James Coy Driscoll's Answers

Is Small Claims Court worth it to get my deposit back from a terrible home owner?

Bear in mind that in addition to getting the wrongfully withheld security deposit back, the court may award you an ADDITIONAL two times the amount wrongfully withheld. That means you get a total of three times the amount wrongfully withheld. If your rental agreement had an attorney fees clause, you may want to talk to a lawyer about suing your former LL in regular court, rather than small claims court, where the total amount you can get is $7,500.00. This is not legal advice and does not...

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Landlord wants to do open house on weekends.

My colleague above omits a few points. California Civil Code section 1954 says that other than in the case of an emergency, a residential landlord can only enter your home during NORMAL BUSINESS hours. I construe normal business hours to be 9-5, M-F, excluding holidays. That means no weekend showings, unless you decide you want to allow them for your own reasons. California Civil Code section 1954 also says that a residential landlord may not abuse the right of entry or use it to harass a...

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We just found out that foreclosure process has began on the house which we are renting. Where should our next month payment go?

However, since you have nine months remaining on your lease the bank, or anyone else who buys the property, has to honor that remaining time, unless the new owner wants to move in. This is not legal advice and does not create an attorney-client relationship. The information about is a general statement of the law. Reviewing a case and giving legal advice to a client requires more information than can be exchanged in this format. If you need legal advice, contact an experienced tenants'...

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Can owner take away or force me to change my parking space?

Yes, you have rights. Regardless of wheter there is a written lease, you have a rental agreement regarding the parking space. Since you are renting the space in the same building as in which you live, the parking space is likely a part of your leasehold that may not be severed from your leasehold without Just Cause under the SF Rent Ordinance. If your landlord bars you from parking in the space, you can sue your landlord to get the parking space back. You may be able to get attorenys'...

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Commercial Landlord tenant Disputes

If by an out, do you mean do you have a way to get ou the lease? Likely, yes. By renting you an illegal unit and not informing you of its illegal status, you landlord committed fraud by concealing that fact from you. By doing so, he also violated the duty of good faith and fair dealings implied in every California contract. You should contact a local tenants lawyer who has experience with commercial leases. To find one, you can Google the LA County Bar Ass'n and look on their website for...

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The house I rent is in short sale. As the renter, am I obligated to "show" the house? If not, can I bargain the rent with owner?

Your landlord's right to enter your home are restricted by California Civil Code section 1954. That section says a landlord may enter your home to show it to perspective purchasers; however, there are restrictions on this right. You must be first given written notice that the house is for sale; you must then be given 24 hours written or oral notice that the landlord will enter to show the property; the showings must be during normal business hours, which I interpret at M-F, 9-5, excluding...

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Landlord failed to tell me someone was living in the garage attached to the house.

If you rented the entire property, including the garage, and the landlord had someone living in the garage, the landlord failed to deliver possession of the property to you; the property was partially possessed by the garage-dweller. If this is the case, you should be able to get your security deposit back. If you have to sue the landlord in small claims court (maximum $7,500), I would also ask the court for punitive damages for fraud. See the website below for Nolo's website. They publish...

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Can a landlord make me pay for an apt that I never moved into, or put any money down on?

You are liable for your agreements, including a lease, even if you do not put money down. If you fail to perform, your landlord must attempt to limit his losses by getting another tenant, which he has done. Your liability should be limited to the amount of rent up to when the other tenant moved in. You may want to get any proof you can of the other tenant living in the apartment. This is not legal advice and does not create an attorney-client relationship. The information about is a...

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Do weekends count with 3 day notices (residential California)

Yes, but legal holidays do not. For example, if you are served on a Thursday, you count: Friday, Saturday, and Sunday. Sunday is the third day. But since the LAST day under the notice must be a day that the courts are open, you have until Monday to act. If Monday is a legal holiday, you have to Tuesday to act. This is not legal advice and does not create an attorney-client relationship. The information about is a general statement of the law. Reviewing a case and giving legal advice to...

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My rent contract is gonna expire in october and I need to move out now .What will happen to me since I will not pay the fees?Tks

First of all, you cannot be arrested or put in jail for not paying your rent. If you move out without a good reason HAVING TO DO with the condition of the apartment, then you are liable for the balance of the lease. However, the landlord also has a duty to attempt to find replacement tenants. The landlord can sue you for the unpaid rent. If he wins the lawsuit, he will have a judgment against you. That means if he can find where you work or have money in the bank, he can try to take it....

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