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William Stanley Fitch

William Fitch’s Answers

1,813 total


  • What are the next steps in eviction if I receive a three day notice?

    My landlord/roomate says he is going to give me a three day notice to pay rent or quit because he does not want me to live here anymore due to personal issues, I want to move but need to get more money together.he told my other roommate that he is...

    William’s Answer

    A THREE DAY notice does not provide you with thirty or sixty days, it gives you THREE DAYS. That you "have to get the money together" tells me that while there may be other undercurrents at play here, the bottom line is that you didn't pay rent. Because you didn't pay rent the landlord can serve you with the THREE DAY notice to pay rent or quit. IF you vacate within the three days, the landlord cannot bring an eviction against you. He can however, still sue in small claims for the unpaid rent.

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  • Is it legal to force tenants with a current lease to sign new lease when the old one isn't expired?

    The apartment complex did an audit on our lease and told us they noticed they forgot to charge us the deposit and monthly fee for having a pet. They want us to sign a new lease that includes these fees within 7 days. We had already disclosed that ...

    William’s Answer

    The lease you have is binding. There is no manner by which they may "force" you to sign a new one.

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  • After I win an eviction and money judgment, can I withhold deposit to cover rent for additional time they stayed?

    I won an eviction and money judgment on 8/10/15. I was awarded unpaid rent for July and August up to the 10th. The lock out date isn't until 9/1/15. Can I charge them prorated rent for Aug. 11th- Sept 1 and withhold their security deposit or d...

    William’s Answer

    I agree with Mr. Price. The primary purpose of the security deposit is to remedy unpaid rent. You are entitled to the daily value of the unit (Rent divided by 30) for each day the tenant remains in possession.

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  • Case was settled in mediation & am in rent control RSO investigator requests all docs &health dept rpt now anypoint in submiting

    Last wk my u.d. case / uninhabitable living conditions was mediated and settled. I got very little and feel my attorney didnt do best . During the wait for court date I was waiting on health dept report and request docs from investigator and rent ...

    William’s Answer

    When you signed the stipulated judgment, you surrendered any and all of your rights, complaints, moans groans gripes and grievances. The document you signed is a binding contract. (Jackson v. Puget Sound Lumber Co. (1898) 123 C. 97, 100, 55 P. 788)

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  • Paid rent but never got receipts and now getting evicted

    rent a roo in a house with two other people. If I receive a three day notice from my landlord/roomate do I have 60 days or 30 days to leave? He has promised to give me receipts but never has and I have lived here for a year and a half.

    William’s Answer

    A THREE DAY notice provides you with THREE DAYS to comply with the demand that you pay the rent demanded or perform the covenant the landlord claims is breached. A THREE DAY notice does not give you a 30 or 60 day period of time. Receipts are a whole different issue. By law a receipt must be provided upon demand, but the failure of the landlord to do so does not relieve your obligation to pay rent.

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  • Landlord charged me "extra rent" for 26 days for an extermination of roaches and do pest control

    My rent has been terminated properly with a 30-day notice signed. However, after 18 days, I receive the move-out statement of landlord. They claim they found roaches in the apartment. so they charged me daily rate "extra rent" for 26 days, until t...

    William’s Answer

    Once possession has been surrendered following the expiration of a 30 day notice, your landlord is limited to cleaning and repair charges. The landlord has 21 days to provide you with an accounting of what was done with your security deposit and if they spent more that $125 of your dollars in returning the unit to rentable condition, they have to provide you with the receipts. Failure to do so violates Civil Code section 1950.5 and opens the landlord up to a small claims lawsuit for a return of the security deposit. Charging you rent after you have surrendered possession is simply not proper

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  • Does a Sixty (60) Notice to Terminate Tenancy require a proof of service?

    I received a Sixty (60) Notice to Terminate Tenancy in letter form dated August 25 and it was taped to my front door on August 26 with no proof of service. Is a proof of service required by law?

    William’s Answer

    No. The proof of service is not part and parcel of he sixty day notice and it is not necessary to serve one along with the notice.

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  • In California what are apartment property managers legally supposed to cover after a year of residency upon evacuation?

    I know that some restoration services are supposed to be covered upon moving out of an apartment depending on how long you lived there. I'm just not sure what services should be covered after 1 year of residency.

    William’s Answer

    There is a statute that permits the landlord to rely upon your security deposit to make repairs to the unit following your leaving that are above ordinary wear and tear. Since the legislature failed to provide specific guidance as to what is meant by wear and tear, this area is one of the most contested issues between landlords and tenants. How much can be charged depends upon a long list of variables, things such as the type of paint that was used or the quality of carpet that was installed.
    An example would be if your landlord installed a carpet with a five year warranty when you moved in. Assume further that you stayed in the unit for 2 years. If when you move out the carpet is totally destroyed, your landlord would be entitled to 60% of the value of a similar replacement (5 year warranty) carpet. If you move out after 6 years and the carpet is totally destroyed, the landlord would not be entitled to recover anything.

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  • Can my apartment management charge me for an emergency maintenance call for an outlet that could have started a fire?

    in October 2014, my husband went to plug in an extension cord and the outlet burned him before he could even get the cord plugged in we never used this outlet before because it was behind a futon couch that my in-laws were sleeping on. the man tha...

    William’s Answer

    Although he left out drawn and quartered as part of how he would deal with the management company, I still agree with Mr. Moss. Having paid the bill, I assume you will want reimbursement for that payment. The management company took the word of the electrician. Had the electrician said it was faulty wiring, we wouldn't be talking right now. Arguably, you were harmed financially by the statement made by the electrician. To recover you'll need to file a small claims action against the electrician, the management company, or both.

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  • Former landlord charging me an extra utility bill.

    I was living in an apartment for over 5 years, for the first 4 years there the apartment complex was being managed by one company but after 4 years, a different company bought the complex and everything changed. First I would like to say that the ...

    William’s Answer

    There doesn't appear to be a question here.
    If you're claim is less than $10,000 I would highly recommend and strongly urge small claims as your venue.

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