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Janet Gutierrez

Janet Gutierrez’s Answers

193 total


  • Can I get money back my exgirlfriend borrowed?

    She lost all her money at the casino. The lease at the place we stay is in her name. Technically she is still married. My phone got wiped out from a virus. But I believe she still has the text messages and I have ones where she says she owes me. N...

    Janet’s Answer

    I agree with attorney Wolf. How much does she owe you? I would meet with an attorney to assist you with a demand letter, and attach the bounced check. Depending on the amount of the debt, you may be able to sue her in small claims.

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  • What can I do if my bank account is levied?

    My bank account just got levied, and every dime of what little money I had in my account was taken. I'm going through some hardships an am unemployed at the moment and they just took everything I had. Got a notice from my bank that I still owe abo...

    Janet’s Answer

    Meet with a local bankruptcy attorney. Most attorneys in San Diego offer a free consult, and if bankruptcy is not the solution, they will recommend what to do.

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  • Breaking of lease.

    My girlfriend made arrangements to break the lease and remove herself a couple weeks ago, and neither her nor my landlord notified me until a weel ago. I went to work and my gf, removed everything from the property and my landlord has sense made a...

    Janet’s Answer

    I agree with attorney Chen that (sadly) you are still liable. I also agree with the other attorney that you can sue the other party if you do not recover your stolen property.

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  • My rent was raised over 10%. when I informed my landlord that she needed to give me a 60 day notice, she piggybacked a 2nd 30 da

    On 6/1/15, when I told her she needed to give me a 60 day notice. She turned around and gave me another 30 day notice, on top of that I gave her a 60 day rent increase form to fill out and she refused. Now (7/1/15) she wants me to pay her the incr...

    Janet’s Answer

    Since you first rented your apartment over 6 years ago, rents have gone up substantially. You were supposed to get a 60 day notice, I agree. However, although your landlord did not properly notify you, she did wait 60 days before enforcing the rent increase. So I agree with attorney Moss that your demand that she give you a written 60 day notice of rent increase may be counterproductive. Although you have lived there 6 years, you are on a month to month lease. As such, even under San Diego's stricter law, she only needs to give you a 60 day notice to move out. Considering how expensive rents are today, she may feel she is better off finding a new tenant to pay more for rent.

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  • There are no fire/carbon monoxide alarms in all apt. Isn't my landlord required to provide one? What happen if we report It?

    My apt hasn't had neither one in it since i live there and its not just me who doesn't have them in the apt more then half of my neighbors don't have them either. So who do we report it too and what happen to landlord? How do we get someone to co...

    Janet’s Answer

    I agree with attorney Chen. Contact the property manager or owner first. I suggest you do so in writing (via certified mail with return receipt if you are mailing it) and save a copy of the notice for yourself.

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  • My landlord informed me he was selling the condo that I was renting from him. What are my rights. I have found new place

    My move in date is in 13 days. He wanted the place to be kept emaculant at all times so it could be shown. I have a 10 yr old and 2 dogs and work a full time+ job. Landlord wants me to pay 15 day rent for July. I don't think I should because he br...

    Janet’s Answer

    Your landlord informed you he was selling the condo he was renting (he was required to do this), but did he ask you to move out before your lease expired?

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  • Do I need a real estate lawyer

    We were looking for a new home. We found a house my mom went to the company gave them the deposit and rent. She gave notice to her landlord, the next day they called my mom and told her the house was for someone else. My mom almost became homeless...

    Janet’s Answer

    I agree with attorney Chen. However, your mom may want to meet with an attorney before filing the small claims paperwork just for advice. It is not clear from the facts whether the company returned the deposit and rent the next day when they informed your mom that the house was for someone else. Also, if she was notified only a day later, why was she almost rendered homeless? Did everything happen in one day (she notified the landlord and moved out right away)? Or did she have trouble finding another home? Did she sign anything when she gave the company the deposit and rent?

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  • How do i start a 3 day notice to eviction and Then after the three days file the unlawful detainer and have her properly served?

    My current roommate gave me her thirty days notice via txt message, now she is saying she will not leave and takes it back. I have already made arrangements for someone else to move in. We live in an apartment and have a lease until February 2016.

    Janet’s Answer

    How long ago did she give you the 30 days' notice? Have you accepted rent since then? I would meet with an attorney to prepare a letter to your roommate explaining that if she stays beyond the 30 days, she is a holdover tenant, and outlining the consequences of an unlawful detainer on her credit and how it may affect her ability to rent elsewhere. I agree with the other attorney's suggestions as well.

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  • Can I be held to a clause in my lease that allows my landlord to terminate lease for no cause with 60 days notice?

    I am 2 years into a 3 year lease. I am a tenant in good standing. My landlord is citing a clause in my lease that allows her to terminate the lease with 60 days notice without cause. Am I held to this clause, or is it unenforceable because it i...

    Janet’s Answer

    You should meet with an attorney to allow him/her an opportunity to read the lease. Most attorneys will not charge you for the consult. Perhaps you could copy and paste the text of the lease here? I don't know if there is a character limit when submitting a question on avvo, but if I read the lease I could give you advice.

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  • I received my security deposit letter 23 days after I moved out of apt.

    I gave my LL over 30 days notice that I was going to break my lease. I emailed her 4/3 to say I was moving out May 10th. I spoke to her before that to let her know she said she had a waiting list & had a renter for the unit. I paid May in Full & s...

    Janet’s Answer

    I am confused. You indicate that you gave your landlord over 30 days notice that you were going to break your lease. Were you living there month to month when you gave the 30 days' notice? If you had a one year lease and broke the lease, then you are liable for rent for the duration of the lease except that the landlord must take steps to re-rent the unit. If that was the case, you lucked out that your landlord had a wait list and was quickly able to re-rent the unit. However, you moved out May 10th. It is not always easy to get a tenant to move in in the middle of the month. It could be that they did find a tenant to move in in June, in which case you would be liable for all of May, and the days before the new tenant moved in in June. Again, this depends on whether you broke the lease rather terminated a month to month lease.

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