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Clifford Edward Fried

Clifford Fried’s Answers

6 total

  • Displaced due to a flood (owners fault). Landlord agreed to pay hotel & movers but are now refusing. Can I withhold rent?

    Our apartment flooded due to a faulty washer & dryer hose. We were displaced for 12 days before they allowed us to move into a temporary unit. We paid the hotel bill & movers upfront (they agreed in writing to reimburse) and they are now refusing ...

    Clifford’s Answer

    It wouldn't be wise to withhold rent on the temporary unit. You could be subject to an eviction for breach of the temporary rental agreement. You would be better off paying the rent and suing the landlord in small claims court for the money you are owed.

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  • Tenant has not washed one dish in years. Can master tenant and other cotenant make a tenant to clean up after herself?

    To make long story short....I lived with my spouse in his family home for 20 years. He passed away last year. We have a tenant/friend renting a room. She paid small rent to him, but when he passed away she stopped paying rent, because she does not...

    Clifford’s Answer

    Your ultimate remedy is to terminate the tenancy of your roommate and find a new tenant that is more compatible with your lifestyle. It appears that you reside in San Francisco which has eviction controls. However, a provision of the San Francisco Residential Rent Stabilization and Arbitration Ordinance permits a master tenant to evict a roommate without just cause for eviction.

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  • If a case is under court jurisdiction is the plaintiff allowed to open a new case on the same matters ?

    plaintiff filed a eviction after we notified him of intentions to with hold rent via a certified ,notarized letter , plaintiff was found in breach of uninhabitable rent was reduced , he was ordered to fix and pay our costs of 1900 for air quality ...

    Clifford’s Answer

    A landlord of residential property may not demand rent, collect rent, or issue a three day notice to pay rent or quit if there are outstanding code violations and the landlord was cited by the City. Civil Code Section 1942.4 creates an absolute defense to an eviction lawsuit based on nonpayment of rent if the outstanding code violations have not been abated 35 days beyond the citation from the City.

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  • Our landlord went to our apartment yesterday for a move-out inspection. Can she blame us for rust?

    We paid a cleaning company, the apt didn't have any damages, except for some rust in the bathroom light, in the kitchen's sink, on the side of the fridge, and pretty much some more in things that were made of metal. Our landlord wants us to pay fo...

    Clifford’s Answer

    A tenant could be responsible for "rust" if there was a failure to use a ventilation fan or open a window to let moisture out of the unit. Some use of rental units lead to an excessive amount of moisture which can lead to conditions that are not reasonable wear and tear.

    But your question says that the unit was a "very small and humid in-law apartment." It could be that the unit was non-permitted and illegal for your landlords to rent. The unit might have been untenantable from the outset. You may have a claim against your landlord for breaching the warranty of habitability.

    Also, your landlord may not have complied with the security deposit laws and the process for returning deposits after you vacated. You should have received something in writing within 21 days after you vacated. If not, you are entitled to your entire deposit back. File a claim in small claims court to get your deposit back.

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  • Discovery abuse sanctions

    In pro per, when requesting sanctions for discovery abuse, do I submit a copy of all receipts for costs (ie: photocopying, etc) or just list all expenses in the motion and request? (As a calculated total with each expense listed with cost)

    Clifford’s Answer

    You do both. Prepare a declaration under penalty of perjury itemizing all costs. Next to each item have a reference to an attached exhibit. Each exhibit supports the item of costs that you are claiming. Good luck.

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  • Our landlord is repainting, and paint fumes are entering our apartment and causing headaches. Can we make her stop?

    The building my family lives in is being renovated by the owner, which includes removing lead-based paint from the exterior and repainting with oil-based paint and primer. Several times, we've come home to an apartment that reeks of paint fumes, o...

    Clifford’s Answer

    There is little you can do to stop your landlord from painting your building. However, once the painting is completed, you may be able to file a decrease in services petition with the Oakland Rent Board. You could even check into a hotel while until the painting is completed and add your lodging expenses as part of your Rent Board petition. The Rent Board might reduce your rent because of the problems created by your landlord.

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