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Michael Lee Mau's Answers
- 61 Legal Answers
- 3 Legal Guides
2
Attorney answers:
What is the statute of limitations to collect debt in california?
The statute can vary depending on facts not stated. For breach of a written contract, the statute of limitations is typically four years from the date of the breach. Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized without our express written permission. Our practice is generally limited to administrative, state and federal...
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1
Attorney answers:
I am being evicted from mobile home park and have no funds to move my home by eviction date.How to file stay of execution?
It is an unfortunate situation, but the lack of ability to pay, or the lack of a job, is not a basis to stop an eviction. The filing of bankruptcy, if required, would create an automatic stay of an eviction however, but for that you would need to consult with a bankruptcy attorney. Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized...
3 people marked this answer as helpful
1
Attorney answers:
CA landlord tenant law, landlord's duty to provide new tenant smoke free unit
The answer would depend on various factors. Was this advertised as a smoking or non-smoking unit? Were you aware of the previous smoker tenant? Is the existing smoke smell too severe such that it is affecting habitability? What does your lease say or not say in this situation? Either way, you should complain to the landlord, in writing, to see how they might accommodate you. Nothing contained herein shall be construed as specific legal advice, and is provided as general information only....
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1
Attorney answers:
CA residential landlord tenant act, section 8 housing, tenant's right against landlord notice to vacate
Generally in California, a landlord can issue a three day notice to pay rent or quit if rent is not paid in a timely fashion, including on Section 8 housing. Section 8 requirements may extend certain deadlines between the parties, but it generally does not take this right away. You can consult with a local attorney on this for specifics, or contact HUD or your other local agency that facilitates the Section 8 program. Nothing contained herein shall be construed as specific legal advice,...
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3
Attorney answers:
Will a traffic ticket in California be dismissed if the officer failed to issue a ticket at the traffic stop?
A case will not automatically be dismissed due to a lack of a ticket at the traffic stop, since a citation was ultimately issued. In addition to contesting it and possibly setting it for trial, review the citation carefully to see if it is accurate as to date, identify, vehicle i.d., etc., and if not that may be grounds to request a dismissal. Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for...
2 people marked this answer as helpful
1
Attorney answers:
Does CA landlord tenant law require landlords to keep former tenant files for a certain period of time
Generally a specific time is not mandated, but it would be a good idea to keep such records for at least 4-5 years to cover the statute of limitations for most claims. A practical suggestion is to keep these records digitally as that would not require physical storage space. Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized...
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1
Attorney answers:
Builder's failure to disclose fire lane requirement under CA real estate law, buyer's remedies
The right to obtain a refund of a purchase deposit is typically described in detail, in the purchase agreement. If you meet the conditions under the agreement, a party may be entitled to a refund but it is difficult to say either way without seeing the actual agreement. If it is a small deposit, then Small Claims Court may be a quick remedy. If it is a large deposit, then you should consult with a local Real Estate Attorney. Nothing contained herein shall be construed as specific legal...
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4
Attorney answers:
How do I start my own small business in construction?
Just as a start, figure out what type of business you want to form, i.e. sole proprietorship, corporation, partnership, LLC, etc. Then check with your state licensing board that governs contractors for specific requirements and further guidance. Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized without our express written...
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2
Attorney answers:
I hired a contractor to paint my house, they did not finish it. they got 1/2 payment. I finished it myself- do i have to pay?
If your contractor did not finish the full project, they are not entitled to full payment. Generally they would then only be entitled to claim the reasonable value of the services actually performed, and you could counter-claim your costs in completing the work to the extent those costs exceeded the balance of your agreement. Consult with a local construction law attorney for further details. Nothing contained herein shall be construed as specific legal advice, and is provided as general...
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3
Attorney answers:
How long is a lien good for on residential construction projects? thank you
Claims of Lien or Mechanic's Liens have a duration that varies according to state law. In California, a Mechanic's Lien is only good for 90 days before it must be foreclosed, but in a Texas jurisdiction the lien period could very well be longer.
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