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Avraham Sinai

Avraham Sinai’s Answers

84 total


  • Can I sue Ebay and a buyer?

    I've been an Ebay member since 2004 and has a 100% positive ratings with over 500 transactions. I sell authentic designer items. I recently sold a brand new authentic Chanel jumbo caviar for $5500 but the buyer decided to return it (even if my lis...

    Avraham’s Answer

    You have to read your user agreement with eBay. I am guessing there is an arbitration clause there. If there isn't, I have to disagree with the other answer - sue them. Go to small claims and file a claim. They will have to show up, and you have to make your case against them. There is no gurantee you will win, but it will bring them to the table and talk. Good luck

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  • Can my landlord kick me out in just 3 days for subletting. I'm paid up on rent and have moved him out? my rent is due on 1st

    I have lived at my apt for less then 1 month. I let a roommate take my 2nd bedroom until my daughter take the second bedroom not knowing that was subletting. I found him using drugs and kicked him out and the next day I got a 3 day notice to vacat...

    Avraham’s Answer

    read the 3 day notice carefully. It should give you instructions on your alleged lease violation. If the violation is for subletting and the tenant is gone, you cured the breach.

    Contact your landlord and have a discussion, perhaps they don't know the tenant is gone.

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  • Do I as a tenant have to allow my landlord to take over my porch for repairs for over a week when there is no urgent repair need

    We live in an apartment complex. The management notified us by paper stuck to our door that we need to remove all items from our porch/balcony so they can perform "much needed" repairs. There is nothing currently wrong with the porch other than it...

    Avraham’s Answer

    If the porch objectively needs to be repaired, then yes, your landlord can perform the work.

    Don't forget - if the porch is old and the landlord knows its a liability, they can be held responsible for injuries caused by not fixing it. For the small price of a couple of weeks of inconvenience, you get a new porch.

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  • If we had purchased a commercial building that had three tenants in place one being our corporation and then the lender

    forecloses on us once the lender takes the building back are they able to evict the corporation that the lease is with

    Avraham’s Answer

    Depends on what kind of a lease you gave your corporation. If you are asking if you can purchase a building with a loan, secured by a deed of trust, and afterwards give your corporation a long term lease with minimal rent, default of the payments and keep the lease - the answer is a clear no.

    But if the lease is legitimate, and looks like a lease you would give to any other tenant, the lease should stand

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  • Civil code 1950.5 and carpet cleaning responsibilities?

    There is no law that says landlords can never charge any money for cleaning the carpets upon tenant move out, is there? If the carpets were spotless when the tenant moved in, but had dirt and stains when tenant moved out, and the dirt and stain...

    Avraham’s Answer

    The line is very clear. You have a duty to return the unit at the same original condition. That includes cleaning, and includes the carpet. Cleaning the apartment is part of the tenant's duties, the law is very clear about this.

    Good luck

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  • I wanted to know if I qualify for tenant relocation assistance.

    I have been a model tenant with the exception of being a couple of days late on the rent twice(in full communication with the landlord). My 1 year lease is up this month and the notice was posted by the city for a hearing which I was unable to att...

    Avraham’s Answer

    Relocation assistance is given to tenants only in very certain situations, and only in certain cities. In cities with rent control for example, relocation assistance is given to displaced tenants.

    The sum of money is usually determined by the length of the tenancy, age of the tenant, and family size (but varies from jurisdiction to another). You can always do better if you talk to your landlord and try to reach a compromise through a shared agreement.

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  • What type of attorney do I need?

    I want to file a lawsuit against a motel I was living at for discrimination, loss of personal property, wrongful eviction, rent increase without notice, unhealthy living conditions, bedbugs, broken smoke alarms, no access for emergency evacuations...

    Avraham’s Answer

    What you need is an experienced litigation attorney. Some of your claims are for personal injury, some are for rental rights.

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  • What legal protections does tenant have in mid-lease change in terms?

    A friend of mine was given a 30-day notice to get rid of her 2 cats as a result of a neighbor's complaint that the cat exists (this person has shown a disdain for animals). The landlord's notice came at the middle of my friend's lease. Furthermore...

    Avraham’s Answer

    You have to read the lease carefully. Even if 2 cats are allowed, it's possible that they became a nuisance to other tenants and that may give grounds to remove the cats from the building.

    Don't forget, the landlord first and foremost owes a duty to all tenants to provide a safe and habitable space for living. Read the lease carefully and contact your landlord to work out a compromise

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  • How to fill out an Unlawful Detainer Answer?

    Our Apartment Manager requested we write a 30 day notice to vacate premises, we were complaint. However days after vacating there was an Eviction notice at said unit.

    Avraham’s Answer

    You can either hire an attorney to help you out, use the court's self help system to answer yourself, or contact a legal aid attorney to assist you. Just be aware that you may not have a lot of time to answer, so take action right away.

    Good luck

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  • I am a teen who is trying to settle a auto insurance claim, how much money should I ask for?

    My chiropractor bill is $470 but I was told to ask for more.

    Avraham’s Answer

    Yes, you should ask for more. You can ask for property damage, like the damage for your car. Your medical bills are the starting point, in trial you can also ask for pain and suffering and future damages. If you missed time from work due to the injury, you can ask for that as well.

    Wouldn't be a bad idea to consult with an attorney, just in case you are missing something. Be careful when dealing with insurance companies, they are sneaky and don't have your best interest in mind.

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