: • Ceilings, roofs, vertical supports or other horizontal support that sag, split or buckle. • Plumbing, electrical or mechanical hazards creating a danger to human health. • Excessive infestations of rodents, cockroaches or other vector violations. • Unsaf

Q. I’m trying to make things as easy as possible after I’m gone. Someone told me I should add my kids to the title on my house to avoid probate. How can I do this? A. We get this question on a regular basis. This is one of those times when it’s hard to know exactly how to answer. The answer the patron wants is pretty straightforward. You can do it by signing a grant deed transferring ownership from you (as sole owner) to you and each of your children (as joint tenants with right of survivorship). The Nolo Press book “Deeds for California Real Estate” has samples and instructions, and it’s right behind the reference desk. The problem is, adding a child’s name to a deed can be a pretty bad

Q. Are tinted license plate covers legal in California? I have a friend who got a fix-it ticket for having one, but it is different from mine—his is sort of a bubble over the plate, which makes it harder to read, but mine is flat and lightly tinted. Should I be worried? Paul A. I would be if I were you. According to California Vehicle Code § 5201 (f)(2), which provides that “a covering shall not be used on license plates except as follows:” The installation of a license plate security cover is not a violation of this subdivision if the device does not obstruct or impair the recognition of the license plate information, including, but not limited to, the issuing state, license plate nu

Sacramento’s local rivers and lakes are very popular weekend destinations. Unfortunately, they can also be very dangerous. Studies have found that those wearing life jackets are far less likely to suffer a fatal boat accident. According to the California Department of Boating and Waterways, in 2009, 84 percent of fatal drowning victims were not wearing a life jacket. Federal, State, and local governments have all enacted “personal floatation device” laws to help prevent tragedy on the water. Under both Federal (33 CFR 175.19) and California law (14 CCR 6565.5), there must be at least one floatation device (Type I, II, or III) for each person on the vessel. Vessels over 16 feet long must a

Q: I need an attorney to see my mother’s estate through probate, but I’m not sure if I can afford one. Is there an easy way to figure out the average cost of an attorney before meeting for a consultation with each potential candidate? I guess I’m wondering if they can give this information on their websites or over the phone. -Ben A: Attorneys’ fees will vary depending on several factors, including the type of case, the jurisdiction or geographical region in which it is based (those in cities may charge more than those in rural areas), and the experience or prestige of the firm or the attorney. Attorneys’ fees cover the legal services that are performed by attorneys on behalf of their cl

Q: My husband and I recently moved to Sacramento from Reno, and now that we live here, we want to get divorced. Do we need to file for divorce in Reno, where we got married, or can we file in California? Melissa A:  Sorry to hear about your situation.  Moving to a new city and all of the changes that come with it can really put stress on a marriage. According to the California Courts Self-Help website, California has jurisdiction over a marriage, and the power to dissolve it, only if at least one spouse has lived in California for a certain period of time.  Either you or your spouse must have lived in California for at least six months, and in the county where you plan to file your pap

Q: My ex has only seen our son a few times over the past six years, which is fine by me because he’s a bad influence. He’s also way behind on child support, which is fine. I don’t need his money - I can support my son by myself. My ex says he wants to give up his parental rights, in exchange for me dropping support. Can we do this? I’d be more comfortable knowing my son won’t be taken away if his father suddenly decides he wants custody in the future. Kristina A: A parent cannot simply give up their parental rights to avoid paying child support or to solve visitation or custody disputes. Only the court can terminate parental rights. Termination of parental rights is a court order that p

Q. I have a male pot belly pig who is almost a year old and weighs about 90lbs. I take Mr. Wiggly out for walks in my midtown neighborhood. Yesterday a City Animal Control officer gave me a ticket for not having a swine license! I know I have to have my dog licensed but I have never heard of a swine license. I was also told Mr. Wiggly needs to be neutered before I can get a license. Do you have information on this? Peter K. A. Miniature pot-bellied pigs are increasing in popularity as domesticated pets. However, as such animals are still livestock notwithstanding size, and like other pets need to be controlled to insure that such animal does not become a nuisance or danger to the general

Q. As a landlord, I have a strict “no pets” policy. A prospective tenant says they have a certified service animal. All other qualifications being met, am I required to accommodate them? Thanks, Frank A. Most likely, yes. The Federal Fair Housing Act (FHA) requires property owners to make reasonable accommodations for a person with a disability, to enable them to enjoy the residence on an equal basis with tenants who are not disabled. 42 U.S.C. § 3604(f)(3)(B). Regulations promulgated under the FHA state that “[i]t shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a h

Q: In 2000, I co-signed for a close friend to get a cell phone (I believe that I also paid three hundred dollar deposit). Apparently, in November 2011, his service was terminated (we are estranged, so this is the most information I could get from AT&T). When I called in March 2012, to add a new AT&T internet service, I was declined and informed of this issue. The amount that is owed is over seventeen hundred dollars - I am assuming that the majority of that is termination fees. AT&T wants me to file a fraud report for identity theft (?) with them and our local police so that they may start an investigation that would then hold me "harmless" for the debt incurred. This does not make any se

Q. I have been with my girlfriend for a long time and we got engaged on Valentine’s Day. I saw text messages on her phone I didn’t like and asked her about it. Now she says I am jealous and broke off the engagement, but she won’t give me the ring back, even though I asked her a bunch of times. How can I make her give me the ring back since she is the one who broke my heart? Dwayne A. Sorry to hear about your situation, break ups can be hard on everyone. Believe me you are not the first person with this issue. In fact, California has enacted a law that covers this topic. The California Civil Code § 1590 states: Where either party to a contemplated marriage in this State makes a gift of m

Q: Hi, this is a multiple question question. I recently purchased a house on 2 acres in Citrus Heights, and the entire property needs to be re-fenced and the neighbors don't want to help pay for it. The fencing is at least 40 years old (one neighbor has confirmed this) and it is livestock fencing made of rotted out wood posts reinforced by some metal T posts with rusted wire and barbed wire fencing between the posts. There are 4 neighbors that surround the property, one neighbor (we'll call her neighbor A) has little dogs that come into my yard and continue to poop in several large poo piles at the edge of my property. I have not been able to catch them, but the poop is proof enough. Also

Many patrons come to the law library and Civil Self-Help Center because they have been sued by a credit card company. A sizable percentage of these people tell us that there must be some mistake—they hired a company to settle all their debts for them, so how can they be sued? Unfortunately, “debt settlement companies” frequently promise far more than they can deliver. These companies actually have no power to prevent lawsuits. They offer to negotiate settlements for consumers, often charging a hefty fee for the service, but they cannot force a creditor to accept their offer. The consumers often end up worse off than they would have been without the debt settlement company’s “help.” Risky

Q. I am researching California statute of limitations for Power of Attorney. I became ill in the late Spring of 2008 with a brain tumor and mental health problems and signed a power of attorney to a lawyer and in examining my back statements I believe a significant amount of my funds were taken from my bank account for her personal use and I want to take legal action. Please advise. I never submited a release document. Thank you. jg A. The first thing you should do is revoke that Power of Attorney, if you haven’t already! You can find sample revocation forms in many of the resources listed in our Legal Research Guide to Powers of Attorney, available on our website at http://www.saclaw.org

Q: I wanted to find out how close to our property line we can place a pool or spa. We live in East Sacramento, Sacramento County. I would appreciate any help you could give me. Thank you for your time, Noreen A: There are a number of state laws, regulations, and local ordinances affecting pools, but the ones regulating distance from property lines appear to be set by the local city or county. Since you are in the city of Sacramento, the City Code applies. This code provides that “no swimming pool or similar pool shall be located within a distance less than or equal to the depth of the deepest excavation for such pool from any property line, building or structure (one to one slope).” Sacr

Q. I was sued for $15,000 about a year ago, and the first thing I did was hire an attorney my brother-in-law knew, as I have never been sued before, have never even been inside a court room, don’t know anything about the law, etc. Unfortunately, as time went on, it became obvious that the attorney and I did not see eye-to-eye and I felt that he was not really on my side in the case. Eventually he quit. I have been looking for a replacement for the last month; however, the lawyers that do manage to return my phone calls are either too busy, about to go on vacation, do not handle this type of case, or are way out of my price range. A couple of them have told me that even if they were able to

Q. How much notice does a storage facility have to give before raising the fees? Is the time period covered by the law? I gave my facility plenty of notice, trying to be nice, and they replied with an increase in my last month's rent.   A. Raising rental rates is common practice among self-service storage facilities, though the justification behind increases will vary from company to company. For example, some companies might have existing contract customers on a schedule that dictates the rate be increased a specific percentage after a predetermined amount of time has passed. Other storage companies may raise their rates to match the current market rate or demand, especially if long-ter

Q- I recently moved into an affordable HUD senior building. The very last item presented to me, after I had paid my deposit, in this long 500-page+ process, was a requirement to "obtain $100,000 in rental insurance". My response was, "are you kidding me? The sum total of everything I've owned In My Life wouldn't add up to $100K If you had told me about this at first, I would have moved elsewhere!" I have 30 days to fulfill the requirements of this extortion, or I have to forfeit the apartment and start all over. Is it legal?   A- Thanks for your question! California law does not require renters to purchase their own renters insurance and nothing prohibits a landlord from making it a manda