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William Stanley Fitch

William Fitch’s Answers

1,803 total


  • What are tenants right as far as renting out a garage and living in it from my mother ? I pay 150 a month for myself and baby

    there is no rental agreement , she try's and charge more money each month , I do more than my share around the house just to keep her happy. I buy wht ever she wants with my ebt, and she still runs my life tells me how to raise my kids she tells m...

    William’s Answer

    How hard do you want to push back is the true question. If you pay rent it can only be increased by way of a 30 written notice, if the increase in more than 10% it requires a 60 day notice. The other issue is that unless there is a certificate of occupancy issued for the garage, your mother may not rent it out. So yes, you do have rights, but the cost of those rights may be the roof over your head. You should seek legal counsel

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  • Guest refuses to leave apartment

    A friend of mine who is disabled and wheelchair bound allowed a girl who had become homeless to stay with him until she could find another place to stay. She now refuses to leave and she even called the police on him, and they told him that he wou...

    William’s Answer

    serve the ingrate with a 30 day notice of termination of tenancy. On the 31st day, File an eviction

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  • Is a property owner only responsible to provide running hot and cold water to tenants to the inside of their unit or residence?

    If a tenant installs a washing machine without the owners permission and otherwise never had permission can the owner cap the pipes outside to prevent the machine being used? After all, the tenant is not paying the water bill and there is no agree...

    William’s Answer

    • Selected as best answer

    the answer to your question is found at Civil Code section 789.3 which states "a landlord shall not with intent to terminate the the occupancy under any lease willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, telephone"
    The direct interference with the utility, especially utility equipment, could well constitute criminal conduct under Penal Code section 591.
    The short answer to your question is NO

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  • Yet another LESE question 2.o

    The leese says that each Tennet is allowed to have one overnight guest a month for 24 hours. The landlord is letting a roommates wife now stay hear with the roommate for 10 days. She has allowed each roommate to have multiple overnight gue...

    William’s Answer

    My 1st question would be why you feel the need to ask the landlord for permission to have guests who are not going to spend the night. The fight would not be over whether or not the landlord said yes or no, but rather what the landlords actions would be once the guests arrive. The landlord has the option of enforcing or not enforcing any provision contained within his or her rental agreement a tenant has no such option

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  • RE: 2 roommates and problems with utilities

    Can a roommate turn off the electricity because the other roommate has no intentions of helping to pay the bills? The roommate whom turned on the electricity has had to bear the costs and does not need the electric themselves, they only turned it...

    William’s Answer

    It is difficult to determine who's doing what to whom. By cutting off utility services to the premises with the intent of denying the tenant use of the premise and thereby terminating of tenancy could well be a violation of Civil Code section 789.3 (A). Additionally, a landlord's interference with utility equipment may constitute criminal conduct (Penal Code section 591)
    both of these situations would require proof that the landlord caused the utility service to be cut off "with the intent to terminate occupancy" but, Civil Code section 789.3 forbids a landlord to interrupt terminate utility services either directly or indirectly. The Reader's Digest version of all of this is, the police officer was right. As Mark Twain once said, no good deed goes unpunished.

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  • Housekeeper at hotel

    I stayed at hotel and ended up staying another night when the maid came to my room she asked f or my towels and sheets in return for new ones i gathered them together and the manager told me i only get one towel and no sheets! My two year old leak...

    William’s Answer

    Innkeeper Guest law, a distant cousin to landlord-tenant law, deals more with how possession passes. What you seem to be Asking is a question more properly addressed to the health department. That is where I would start my search

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  • Landlord did file eviction at 11/2012, Now the Landlord get a letter hearing form Manteca court, CA . But My tanent moved out?

    So, Landlord must go to court hearing ?

    William’s Answer

    I don't know what the letter the landlord received is. I don't know what the hearing is about. I would NEVER advise someone not to attend a hearing in court, too many bad things can happen.

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  • Do I need to apply for a permit from LADBS to paint the assigned parking spaces of tenants on my property?

    I need to paint the lines for the 4 parking spaces on my property designating them as compact and regular sized vehicles . Is a permit required for this?

    William’s Answer

    Don't know. Whether a permit is required is not truly a landlord tenant question but rather, is focused more on land use.

    Sorry

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  • Can an apartment manager demand cash just to hand out a rental application for a vacant apartment they are seeking to fill?

    Can an apartment manager refuse to hand out a blank rental application form for a vacant apartment unless given $10 in cash? The $10 demanded was not for a credit check (there was a separate $25 fee for that), but just to physically get (not su...

    William’s Answer

    to under Civil Code section 1950. 6 (a), a landlord may charge an applicant for a residential rental a nonrefundable "screening fee" to cover the cost of obtaining information about the applicant, including a personal reference checks, credit reports, screening reports, and other data. The screening fee is expressly excluded from the definition Of an "advance fee" under business and professions code section 10026. (Civil Code section 1950.6 (j)).
    The amount of the screening fee is limited to the landlords out-of-pocket costs of gathering the information, not to exceed $30 per applicant. If part of the fee collected was not used to obtain information, the unused portion of that fee must be returned. Civil Code section 1950.6 (e).

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  • Lied to by duplex management about liability to damages? Disabled senior widow living in subsidized duplex unit where there're

    damages to personal items caused by duplex's contractor. Duplex (owned by big co.) denied liability by referring to a clause in the lease stating that they're not liable for any damages caused by them or others.They sent me to the contractor to re...

    William’s Answer

    Careful with the comments about goodhearted attorneys, you will ruin our collective reputation. With that said, one may fill a contract with nothing but invalid or illegal provisions. The real fight is not over the inclusion of these provisions, but rather, an attempt to enforce them. Without having the language to view or review, I am at a loss to answer your question. I will add however that it is not uncommon for a contract to seek to shift responsibility for loss. If that were illegal, the insurance company would go under in a day

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