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Michael Robert Bracamontes

Michael Bracamontes’s Answers

113 total


  • Could you tell name the laws which protect me?

    My boss offered me sex for a higher position. I refused and he has made my work a nightmare. He reduced my position and salary twice with no reason. I told that I'll claim to EEOC and he promised me to make my salary three times larger. After this...

    Michael’s Answer

    You need to contact an attorney right away. Your employer's actions, as you describe them, give rise to claims of sexual harassment and retaliation prohibited by state and federal law. California's Fair Employment & Housing Act ("FEHA") prohibits this kind of treatment. While you also have federal claims, California laws offer broader protection.

    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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  • My landlord will not fix my heat.I informed him in Jan 2011.Can he do that ?

    He wants me to fix it or he wants me to vacate in 30 days?My mother was hospitalized for phnemonia.

    Michael’s Answer

    No. The landlord is required to provide heat under Civil Code 1941. Contact the landlord in writing and demand the heater be repaired. Also, contact your city building inspector.

    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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  • Does a tenant have the right to know that his building has bed bugs?

    I live in a large apartment complex and recently found out that one of the buildings has bed bugs. I talked to the management regarding this and they said for me not to repeat this to anyone or else. What can I do legally and shouldn't the manag...

    Michael’s Answer

    You have a right to know if the bed bug infestation has spread to the common areas. A landlord has an obligation to keep common areas clean and sanitary (and free from rodents or pests). Contact the landlord in writing. You can also contact the City Building Inspector.

    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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  • Some one illegal occupied my condo with out rental agreement? what should I do?

    I have rental property and tenant moved out few days ago. The neighbors informed us some one has moved in and changed all the lock. what is the illegal right as owner? and what is the best way to handle? thru the lawyer or police. We are in proc...

    Michael’s Answer

    Try the police first. If the police are unable to help, you may also be able to serve a 3 day notice instead of a 30 day notice. Contact a local attorney to see what local ordinances apply.

    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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  • Can a land lord sue after a year for damages!i left the home in good condition..i belive hes trying to collect on money lost

    on maybe not renting as fast as he thought

    Michael’s Answer

    The landlord may sue for up to four years after you move out depending on the terms of the lease and whether the landlord is suing for a breach of the lease. But I agree, that the landlord will have a tough time proving you caused the damage a year later.

    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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  • What are example of things you can deduct from security deposit when lodgers moved out?

    My lodgers(tenant) renting room of my house will move out in a week. I saw a couple of scratches on the common walls which is caused by them moving in before. What are the things I can deduct from their security deposit? Would wall scratches like ...

    Michael’s Answer

    Check Civil Code section 1950.5 for a list of items that you may deduct. Generally, you cannot deduct for ordinary wear and tear, but may deduct for returning the property to the condition it was in at the time you rented it.

    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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  • What happens if a process server ask a tenant(defendant) if there are unnamed occupants in the house, the tenant says no,

    so that the process server does not give a prejudgment claim of right to possession to those unnamed occupants. Will the sheriff be able to evict all the people in the house when the time comes and not just the defendant? Thanks in advance.

    Michael’s Answer

    It will be up to any unnamed occupants to file a post-judgment claim to the right of possession in order to enforce their rights.

    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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  • Eviction of tenant and recovery of rents due.. relatively large amount of money. Technical questions, how best to proceed..

    We rent our single family dwelling a couple, over 10 years. Only 1 rent increase, but chronic late pays. We finally applied a 10% fee, hoping to motivate timeliness.. Didn't work. Still further behind in 2010, due to unemployment. We hung in there...

    Michael’s Answer

    If the unit has been in the same condition since 2010, you should seek all of the back rent in the current unlawful detainer. Your verbal testimony that he always paid rent with a check, along with your written records of payment will be your proof that rent is due and owing.

    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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  • Is a landlord entitled to past due rents if she rented us a home that was later deemed unsafe to live in?

    We were rented a home with severe foundation problems, which was finally assessed by a city engineer to cost about $189,000 to fix. The landlord assured us an inspector would come out to make sure the home was safe, but didn't do so for 6 months,...

    Michael’s Answer

    If a landlord fails to provide a safe and habitable environment then you may be entitled to a rent credit for rent paid. How much of a rent credit will be determined by a judge or jury. If the foundation was the only thing that was wrong and there was no damage to your person or property, it will be hard for a trier of fact to value the case without some type of expert.

    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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  • Unlawful detainer vs. small claims in Sacramento, CA

    I made the mistake of leasing office space to a LLB in Sacramento, CA #1. He is trespassing on an adjoining suite otther than his lease. I have started an Unlawful Detainer case for back rents and or eviction. #2. He stopped paying his sh...

    Michael’s Answer

    If you requested the back rent in the UD, you need not pursue a small claims case. However, if the CAM charges were not included in the UD, then you may need to proceed with a small claims action.

    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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