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Travis Conrad Logue

Travis Logue’s Answers

10 total

  • If a tenant moved within 3 days of a 3-day notice to pay rent, can an eviction proceed anyway?

    Tenant was given 3-day notice to pay rent or quit at the end of the 3-day grace period. Tenant moved 2 days after notice and left keys at rental office, unit in pristine condition. This is a very tiny complex managed by the owners. We are not s...

    Travis’s Answer

    Based on your description of the facts, since the tenants vacated the unit after you served them the 3 day notice to pay or quit, an unlawful detainer action (or eviction proceeding) is unnecessary. The purpose of an unlawful detainer proceeding is to gain lawful possession of the premises. Since the tenant gave you the keys and it appears you have other facts which indicate that they have surrendered possession, you now have legal possession of the premises. You should concentrate on re-letting the premises. You may bring a small claims action for breach of contract against the Tenant who may have prematurely vacated the Premises for back rent.

    However, your situation is very fact sensitive and the landord/tenant laws are quite tricky. You should hire an attorney to help you.

    Furthermore, this answer should not be considered legal advice and does not create an attorney/client relationship.

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  • Is Landlord responsible to damage to tenant's property?

    I live in a large house that is also occupied by the landlord. I have discovered many of my personal items missing, such as a set of chef's knives, silverware, quite a few kitchen items that are gone. Small items, but maybe $200 total. I also had ...

    Travis’s Answer

    The question is not whether the Landlord is responsible for the damage or the missing items but whether you could prove to a small claims judge that the Landlord is responsible. You should try to document whatever you can with pictures or letters to the Landlord with the purpose of memorializing events that transpired (or that you think transpired). Also try to obtain witnesses who may be able to help you in a small claims action by testifying against the Landlord. If individuals are not able to testify in a small claims action on your behalf, you should obtain sworn declarations which support your case.

    This answer should not be considered legal advice and does not create an attorney/client relationship. You should hire an attorney in NJ to help you with your issue.

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  • Can landlord enter tenant's unit while tenant is home without giving tenant a chance to open the door herself?

    Tenant rents upper duplex; Landlord lives below. Landlord's unit had sudden water leak and runs upstairs, pounds on door while opening door with her own keys within seconds, not giving Tenant a chance to open door.

    Travis’s Answer

    The Landlord would likely argue that an emergency/exigent circumstance (i.e. potential water damage) allowed and justified Landlord to enter the Tenant's unit. Without the existence of the water leak or some other reason justifying their entrance, the Landlord could be guilty of a forcible entry and certain statutory damages.

    Please be advised we do not have an attorney/client relationship and this is not legal advice. You should hire an attorney to provide you with legal assistance.

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  • Can I request to pay less in rent if a pest problem keeps me out of my apt?

    I notified management of a mouse being seen in my unit on 9/29. I set two traps on 9/30. They called a pest control company and an inspector came out on 10/5. A return visit was made on 10/7 because I wasn't pleased with the service provided (they...

    Travis’s Answer

    It appears the landlord, by virtue of the management company, is making a good faith effort to remedy the situation. If the landlord was not making a good faith effort to fix it, depending on what provisions are in your lease, you might be able to use the "repair and deduct" remedy.

    If you unilaterally make a lower rental payment next month, you could be in breach of your lease and your landlord could serve you with a 3 day notice to pay or quit.

    Please be advised that we have no attorney-client relationship and that this should not be considered legal advice. You should hire an attorney to ensure you follow the provisions in your lease and the applicable landlord/tenant statutes.

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  • Can a misdemeanor show up on a background check from 16years ago

    trying to get job at preschool

    Travis’s Answer

    Yes. There are sites on the internet which may show this information. You should hire an attorney to expunge your record pursuant to California Penal Code § 1203.4. You may even be able to do it yourself if you go to the criminal law clerk's office in your county. You should also be aware that even when you get your conviction expunged, sites on the internet may still show you have the conviction on your record.

    If an order for relief pursuant to 1203.4 is granted, you are able to lawfully state that you have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer. The exceptions, where disclosure is required, are set out in the statute:

    “The order does not relieve him of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.”

    This means that if applying for public office, seeking any license from the state (real estate, stock broker, doctor, lawyer, etc.) or contracting with the California State Lottery, the conviction must be disclosed (although it can be disclosed as an expunged conviction).

    You should verify you do not have to make such a disclosure for a job at a pre-school.

    Also, please be aware that we have no attorney-client privilege and that this should not be considered legal advice. You should hire an attorney to answer all of your questions.

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  • Under CA real estate and mobile home law, what is a grandfather clause

    Hi, I live in a mobile home park in El Cajon and was wondering what constatutes a grand father clause. I have had a small boat for over 25 years and we always had lots of rv parking. Now they are telling me I must more it out of the park. Do I ha...

    Travis’s Answer

    A grandfather clause is an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations. You should review your park's rules.

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  • OH state residential real estate laws purchase and sale agreements, seller did not provide full and accurate disclosure

    the seller agent listing on a home I recently purchased read that the furnace and airconditioning was new (07)....it is not, it is infact almost 10 yrs old, what legal grounds do I have for small claim suit on a new furnace?

    Travis’s Answer

    Your cause of action could be fraud, failure to disclose, or misrepresentation. In CA, Seller's are obligated to disclose all material facts that affect the value or desirability of the real property.

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  • Real estate disclosure laws in OK state, seller's obligations to disclose on purchase and sale agreement

    Is there real estate disclosure laws in Oklahoma,

    Travis’s Answer

    In CA, Seller's are obligated to disclose all material facts that affect the value or desirability of the real property.

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  • Fro landlord in CA. Tenant broke lease, brought dog, agreed verbally to clean carpet/uphol, but didn't. can i charge for same?

    Landlord did not do walkthru after tenant left, landlord had carpet/uphol cleaned, charged against security deposit. Is landlord liable since walkthru was not done. Landlord also learned tenant broke lease two more times, had another tenant an...

    Travis’s Answer

    You might bring it up but a judge may rule it is irrelevant to the issue at hand, which is that the Landlord failed to offer to a walk-thru with Tenant. The purpose of the walk-thru is to give the tenant an opportunity to fix any of the potential deductions. Landlord is also obligated to provide an itemized list of deductions and a refund of the security deposit within 21-days after the end of the lease.

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  • Land lord is not fixing things that dont work in my house apt.

    Land Lord says it is written in the contract "as is" . The outlets dont work, cant get the heat on. Kitchen sink leaks, bathroom tub keeps clogging and backing up. Won't insulate or allow plastic on the windows. I call and have writen him letters ...

    Travis’s Answer

    Landlords have an obligation to maintain the covenant of habitability. They are not allowed to disclaim this obligation. Arguably, the landlord is violating this covenant by failing to take corrective action for the issues you mentioned. You should document all of your requests to the landlord in writing and perhaps make a complaint to the city or county health department. You may want to investigate the "repair and deduct" remedy as well which allows you to repair the deficiencies yourself and to deduct the cost of repairs from your rent. However, there are some limitations in utilizing this remedy and you should contact an attorney to provide you with legal counsel.

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