Scott Robert Rights’s Answers

Scott Robert Rights

San Diego Landlord / Tenant Lawyer.

Contributor Level 12
  1. Can I Sue My Landlord for Trespassers Who Hurt My Family?

    Answered almost 3 years ago.

    1. John Addison Vos
    2. Frank Wei-Hong Chen
    3. Scott Robert Rights
    4. Christian K. Lassen II
    5. Daniel Malis
    6. ···
    6 lawyer answers

    John Addison Vos offers good advice. If you told the landlord about a problem and he didn't respond, then his negligence may have contributed to the problem. You should speak with a personal injury lawyer immediately. Scott Rights, Esq.

    8 lawyers agreed with this answer

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  2. What rights do tenants have in CA regarding renewing a lease?

    Answered almost 3 years ago.

    1. Scott Robert Rights
    2. Frank Wei-Hong Chen
    3. Kevin Samuel Sullivan
    3 lawyer answers

    San Diego doesn't have a rent control ordinance. The landlord can increase the rent, and sometimes they will forgo a rent increase if the tenant agrees to another one year lease. It's usually easier to keep a tenant than find a new one. If you don't sign a new lease, and the landlord continues to accept rent, then the agreement reverts to a month-to-month tenancy. The landlord can then terminate the tenancy at any time by serving a 60 day notice. In San Diego they must state the reason for...

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  3. Illegal "Guest House", shady landlord, and relocation fee?

    Answered almost 3 years ago.

    1. Scott Robert Rights
    2. Frank Wei-Hong Chen
    3. Frances Miller Campbell
    3 lawyer answers

    If the building is illegal and doesn’t have a certificate of occupancy, then it’s illegal and you don’t have to pay rent. If it were legal, then the terms of the lease address the method of payment. The demand for cash is against the lease terms. Look here… http://www.dca.ca.gov/publications/landlordbook/living-in.shtml#checkcash for information on the cash payment issue. California Civil Code section 1950.5 addresses security deposits. It is not allowed to state that a security deposit is...

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  4. Hi i do owe rent because the landlord refused to take the rent money they gave a letter saying per there attorney they can't

    Answered almost 3 years ago.

    1. Scott Robert Rights
    2. Frank Wei-Hong Chen
    2 lawyer answers

    If you're referring to an attempt to pay after the service of a 3-day notice to pay or quit, then it sounds like the 3 days has expired. After that period, there is no requirement that the landlord accept rent. The landlord is most likely going to serve you with an unlawful detiner summons and complaint, and you will have 5 days to respond with an answer after served. You can find information of the proper service of the notices here... http://www.dca.ca.gov/publications/landlordbook/...

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  5. My husband moved out of our leased home. Now divorced, I am stuck with a rent I cannot afford. Am I really solely responsible?

    Answered almost 3 years ago.

    1. Scott Robert Rights
    2. Nicholas Basil Spirtos
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Did he move out as a result of the separation? When you say "divorced" is it final or are you in family court in the process of getting a divorce? Scott Rights, Esq. www.sandiegoevictioncenter.com

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  6. Does Request for Dismissal in UD Case Need to be Served to Defendant?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Scott Robert Rights
    2 lawyer answers

    Since you don't know "DOES 1-10" you cannot serve them. The dismissal is effective when filed.

    6 lawyers agreed with this answer

  7. If my landlord surrenders the property during bankruptcy, can she sue me for back rent?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Scott Robert Rights
    3. Kelly Donovan Jones
    4. Benjamin Carroll Graves
    4 lawyer answers

    Until the bank actually forecloses, the owner is still the owner. As long as the landlord was the owner of record, your obligation is to pay the rent to her according to the rental agreement. When the lender wrote the loan, if it was intended that the property be used as a rental, they usually attach a rider that provides that they have a right to rents, should the borrower fail to make payments. They first have to notify the tenant. If you were never notified by the lender, then the rents...

    6 lawyers agreed with this answer

  8. I sent landlord a 30 day notice to move by email. Are emails considered legal notice if he has always accepted emails as such?

    Answered almost 3 years ago.

    1. Scott Robert Rights
    2. Frank Wei-Hong Chen
    3. Rabeh M. A. Soofi
    3 lawyer answers

    You can find information about serving notices here... http://www.dca.ca.gov/publications/landlordbook/terminations.shtml#properserviceofnotices Scott Rights, Esq. www.sandiegoevictioncenter.com

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  9. Is there a law in San Diego, CA (92105) that requires landlords to provide garbage disposals in rental units?

    Answered almost 3 years ago.

    1. Scott Robert Rights
    2. Frank Wei-Hong Chen
    3 lawyer answers

    On further review, I’ve been unable to find any new laws requiring a landlord to provide garbage disposals. I would be very surprised to hear that such a law exists. That being said, if a tenant is spreading that word to other tenants, then you should address this with your tenants to be proactive in keeping them happy. Stress that you are eager to comply with all laws and that you work hard to keep the units in a habitable condition. I would also ask them to keep you appraised of any...

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  10. What if a bank asks you to leave a property due to non-payment of the mortgage, but the landlord still wants rent?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Scott Robert Rights
    3. Kathryn Ursula Tokarska
    3 lawyer answers

    The only way the landlord can "put something on your record" is if he filed a lawsuit and then got a judgment. If you didn't respond to the lawsuit, then he can request a "default" judgment and this is most likely what appears on your record. You need to act quickly, and make a motion to set aside default. It sounds like the lawsuit wasn't properly served, so you shouldn't have a problem setting it aside.

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