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Janet Gutierrez

Janet Gutierrez’s Answers

195 total


  • Does my roommate have to pass a credit check?

    I recently had my roommate bail on the lease, with the ok from the landlord. She apparently made arrangements with the landlord to remove herself, and was not notified until the 19th. Rent is now due, and I am looking to replace her. I have a few ...

    Janet’s Answer

    I haven't read your lease, but generally, your landlord was not obligated to remove your other roommate from the lease, and she is also not obligated to accept any roommate you propose. I assume your landlord ran your credit and required an application when you moved in? As such, he or she will require the same from the new tenant. The fact that your other roommate had poor credit indicates the landlord made an exception, possibly due to the fact that you are also on the lease. The landlord may make an exception again, but there is no guarantee. Especially since the landlord just dealt with one tenant bailing on the lease. You don't have to have a roommate, but if you want to have a roommate or need to have a roommate, the landlord will require that they be on the lease. As such, the landlord will ask for an application, application fee, and credit check and possibly references.

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  • Legal description wrong on grant deeds, this is for a 1 acre parcel of land & 3 acres of residential property.

    what is the process for land / property in San Diego California if you find out your legal description of your property is not your property or it is not correct. How do you correct it? It appears that my 1 acre of land is on my neighbors grant d...

    Janet’s Answer

    When you purchase a home, the mortgage lender works directly with a title company to perform a title search of the property. The result, the Title Report, discloses the past owners of the property, any liens or mortgages against the property, and a legal description. The purpose of the title search is to ensure there are no errors in the title report. However, mistakes can occur.

    After the title company has reviewed the Title Report, it can issue a Title Insurance policy. While you, the borrower, pay for the policy; it only protects the lender. If an issue arises regarding the title, in this case, an incorrect legal description, the insurance covers their costs to have it corrected.

    Title insurance is paid up-front as part of your closing costs. So, chances are, you paid for Title Insurance. Often times when you purchase the Title Insurance, you are given the option to purchase a separate owner's policy, which would cover YOUR costs resulting from title errors.

    Now that you have learned about the incorrect legal description, a corrective deed must be recorded with the county clerk. It states that the deed is being re-recorded to correct an error in the previously recorded deed. An incorrect legal description can cause problems if you try to sell the property in the future, or if you ever have a dispute with a neighbor over boundary lines.

    The best thing to do right now is to contact your mortgage lender and let them know. The lender holds an interest in your property until the loan is paid off, so they will want to make sure their interest is protected. The lender will most likely work with the title insurance company to order a new title search and prepare a corrective deed.

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  • 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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