Robert William Wright’s Answers

Robert William Wright

Solana Beach Contracts / Agreements Lawyer.

Contributor Level 5
  1. Seeking recommendation for help: mom's been forced out of her apt (of 20 yrs) for mold damage another tenant caused, thx

    Answered almost 2 years ago.

    1. Robert William Wright
    2. Eric Jerome Gold
    3. Michael Ryan Juarez
    3 lawyer answers

    Need more details. ie why is your mother being evicted for another tenant's leak? Did she refuse to pay rent due to the mold issue? No matter what route you choose to seek help - do it asap. Ignoring a landlord's intent to evict is not a wise decision.

    2 lawyers agreed with this answer

  2. How many days can a landlord take to give a portion of your deposit back after you move out of an apartment?

    Answered almost 2 years ago.

    1. James Michael Slominski
    2. William Stanley Fitch
    3. Robert William Wright
    4. Carlton C Casler
    4 lawyer answers

    Under California law, the landlord is required to return the security deposit (and/or send an accounting of any portion withheld) within twenty-one days after the date the tenant vacates. According to recent caselaw, If the landlord fails to return the security deposit within this timeframe, she loses the right to keep any of the security deposit and therefore should return the entire deposit. Keep in mind that none of this is "automatic" and you likely will need to go to court to enforce...

    2 lawyers agreed with this answer

  3. I have a lease with 7 months left, residential, the property was just sold by the bank, new owners want us out asap. Can I stay?

    Answered almost 2 years ago.

    1. Robert William Wright
    1 lawyer answer

    A tenant's rights in a residential lease continue post foreclosure and generally the tenant can stay until the natural termination of the lease.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Can a landlord serve a 3 day eviction notice to someone because of company

    Answered almost 2 years ago.

    1. Robert William Wright
    2. Kevin Samuel Sullivan
    2 lawyer answers

    More info would be required. However - nothing is going to restrict the landlord from serving the notice. The real issue is whether there is a lawful basis for doing so. After the three day notice expires, your friend will not be "automatically" evicted, and (absent certain extraordinary circumstances) the authorities will not force you out of your home. The landlord must then proceed with an unlawful detainer, at which point your friend will get to make their case before the court.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Initial Walk-Through inspection event not done by Landlord and Tenant together.

    Answered almost 2 years ago.

    1. Robert William Wright
    2. William Stanley Fitch
    3. Adam Jay Jaffe
    3 lawyer answers

    The law does not require an initial walk through. However, pictures taken by the tenant prior to move in or during move in showing previously damaged items will certainly be persuasive to the court, and may serve the same purpose of a move in inspection. It is likely to be more difficult for tenants to prove fraud or mistake sufficient to rescind an undesirable lease if they intentionally elect to forego the landlord's invitation (or recommendation) to conduct appropriate prelease...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Can new commercial property owner make current tenants sign new lease ?

    Answered almost 2 years ago.

    1. Robert William Wright
    2. Tai Christopher Bogan
    3. Thomas J. LoSavio
    3 lawyer answers

    Absent any provisions in the lease agreement that provide otherwise, the new owner will assume the rights and obligations of the previous owner, and the new owner will be subject to the pre-existing lease to the same extent the previous owner was.

    1 lawyer agreed with this answer

  7. I have been scammed and they are still trying to evict me? can they? How do I stop the unlawful eviction?

    Answered almost 2 years ago.

    1. Robert William Wright
    1 lawyer answer

    More facts would be helpful. I don't completely follow your description above, but it appears that you entered a lease in 2010 with a "landlord" who was foreclosed upon in 2009. If this is true, the "landlord" had no rights in the property to convey to you and the lease is not valid. In any case, prior to eviction, you must be first served with, at a minimum a three day notice to quit. At the end of this three day period, the owner must then file and serve an unlawful detainer. You...

    1 person marked this answer as helpful

  8. I am not i a lease the owner has just told me that she is short sale and I have to be out in 3 weeks... what is my rights..

    Answered almost 2 years ago.

    1. Robert William Wright
    1 lawyer answer

    Generally, the lease is not affected by the short sale, and you can continue to reside in the home for the duration of the lease. However, if you are renting month to month, then absent certain conditions (including harassment), the landlord can legally terminate the lease provided proper notice.

    1 person marked this answer as helpful

  9. Can a landlord (apt. manager) simply make-up a lie which indicates a tenant has made threats against him, with no proof?

    Answered almost 2 years ago.

    1. Robert William Wright
    1 lawyer answer

    I am unclear as to what your question is. Has your manager threatened to evict you? Without more information it is impossible to directly answer your question. However, as with all disputes, make sure to keep detailed records of all correspondence and communication, including date/time, general subject matter, parties involved, etc.

    1 person marked this answer as helpful

  10. Is it legally permissible for a landlord to do a monthly walk-through of the premises upon receiving payment of rent?

    Answered almost 2 years ago.

    1. James Coy Driscoll
    2. Robert William Wright
    3. Wendy Ha Chau
    3 lawyer answers

    The landlord can generally enter the premises only following 24 hr notice to tenant or w/o notice in case of emergency. Assuming the lease does not specifically provide for dates/times when the landlord would like to enter the premises, the tenant does not waive his right to notice.

    1 person marked this answer as helpful