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Richard Allen Hurlburt

Richard Hurlburt’s Answers

4 total

  • I have a long term lease in a bank forclosure. alot of repairs needed. I have been writing them for months nothing fixed yet!!

    The bank has sent people out to view the problems but have fixed nothing for months i found out the house has been a pending sale for the last 6 months no one told me anything. I keep documenting the repairs and contact the bank and listing agent ...

    Richard’s Answer

    The

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  • Can Landlord Deduct for Utilities from security deposit?

    The House is on a shared meter in oakland, ca. The PG&E bill was kept in owners name. Can a landlord legally deduct for unpaid utilities from the security deposit.

    Richard’s Answer

    If (1) the terms of the lease or rental agreement provided for the tenant to pay utility fees, and (2) there are unpaid utility fees left over when the tenant vacates, then the answer is yes. Otherwise, no. For general information about security deposits, the controlling authority is Calif. Civil Code § 1950.5.

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  • Tenant refuses to pay rent for the next 3 months (until he leaves) SUDDENLY states that $10 a day late charges were illegal

    he has been a tenant for last six years in a single family home that i own in S.F.i told him to continue paying me rent and that any dispute of late charges that occurred is independent of any current and future rents owed. am i right ? what is my...

    Richard’s Answer

    You should know first, I am a tenant's rights attorney in San Francisco. That's my orientation. I don't represent landlords. That said, in response to your question, you really should contact an experienced SF landlord's attorney to assist you. I know it may seem like a simple set of questions you have asked here, but the answer depends on the terms of your rental agreement, the whole rent payment & rent increase history, the circumstances underlying why the tenant is refusing to pay rent, whether or not the Rent Ordinance applies to your situation & how. (Maybe the rent increase limitations don't apply but the "just cause" eviction limitations do.) Maybe your tenant is gone by now and there is no litigation? In that case, you got lucky.

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  • How can a landlord legally evict a tenant (other then late rent)?

    Want to do a remodel to an apartment (kitchen and bathroom) and tenant is being difficult

    Richard’s Answer

    The answer to your question depends on the facts of the particular situation. Evictions are controlled by several sources of law which overlap and are constantly evolving. For example, there are terms in the oral or written rental agreement, state statutes & case law about how the terms of the agreement are applied, there are state eviction statutes, local ordinance(s) regulating rents and providing "just cause" limitations on evictions. But not all these laws will apply. Every situation is different. So, perhaps the best answer to your question is this: a landlord may be able to legally evict a tenant, but would be well advised to contact an experienced landlord-tenant attorney and talk about it first.

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