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Scott Robert Rights

Scott Rights’s Answers

211 total


  • What non-face-to-face method can I (landlord) use to provide a 60 day lease non-renewal to my residential tenants in CA?

    Standard lease termination - home will be sold. Tenants have been contentious and difficult; we need legal proof that they have been served but it needs to be done impersonally. Should I hire a process server? The wife is pregnant and I don't wish...

    Scott’s Answer

    Certified mail is fine. This is from California Civil Code 1946.1 " (f) The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail."

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  • How can I prevent eviction?

    My former spouse was evicted from our old apartment/unit. My children and I moved to a different unit (same complex). As part of his visitation rights, my spouse has to come by at my new apartment at least twice a week (2 hours/visit). I was s...

    Scott’s Answer

    Since he isn't on your lease and isn't residing in your unit, you most likely cannot be evicted for his actions. His visiting you is not grounds for eviction. That being said, you should look at your lease/rental agreement, and see what it says about any restrictions put on your visitors. If your visitors are causing you to some how violate lease terms, then the landlord can notify you to stop such behavior. Beyond explaining the situation to your landlord, there isn't much you can do. I would outline this in a letter, and put the management on notice that you will be defending any potential action. I would hope that if you find any restrictions in your lease, you will be able to convince your former spouse to comply. It's in his interest too.

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  • Can my former landlord charge me for refinishing the whole floor?

    We found some scratches on the living room floor and try to fix it but stained it the wrong color. Now the landlord is redoing his whole floor and charging us for all of it, because he says just fixing the stained area will not "match" the rest of...

    Scott’s Answer

    • Selected as best answer

    Are you still in possession? Generally the landlord will do a walk-through prior to vacating. This is to give you an opportunity to discuss problems, and give you the chance to make repairs. If you caused some damage, it is in your interest to have it professionally repaired to protect your security deposit. If you've moved out, then he can charge for repairs, but not to the extent of putting a new floor in at your expense. You can read more about security deposits and damage here... http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

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  • Do I need a real estate attorney?

    My father just moved in with his girlfriend in January of this year and signed a year lease with her. Both their names are on the lease, but my dad wants to break the lease so he can move out since the relationship is going down hill and it is hur...

    Scott’s Answer

    Does the girlfriend also want to get out of the lease? If so, they can approach the landlord and explain the problem. I doubt the landlord would have any problems with them terminating the lease as long as he/she is protected against financial loss. In that case, your father would have to pay to market the unit and allow the landlord to screen for a new tenant to sign a new lease. If the landlord agrees, your father could sublease the unit, but that is less than ideal. The best solution would be to find a new tenant and have a new lease. If the other situations, the landlord could come after your father for any problems with the new subtenant. It will cost you father a little bit of money, but as long as the girlfriend agrees, there is a solution.

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  • My landlord posted U.D. on door/ entered house with keys & camera can i use in answer Can I sue? Do I have case?

    My rent is $7,000 a month in Huntington Harbor, CA Our funds are tied up and we have gotten behind in the rent but we have gotten behind before and got caught up. Isn't there a law that the owner/landlord can not enter the premises without conta...

    Scott’s Answer

    The unlawful detainer process is strictly to determine right of possession, so the unlawful entry would be a separate issue heard in another matter. That doesn't mean you cannot talk to the landlord and see if you can negotiate with him. If you vacate the premises, the unlawful detainer action will be converted to a civil action, with a different timeline. l

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  • I have a chevy 2500 pick up truck that has been tagged by private security for a parking violation as a commercial vehicle .

    Its been OK and not an issue for 4-5 years. Why now is it OK for them to site the vehicle. The CC&R's do not specifically call out for my truck as prohibited. In fack it states a 1 ton or less is OK my truck is3/4 ton. Any comments would be gr...

    Scott’s Answer

    I would contact the private security company directly. Show them the manual and your lease and tell them that you will hold them liable for any towing charges. Of course you'll want all of this in a letter that you can deliver to them also. I doubt they will cause you any trouble once you show them everything. You can also find out if this was at the direction of the management, or if the security officer was acting on his own.

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  • I got three day notice from my landlord

    Since I got three day notice , I am going to move out, but I want to know what do I owe to my landlord, what legal prosedures woukd be taken against me , and how is it going to affect my credit history?

    Scott’s Answer

    Talk to your landlord and keep him informed. After the 3-Day expiration, an unlawful detainer action can be filed. Once served, you will have 5 days to respond to the complaint. It should be noted that once you move out, an action for unlawful detainer will not be allowed to go forward. Should you get served with a summons and complaint, it is critical to not ignore the response time. You must file an answer.

    Most landlords are most concerned with recovering the premises. Once you move out, the landlord can sue you in small claims court or with a regular civil action to recover unpaid rent, but many don't. Your credit report will not reflect anything until you have a judgment against you. Judgments will stay on your credit report for about 7 years.

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  • Do I try and fight an unlawful detainer?

    I paid My rent on the 10th, but 3 day notice was given on the 6th, I just recieved My money orders by certified mail. What do I do.

    Scott’s Answer

    I would talk to the landlord to negotiate a settlement. If he hasn't already filed an unlawful detainer lawsuit, then he most likely will soon. If he isn't accepting rent, then he wants you to forfeit the rental agreement and move out. If you are served with a summons and complaint, do not ignore it. You must answer. It is best if you address this to avoid having a judgment on your credit report. In addition, it will make finding a new place more difficult. As attorney Frank Wei-Hong Chen pointed out, without other facts, you will not be able to defend the eviction.

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  • If rent is due no later than the fifth and I have it by the fifth doesnt he have to be available to pay him

    My landlord is causing me grieve cause I said that I could western union him our rent or deliver it in person on the fifth since per the lease it would be late on the sixth I, if he requires it by the fifth doesnt he have to be available on the fi...

    Scott’s Answer

    Generally, if you can deliver the rent as requested, you should be okay. If you can drop a payment in the mail slot, that should be adequate. He cannot serve you with a 3-Day Notice to Pay or Quit until you are late. So should that happen, you will still have 3 days to comply with payment.

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  • Is it legal for an apartment to evict someone when the rent payment is still being accepted

    i was late on my rent, my apartments complex started the eviction process, i was in contact with management and they accepted my rent payment so i was caught up but they still locked me out

    Scott’s Answer

    If they accepted rent, then an unlawful detainer action based on unpaid rent would be in error. Rather than answer the complaint, you would file a motion to quash stating that grounds for issuing a summons based on an unlawful detainer action do not exist.

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