Richard Leigh Boyer’s Answers

Richard Leigh Boyer

Solana Beach Real Estate Attorney.

Contributor Level 12
  1. Does tenant/landlord law apply to a garage rental contract or does law pertaining to storage facilities apply or other?

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. A Melissa Johnson
    3 lawyer answers

    Interesting question. I would think that commercial lease laws would apply. I guess it depends on what the issue is. There are many similarities between the two sets of laws, so it may not make a difference which laws apply.

    3 lawyers agreed with this answer

  2. If I'm a tenant that got foreclosed on, are we entitled to our deposit? If so who who returns it, the previous owner or new one?

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    2. Richard C Koman
    3. James Carl Eschen III
    3 lawyer answers

    One can hope! Your security deposit is the personal obligation of your landlord, not the new owner. The only exception would be if your landlord gave the new owner the deposit amount and notified you that the new owner was, in the future, going to be responsible for your security deposit. I assume that didn't happen here. As such, the new owner is not responsible for the security deposit. You can sue your landlord in small claims court for the return of the money if you serve him with a...

    3 lawyers agreed with this answer

  3. Can a landlord release information about lease application without consent.

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    1 lawyer answer

    The answer to your question depends on what kind of information about you that is being released and under what circumstances it was provided to the landlord. For instance, the landlord cannot release your private financial information, social security number, any private health information (although, this kind of information is not likely in the possession of your landlord), and certain other personal information for which you have a legal right to privacy. In addition, if the information was...

    3 lawyers agreed with this answer

  4. I got sucked into a Mystery Shopper Scam. I received a check and deposited it at my wellsfargo branch.

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Richard Leigh Boyer
    3. Jonathan H Levy
    4. Nicholas Basil Spirtos
    4 lawyer answers

    I hope I'm not the only lawyer out here that doesn't know what a "Mystery Shopper Scam" is. I have never heard of this, and I don't understand why depositing a check in your bank account would result in charges against you (I assume you mean criminal charges). But if you have participated in illegal conduct, you may be able to "save" yourself by asking your bank to cancel the deposit. You should also consider contacting the police and turning yourself in. If you cooperate with the police, it...

    3 lawyers agreed with this answer

  5. How can I get help without hiring a lawyer to sue someone? He lives in Maryland and I'm in California.

    Answered over 1 year ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. John Noah Kitta
    4. Dave Bahr
    4 lawyer answers

    Based on the way you asked the question, it is evident that you have no legal training. As such, I would say it would be an enormous task for you to handle on your own. You're talking about a very complicated legal matter involving the law of another state, perhaps two states. You'll have to get some help from a lawyer to pursue your rights in this matter. I would expect that the lawyer you will need to get will be one who is licensed in Maryland.

    3 lawyers agreed with this answer

  6. I need to walk away.

    Answered almost 2 years ago.

    1. Jason Scott Buckingham
    2. Richard Leigh Boyer
    3. Frank Wei-Hong Chen
    3 lawyer answers

    If you mean stop making payments and let the lender foreclose, then you might have problems. Not because the lender is the same as for your primary residence, but because the anti-deficiency statutes do not apply to investment properties. So, if the lender receives less for the property than the balance of your loan, it could choose to pursue you for the "deficiency". Before you do anything irreversible, hire a lawyer.

    3 lawyers agreed with this answer

  7. 3 days Termination Notice

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Kevin Samuel Sullivan
    3 lawyer answers

    You should spend some money on a commercial real estate lawyer in your area. You landlord is not permitted to refuse your tender of full payment within the three day period following the three day notice, unless the notice was for a forfeiture of the lease on grounds other than non-payment of rent. In addition, if the three day notice also requested late fees, it is likely defective. You need to sit down with a lawyer and let her look over your lease, the notice you received and any other...

    3 lawyers agreed with this answer

  8. My tenant deposit a partial payment in my bank. can I give them a 3 day notice to pay the balance?

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. Frank Wei-Hong Chen
    3. Matthew Ronald Eason
    3 lawyer answers

    You bet. And you would be smart not to wait any longer. LL's get in trouble when they delay serving 3 day notices. You are running a business and need to protect yourself.

    3 lawyers agreed with this answer

  9. Can a residential landlord agree to reduce rent for some tenants and deny others the same reduction?

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Richard Leigh Boyer
    3. Wallace E Francis
    3 lawyer answers

    I agree with Mr. Chen. In the unlikely event your lease says you are entitled to a rent reduction if other tenants receive one, you would have the contractual right to a rent reduction, otherwise you are just going to have to negotiate with your landlord, providing compelling reasons why your rent should be reduced - and not just because other tenants' rents were reduced. But the landlord has no requirement to do anything other than obligations contained in the lease, and, of course, any...

    3 lawyers agreed with this answer

  10. Why are most female lawyers shameless? I'm a woman and an engineer. Is it because most female lawyers are used to getting

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. L. Maxwell Taylor
    3. Paula Brown Sinclair
    4. Richard Straussman
    5. Frank Marvin Nunes
    6. ···
    6 lawyer answers

    You obviously have had some bad experiences with lawyers. I have too. But I've also had bad experiences with engineers from working in construction and construction litigation for many years. I've seen some horrible mistakes made by engineers. And they were arrogant and unrepentant. And yet, I haven't decided that all engineers are horrible. Just like every other profession, there are a few bad lawyers. Just as there are bad doctors, bad nurses, bad accountants, bad gardeners, and bad engineers....

    3 lawyers agreed with this answer

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