Travis Conrad Logue’s Answers

Travis Conrad Logue

Santa Barbara Real Estate Attorney.

Contributor Level 7
  1. Can I request to pay less in rent if a pest problem keeps me out of my apt?

    Answered about 5 years ago.

    1. Travis Conrad Logue
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered about 5 years ago.

    1. Travis Conrad Logue
    2. Pamela Koslyn
    3. Frances Miller Campbell
    3 lawyer answers

    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-...

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

    Answered about 5 years ago.

    1. Travis Conrad Logue
    2. Steven Alan Fink
    3. Pamela Koslyn
    3 lawyer answers

    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.

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

    Answered about 5 years ago.

    1. Brian Neal Gurwitz
    2. Travis Conrad Logue
    2 lawyer answers

    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...

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

    Answered about 5 years ago.

    1. Travis Conrad Logue
    1 lawyer 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.

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

    Answered about 5 years ago.

    1. Travis Conrad Logue
    2. Pamela Koslyn
    2 lawyer answers

    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.

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

    Answered about 5 years ago.

    1. Travis Conrad Logue
    1 lawyer 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.

    1 lawyer agreed with this answer

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

    Answered about 5 years ago.

    1. Travis Conrad Logue
    1 lawyer answer

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

    1 lawyer agreed with this answer

  9. Is Landlord responsible to damage to tenant's property?

    Answered about 5 years ago.

    1. Travis Conrad Logue
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered about 5 years ago.

    1. Travis Conrad Logue
    1 lawyer 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...

    1 person marked this answer as helpful