Melissa Cari Marsh's Answers

CA landlord tenant laws, security deposit for painting

California Civil Code Section 1950.5 governs security deposits in the state of California, but if your rental unit is under rent control you may have additional protections beyond those stated in this article. California Civil Code Section 1950.5 only permits a landlord to use a tenant's security deposit to pay for the costs of: (1) unpaid rent; (2) cleaning the rental unit after you vacate (but only to what it was before you moved in) ; (3) repairing damage caused by the tenant that goes...

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CA Franchise Tax Board Tax Lien & Request for Tax Return question

When you sold your home you had a capital gain that REQUIRED you file a tax return, both state and federal even if the tax owed after the exclusion was $0. You should immediately contact an enrolled agent or CPA. When they respond to the FTB, and clear up the matter, the FTB should remove the lien. Your gross income must be less than, I think, $4000 not to file a tax return. Disclaimer. The information posted above is for general information, does not constitute professional legal...

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Chicago Tribune bankruptcy - repossessing equipment

You should hire a bankruptcy attorney in the state where the Chicago Tribune filed its petition for bankrutcy. You should ask that bankruptcy attorney to file a pettition on behalf of you as a secured creditor for the repossession of the equipment. Without reviewing the contract it would be impossible for any attorney to inform you if you have an automatic right to repossession. Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for...

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Is it legal to make a server pay for a check when a customer walks out?

Mr. Marshall is correct. In California, an employer CANNOT make the server pay for a guest's unpaid check UNLESS the employer can prove the server was grossly negligent. An employer can lawfully withhold amounts from an employee’s wages only when: (1) required or empowered to do so by state or federal law; (2) when a deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not amounting to a rebate on the...

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How can I get my deposit back after the house foreclosed and the owner filed for bankruptcy?

You can go to small-claims court to recover your security deposit from the NEW landlord. You are NOT required to move...if the property is foreclosed, the bank is required to give you 90 days notice and to return your security deposit. If the bank auctions the property, the new owner will be required to give you 90 days notice and return your security deposit. Call the California Department of Consumer Affairs...they will verufy that the NEW OWNER, including a Bank is responsible for the...

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Are tenants entitled to compensation for having to vacate apartment due to maintenance?

If you have to be displaced, your landlord should pay for reasonable alternative housing cost, or agree to deduct from the rent for the days you cannot live there. He should also provide a small stipend for food (about $10 per day) since you will not be able to use your kitchen to cook. If he agrees to a rent reduction make sure he states so in writing. If he refuses, bring a claim in Small Claims Court. Do not just deduct it from your rent, as he may serve you with a 3 day notice to pay or...

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I was denied unemployment for misconduct. i want to appeal, Do I have a chance?What will help me win a appeal?

Many workers have their request for unemployment benefits denied. You must file the appeal within 20 days of receiving your notice of denial. Explain exactly what happened, and add an additional piece of paper if necessary. Follow this link for what must be included in your letter: http://www.edd.ca.gov/Unemployment/First_Level_Appeal.htm Enclose with your letter a copy of the documentation showing the 7 minutes leeway, and if you have it how schedules are to be accessed and can be...

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My recently fired accountant will not return my files

Retention of recordsis the top consumer complaint about accountants. You should make a written demand to the accountant referencing all of your previous attempts to get your file. You should also send a girevance letter to the Better Business Bureau. You can also write a letter to the Accountancy Board, they probably won't do anything -- but it is additional documentation you can provide to the IRS. The IRS does prosecute abusive tax preparers. If these letters don't get the job...

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I would like to know all the places were i can send complain about mortgage co

If you have a consumer complaint about a mortage company, you can send the complaint to: (1) California Department of Real Estate -- http://www.dre.ca.gov/ and (2) California Department of Consumer Affairs -- http://www.dca.ca.gov/ Without more information, I cannot advise on what other government agencies would be appropriate. Be careful about make public statements in the news, you do not want someone to slap a slander/lible lawsuit against you. Disclaimer. Ms. Marsh is an...

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There was a notice of trustee's sale on my door. its to be auctioned in 17 days do i still have to pay my rent to the landlord?

First let me say I am so sorry you are in this situation. You still have to pay the rent to the landlord until the building is actually auctioned off. You can still reside on the premises after the sale. The new owner is required to give you a 60 days notice to move. If you are in a rent controlled building, the new owner may also be required to pay you a large relocation fee. You should expect the new owner to show up with an offer of Cash for Keys. Be careful before accepting such...

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