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Tara Renee Burd

Tara Burd’s Answers

12 total


  • I sold a Coach bag online from a community sales page on Facebook.

    I sold a Coach bag online from a community sales page on Facebook. The purse was a gift from my mother and I don't know much about purses so i thought it was real. Well the girl who purchased it came to my house, looked at it, and handed me $55 fo...

    Tara’s Answer

    I would not worry. Strangely enough, I have handled a litigation over the sale of a $65,000 purse. Your purchaser here had an opportunity to inspect the purse, did so, then handed you money without any guarantee from you as to its authenticity. This girl also probably does not have proof that it's fake. $55 is not worth either a civil suit against you or criminal charges. Moreover, a good knock-off could easily cost $55.00 so the pricing was in no way outrageous.

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  • Renter with no rental agreement, moved in through previous renter while owner out of country .new renter has not paid rent

    do we need to follow legal procedure to evict renter ? he has no legal right as he moved in without talking to owner. Claims to have an arrangement to remodel home .After 7 months has not even finished bathroom and never paid any rent. What proced...

    Tara’s Answer

    California law doesn't allow for you to just change the locks. Follow procedure for an unlawful detainer as though he had a written contract with you. Since he has not paid rent, you can serve him a 3 day notice to pay or quit. It sounds like this tenant might believe he's in the right, so I suggest getting an attorney on your side in case this renter contests. Additionally, notices to pay or quit must follow specific legal requirements or they will not be upheld in court. Finally, it sounds like you may also be able to file a breach of contract claim against the original lessee. Depending on your contract terms, original lessee may still be liable to you for the rent of lessee's subtenant.

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  • What can I do about multiple health, safety, quality of life, and property damage issues?

    I went on vacation, and when I returned my apartment was flooded with sewage. The supers had a plumber knock a clog out of the 4th floor and it got stuck in my bathtub's drain on the 2nd floor, they found out about this when sewage and blackwater ...

    Tara’s Answer

    In addition to documenting everything, call you renter's insurance company immediately to report it. It is there job to start covering your costs such as a hotel room, if necessary. If you fail to call them right away they will be less apt to reimburse you after-the-fact.

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  • How can I contact a Torrance Superior Court's clerk via phone and directly talk to someone?

    I CANNOT figure out which of the many options will connect me. I need to talk to the court clerk, not use any of the automated services. I would go in to the courthouse, but it's very far and too much gas to keep checking in that way. (I need t...

    Tara’s Answer

    It sounds like you already have an open case. Have you tried looking up the judge handling your matter? It can be found on the Los Angeles Court Website. Look up Locations, and there is a Judge Directory tab. Good luck.

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  • I accused someone who works for my same employer of making threats. Can this person now turn around and sue me?

    Will my home owners policy defend me if the person I accused sues me? The employer investigated and found that my accusations lacked merit. Am I now liable under some theory of law?

    Tara’s Answer

    To add to my colleague: Absent further information, I am not aware of any instance in which a homeowner's policy would defend you in a suit unrelated to your home.

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  • If a tenant mails partial rent to the landlord after the S&C(U/D) has been filed can the landlord keep the money continued....

    And ask the court to credit the money toward the judgment. Or must the landlord return the money in order to proceed with the eviction by court jusdgment??

    Tara’s Answer

    Unlawful detainers require precision. This includes notice to the tenant which states the exact amount owed. If the landlord accepts the partial payment by the tenant, the notice is technically improper and the landlord must start all over again with the U/D process. If you're a landlord proceeding with a U/D, you need to decide whether the partial payment is worth starting the U/D all over again. If it's not, you don't want to accept the partial payment.

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  • Can not take possession of an apartment due to school canceling class, but signed a lease. What is our liability?

    Possession of the apartment has not yet occurred. The lease has a paragraph saying "Acceptance of Premises". But this did not happen as a specific apartment has not assigned, nor will be assigned until the day the lease starts. Do you have any ...

    Tara’s Answer

    Without reading your lease, it is impossible to know the extent of your liability. Generally, however, a lease will contain provisions that state when and how you may cancel it. It sounds as though you are leasing a school-apartment of some sort and there is likely language in the lease that releases your obligation if you can no longer attend classes. I suggest you start by reviewing your lease and then discuss the issue with the landlord immediately. Liability for any breach on your part generally extends only as far as the landlord suffers damages. The sooner you discuss the issue with the landlord, the sooner the landlord can mitigate, or reduce, any potential loss.

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  • The apartments where i live was recently sold and the new owners are trying to raise the rent but i have lease already.

    the apartments where i rent was recently sold and the new owners are raising the rent and are trying to get all of us tenants to sign new leases when we already have leases from the previous owner. i would appreciate any info you have on this matt...

    Tara’s Answer

    • Selected as best answer

    My colleagues are correct. Ultimately, your issue comes down to the terms of your lease. If you're in a fixed term, it is less likely the new landlord will be able to increase your rent. However, at the expiration of a fixed term, many leases allow landlords to raise the rent as long as the landlord provides adequate notice to the tenant (such as 60 days notice).

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  • What to expect from Unjust Enrichment defense?

    One of my affirmative defenses against debt collector includes Unjust Enrichment. So, if debt collector bought debt for 5 cents on the dollar, and judgement goes to plaintiff. 1- Will judge award plaintiff more than that 5 cents on the dollar?...

    Tara’s Answer

    Your affirmative defenses have nothing to do with what a judge ultimately awards. Affirmative defenses raise issues that are not otherwise raised by the complaint but that, if proven by the Defendant, can reduce Plaintiff's award (such as an off-set) or tip the results in Defendant's favor. Interest and attorneys fees are also completely separate issues. Attorneys fees may be awarded only if they are included in a contract on a breach of contract claim, or exist by statute. Without reading the Complaint it is impossible to determine whether attorneys fees may be awarded. It has nothing, however, to do with your affirmative defense.

    Unjust enrichment is an equitable remedy. As a defense, it merely says that it would be unfair for the Defendant to pay Plaintiff for some reason (depending on the facts and circumstances of the case) even if Plaintiff has a valid claim under the complaint.

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  • What legal recourse do I have against my landlord? Month to month rental agreement.

    Two weeks ago I informed my landlord that one of the roommates in the house I rent in was smoking marijuana and crack cocaine and made my entire room smell of drugs while I was hosting a weekly bible study.I told him I feel unsafe having this pers...

    Tara’s Answer

    Marijuana and crack cocaine are treated very differently under the law, including landlord-tenant law. Crack cocaine is an illegal drug which means the other tenant is breaking the law. In contrast, possession of marijuana in relatively small amounts is merely an infraction similar to a traffic ticket. The landlord probably has a right to divulge the information to the other tenant since he was, in theory, warning him to correct his behavior in order to protect your right to "quiet enjoyment." Whether and how your landlord has the right to evict you depends on the type of tenancy you have: month-to-month or term. It is far more difficult for a landlord to evict you if you signed a lease for a certain term. If it is month-to-month it is much easier, so long as the landlord follows the proper procedure and provides you with the proper amount of notice, as required by law. Ultimately, however, I agree with the previous attorney -- if this is not the type of environment you want to be living in, you should be the one to leave. Illegal drug use by other tenants is strong evidence that your right to quiet enjoyment has been violated and even breaching a term tenancy agreement is likely justified under those circumstances.

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