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Brad S Kane

Brad Kane’s Answers

3,417 total


  • Can you evict some one who is on ssi?

    My mother in law was invited to stay for a month or two until she got on her feet. In the house hold it is myself my fiance and his father. His father is the person on the lease. It has been a year now since she began to stay here . She has...

    Brad’s Answer

    While your mother in law is probably a subtenant, since she paid rent, there is no prohibition on evicting her based on the fact she is on SSI. Given the dog situation, you could serve a 3 day notice to cure or quit. If she fails to comply, you can file an unlawful detainer.

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  • Im pregnet and havnt told my boss that i am do to the fact i need this job but afraid of loosing my job can they fire me

    do i have to tell my employer im pregnet or not whats the law for working and pregnet i afraid he'll fire because im a liabillity

    Brad’s Answer

    Your boss cannot take adverse employment actions against you, including firing or demoting you,because you are pregnant.

    If you boss makes negative comments about pregnancy or pregnant women, you should keep a record of them. You will need to prove the hostility toward your pregnancy motivates the negative action against you.

    If something happens, you should contact an employment lawyer immediately. Most provide free consultations.

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  • Eviction?

    I live in a condo area in Baldwin Park, CA. called Marthas's Vineyard. And i am currently renting, and i've been having problems with my landlord trying to come in and out of my condo thinking he is able to. I recently confronted him saying im not...

    Brad’s Answer

    I agree with Mr. Roach. I would just add some information on the notice requirements. If you have a fixed term lease, the landlord cannot evict you before it expires. If you are on a month to month lease and you have lived in the condo less than 1 year, you are entitled to 30 days notice.before you can be evicted. If you are on a month to month lease and lived in the condo for 1 year or more, then you are entitled to 60 days notice.

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  • Boss asking to interrupt lunch break to answer phone (California)

    So I have this situation at my work, sometimes at lunch I decide to eat in the premises, and the owner of the company set up a policy that the phone cannot ring more than three times, which means if you're in your break you have to interrupt to de...

    Brad’s Answer

    If you are a non-exempt employee working at least 5 hours, you are entitled to a 30 minute uninterrupted unpaid meal break. If you do not get your meal break, then you are entitled one hour of premium day at your regular rate of pay as compensation.

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  • After getting three day or quit paper how long do I have to leave?

    After receiving a three day pay rent or quit paper do I have 30 days to leave?

    Brad’s Answer

    If you do not pay rent within the 3 days, the landlord can file an unlawful detainer. You will have five days to answer it, if you answer timely, you will likely have at least 4 to 6 weeks before trial. After trial, the landlord has to get a writ of possession and the sheriff has to serve it, which takes additional time.

    However, you do not want an eviction on your record. Try to work something out with your landlord where you make payments to catch up or agree in writing to vacate by a fixed date.

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  • Can I kick my tenant out if the lease agreement we had was very ambiguous (no start/end date, only says month-to-month)?

    I had this tenant for three years now. I want to take the house back for my own use (we now occupies the master bedroom only, and he took up all the space in the garage and the living room), and we told him on text on 6/15 to move out before 8/1. ...

    Brad’s Answer

    Whether or not the contract is valid, you need to give the tenant who lived there a year or more a 60 day notice, when the notice expires you need to file an unlawful detainer.

    I recommend you hire a local landlord tenant lawyer to assist you, since tenant is already attempting to intimidate you with likely frivolous threats of a lawsuit, The tenant can only convey to a subtenant rights that the tenant actually has. If tenant is only month to month, then the tenant cannot bind you to a longer lease to the subtenants.

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  • New lease for long time tenants with no provision for current condition of unit.

    I moved into a rent-controlled Los Angeles apt with my then spouse in 2006. He moved in the unit in 1998, with a month to month lease and he has been the only one on the lease. Building is in slumlord condition in a very desirable neighborhood....

    Brad’s Answer

    The City of Los Angeles Rent Stabilization Ordinance (RSO) prohibits the landlord from changing the terms of the tenants lease. You should contact the City of Los Angeles Housing + Community Investment Department and ask if the particular changes the landlord is seeking are permissible.

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  • Roommates move out how to handle security deposit?

    Hello I have tenants that lived in my place for 6 years. 4 people on the lease. Now 2 of them would like to leave and be taken off the lease. What's the proper way to do this and how should security deposit be handled?

    Brad’s Answer

    You are not obligated to refund the security deposit until 21 days after all the tenants vacate the unit. As a landlord, your interests are better served by requiring the leaving tenants to find two acceptable replacement tenants to sign a new lease and pay the vacating tenants share of the deposit before releasing the vacating tenants from their obligations under the lease.

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  • Do I have any legal rights if I feel my employer is overloading me with work?

    I've been working for a small company for over a year and have received more job responsibilities. The workload given to me is something I can handle, however, they now expect me to cover my coworker twice a week who has an absolutely different p...

    Brad’s Answer

    First, assuming you are an at will employee, your employer can give additional duties and even reprimand you for not keeping up with your other work.

    Second, if you are properly classified as exempt, then you are not entitled to overtime. However, just because you recover a salary does not mean that you are exempt. The exempt determination is often complex based on how much you earn and your job responsonsibilities. Thus, youa may want to consult an employment attorney. Most provide free consultations.

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  • I am being verbally harassed and bullied at work by the lead on the project i was assigned to. This has been going on for awhile

    I alerted my boss a few months ago. He sat down with the harasser and had a chat. The harasser then found ways of continuing the behavior behind my boss's back. I am mainly verbally attacked and intimidated on conference calls that my boss is no ...

    Brad’s Answer

    There is no law against bad management. Assuming you are an at will employee, the company take adverse actions against you for any reason or no reason. However, it may not take adverse action against for a prohibited reason such as hostility toward a protected class, such as race, religion, gender, sexual orientation, military service, pregnancy, disability, etc. or opposing illegal conduct.

    Here, you are fortunate that the boss is sympathetic. You should report the incident on the phone and let the boss verify it with whoever was on the call. Otherwise, you may want to start looking for another job.

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