Marc Drew Whitham’s Answers

Marc Drew Whitham

San Diego Landlord / Tenant Lawyer.

Contributor Level 7
  1. Lived in rental for 9 years. A mold problem was found. Do i still have to pay rent for the time it has taken me to move out?

    Answered almost 4 years ago.

    1. Marc Drew Whitham
    2. Steven Singh Dhillon
    2 lawyer answers

    You may have good cause to assert a demand that your landlord reimburse you for your moving expenses or reimburse you for losses that you suffered as a result of the rain damage to your personal property. This depends on your history with the landlord and your appetite for confrontation. You need to decide from the outset whether you are interested in pushing for your rights to a reimbursement of some rent money, or whether you simply want to avoid paying full rent during your last month in...

    1 person marked this answer as helpful

  2. 3 Day notice

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Marc Drew Whitham
    2 lawyer answers

    It is a good idea to document the discrepancy between the date on the notices and the dates when they are being posted on the property, as well as the fact that the notices are not arriving in the mail. I would suggest that you write to your landlord the next time that this happens and mention that the notice is being posted three or more days after the date on the document. Make sure that the letter has the date, your name, and your address. Make a copy of the letter before you send it to...

    1 person marked this answer as helpful

  3. I need to know if I am responsible for the costs of an exterminator for bed bugs or is the landlord responsible for the costs?

    Answered about 2 years ago.

    1. William Stanley Fitch
    2. James Michael Slominski
    3. Jeffrey David Montez
    4. Marc Drew Whitham
    4 lawyer answers

    The other attorneys who have already posted are correct that the best answer to this question is: it depends. The facts surrounding the infestation are paramount. Much will depend upon how long have you lived in the unit,, whether they existed in other units, whether management has done anything to eradicate pests in the building that may have caused them to invade your apartment, as well as other details. I would recommend that you speak with an attorney about asserting your rights, and...

  4. My landlord is kicking me out 7 months into a 12 month contract lease. He will only give me up to $1,000 to move out.

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. Brandy Ann Peeples
    3. Rixon Charles Rafter III
    4. William Stanley Fitch
    5. Marc Drew Whitham
    6. ···
    6 lawyer answers

    You do not have to agree to your landlord's demand to move out early. I would strongly recommend that you get the assistance of a tenants' rights attorney. Feel free to contact me in order to discuss further.

  5. Landlord tenant: CA Civil Code: 1942.5 for someone with extreme sensitivities. Can someone with Westlaw or Nexus please help?

    Answered over 3 years ago.

    1. Marc Drew Whitham
    2. Michelle A. Perfili
    2 lawyer answers

    In order to give you the appropriate advice for your situation, I would need to know more about what you mean by "corporate tried to bully me out of my lease." 1942.5 makes it illegal for a landlord or property manager to take certain actions after a tenant has made complaints about problems within their rental unit that violate the implied warranty of habitability. The most important thing is that your troubles with the apartment and your particular sensitivities to the things that...

  6. My landlord slandered me to family and friends when I was unable to pay rent...

    Answered over 3 years ago.

    1. Richard Eric Anthony Dwyer
    2. Joseph Stephen Tobener
    3. Richard Forrest Gould-Saltman
    4. Marc Drew Whitham
    4 lawyer answers

    I agree that you do have reason to sue for the defamatory statements, but it is very important that you have all of your witnesses and evidences in order and well documented. Make sure that from this point forward you are documenting everything that takes place within your rental and everything that your landlord does. Take lots of photos of the conditions in the home. Make your complaints in writing and keep copies them. Under Civil Code section 1940.2 it is also illegal for a landlord...

  7. What are my renters right?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Marc Drew Whitham
    2 lawyer answers

    If this is a residential tenancy and you have lived in the property for more than a year, then under California law, you have a right to receive 60 days notice to terminate. If you have lived there for less than one year, and if you live in a City without any eviction or rent control laws, then a 30 day notice is what the law requires, unless you have a fixed term lease agreement which gives you a right of possession for a fixed period of time. In that case, your landlord must wait until the...

  8. MY LANDLADY CALLED MY EX AND MOMSAYING I WAS HAVING SEX W MEN FOR RENT AND DRUG MONEY NEITHER IS TRUE WHAT CAN I DO ABOUT THIS?

    Answered over 3 years ago.

    1. Marc Drew Whitham
    1 lawyer answer

    If you can establish with credible evidence that she falsely told others you were prostituting yourself for money, then that would be a basis to sue her for defamation. Your landlady cannot enforce the verbal agreement to terminate your tenancy. She could serve you with a notice to terminate the tenancy, but it must give at least 30 days if you have lived at the property for less than one year. If you've been there for over one year, then you have a right to at least 60 days notice...

  9. I live in an apartment and we have a mice problem I have been complaining and they put in glue traps and said they hired

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Marc Drew Whitham
    3. Steven Singh Dhillon
    3 lawyer answers

    It is important that you communicate with your landlord about the problem in writing. Send dated letters that identify your address and clearly state that the situation with the rodents is unacceptable. Make sure that you keep copies for yourself. If you want to send home to the landlord that you are serious,send the letter certified mail with return receipt, so that you have a signature showing they received it and include a copy of a complaint to code enforcement. (You can get the online...

  10. Payed property mgr to stop eviction but still served

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Marc Drew Whitham
    3. Carol Lynne Zimmerly
    3 lawyer answers

    You need to make certain that the plaintiff in the unlawful detainer does not go forward in court. I would send a fax immediately to the attorney that filed the lawsuit that includes a copy of the receipt showing that your rent payment was accepted, and a demand that they send you a copy of the request of dismissal to be filed in court and when they intend to file it. I would also state in the letter that if the case is not dismissed and you are forced to file an answer in court, then you...