Michael Robert Bracamontes’s Answers

Michael Robert Bracamontes

San Francisco Personal Injury Lawyer.

Contributor Level 11
  1. CA residential landlord tenant law, tenant's rights for quality of life disruptions from loud neighbors

    Answered over 5 years ago.

    1. Michael Robert Bracamontes
    2. Frank S Hong
    2 lawyer answers

    Every lease contains an implied covenant of quiet enjoyment. In other words, the landlord has contracted to provide you with the exclusive use and possession of the unit you are renting. A landlord's act or omission that substantially interferes with your ability to use your premises is a breach of the covenant of quiet enjoyment. However, minor annoyances do not constitute a breach. Thus, if the noise you're complaining of is the typical walking and occasional loud bumps and thuds that all...

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  2. Front door lock - Landlord want to change- Building up for Sale

    Answered about 5 years ago.

    1. Michael Robert Bracamontes
    2. David C. Garner
    2 lawyer answers

    If the property is covered by the San Francisco Rent Ordinance, your landlord or the new owner cannot evict you without paying the applicable relocation expenses. If the landlord has been making unnecessary inspections and is constantly coming to your home, it could be a breach of the covenant of quiet enjoyment and may also be a violation of the Rent Ordinance. Additionally, once an owner move-in eviction has been done on the property, another owner cannot come in later and perform a...

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  3. Can I legally evict a tenant who claims that they have a prescription for medical marijuana under CA landlord tenant laws

    Answered over 5 years ago.

    1. Scot Andrew Candell
    2. Frances Miller Campbell
    3. Michael Robert Bracamontes
    3 lawyer answers

    Although medical marijuana use in California is legal, it is still an illegal drug per the federal government. Users of medical marijuana in California are not a protected class and cannot sue for discrimination based on that alone. Notwithstanding, given that there is no written lease, I assume the tenancy is month-to-month. If she has lived there for less than a year then you can give her a 30 day notice to move out. If she has lived there for more than a year, then you have to give 60...

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  4. Landlords rights to tenants breaking the lease agreement in sacramento,ca

    Answered over 5 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    If your lease agreement does not allow the tenants the option of breaking the lease with a certain amount of notice, they are obligated to pay rent until you find a new tenant. They may also be liable for the costs associated with finding a new tenant, such as marketing. You have an affirmative obligation to mitigate your damages by taking reasonable steps to secure new tenants. It would be prudent to send them a letter explaining that they're on the hook for rent until a new tenant is found....

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  5. I took 4 days of PTO. Dr's note requested I not return to work for another week.Is it premature for employer to push FMLA on me?

    Answered over 3 years ago.

    1. Michael Robert Bracamontes
    2. Michael Robert Kirschbaum
    2 lawyer answers

    If the reason you're out for an extended period of time is related to a chronic illness, you should make written requests for reasonable accommodations to the employer and keep a log of their responses. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  6. Possible to break lease based on reasonable expectation that contract will be breached by other party?

    Answered almost 5 years ago.

    1. Michael Robert Bracamontes
    2. Dana Howard Shultz
    2 lawyer answers

    Based on the facts as you've described them, there does not appear to be grounds for you to break the lease. However, if you don't think you'll receive your security deposit back, you could withhold rent during your last month. While you may be hit with an eviction lawsuit or three day notice, once you move out, the only thing at issue will be the damages for the last month's rent and your security deposit, which should cancel each other out. Disclaimer: You should discuss your situation...

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  7. Under CA landlord tenant laws, what are legal grounds for landlord to reject prospective tenant lease application

    Answered almost 5 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    A landlord may reject a prospective tenant's rental application for any reason or no reason, so long as it's not an improper reason. By "improper" I mean discriminating against a prospective tenant based on race, religion, nationality, family status, etc. If you have a policy against renting to rude people, that is perfectly legal. Plus you probably don't want a tenant in there that doesn't get along with the neighbor as you will likely be drawn into future squabbles. Disclaimer: You...

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  8. Can dementia relatives (not spouses) be forced to pay for care?

    Answered over 5 years ago.

    1. Michael Robert Bracamontes
    2. E. Alexandra Golden
    2 lawyer answers

    Interestingly, the answer is yes. An adult child is bound by law to support a parent who is in need and unable to maintain himself or herself by work, to the extent of the child's ability. The action to enforce the child's duty can be brought either by the parent or by the county. For example, if the county has stepped in to help the dementia patient, and discovers that there is an adult child that could be assisting in the payment of care, the county has the right to sue the child for...

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  9. CA landlord tenant law, tenant's rights against uncooperative landlord

    Answered over 5 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    Every lease contains an implied covenant of quiet enjoyment. In other words, the landlord has contracted to provide you with the exclusive use and possession of the unit you are renting. A landlord's act or omission that substantially interferes with your ability to use your premises is a breach of the covenant of quiet enjoyment. However, minor annoyances do not constitute a breach. Thus, if the noise you're complaining of is the typical walking and occasional loud bumps and thuds that all...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. (Contract Law) General Contractor in California did not pay me for subcontracted training in Chicago, IL.

    Answered over 5 years ago.

    1. Michael Robert Bracamontes
    1 lawyer answer

    If the company reached out to persons (such as yourself) in Chicago, you should be able to sue them in Chicago. However, you may not be able to sue them in small claims court unless they have an Illinois office. You should definitely call a local attorney. Most lawyers will give you a free 20 minute consultation. Best case scenario is that a nasty letter from an attorney does the job. Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general...

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    1 person marked this answer as helpful