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Laurence Louis Spitters Jr

Laurence Spitters’s Answers

257 total


  • What legal right do I have? and what actions should I take?

    I paid $6500 to an individual (not a business) per a verbal contract for body and paint work on my truck. I paid him over the course of 5 or 6 checks, as he showed me work was being completed. He then said he needed to take some time off (a month)...

    Laurence’s Answer

    You may have remedies with the California Bureau of Automotive Repair. You can look up the BAR on the State website. Otherwise, try to get some of your money back by filing a complaint in Small Claims Court.

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  • Do I Have A Case Terminated In Lieu of Conformation of On The Job Injury?

    I don’t have enough room to explain it all. I was a federal employee for USMC-MCCS, Basically I suffered an on the job injury. Can hardly use my hand. Placed on light duty. I had to get them to take a injury report while being advised that HR may ...

    Laurence’s Answer

    You cannot be terminated for reporting or because of a workplace injury. You should contact an employment attorney in your area. The local EEOC office keeps a list of attorneys. Otherwise, you should contact the bar association for the county where you reside and speak to someone in the Lawyer Referral Service.

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  • Can I void a Stipulation?

    I entered into a Stipulation to resolve a landlord/tenant dispute. The basic terms of the Stipulation was that I would move on a certain day and all back rent would be waived. This was NOT a nonpayment case. It was involving a 60 Days Notice that ...

    Laurence’s Answer

    When you filed the motion to quash, you should have been charged an appearance fee. If you have filed the appearance fee, send the plaintiff's attorney a copy of the receipt. From what you have indicated, the stipulation has not been filed with the court. If it has been filed, you can get one from the court. The stipulation is a contact that is enforceable. I am not sure why you would want to back out. It would cost a lot and probably leave you in no better position than you are now. You could end up having to pay the plaintiff's attorney's fees. I would call the landlord directly and ask him to send you copy of the stipulation.

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  • Does a landlord have to tell the tenant the name of the mold inspection company he wants to bring into the house to inspect?

    The landlord provided names of mold inspectors that turned out to be illegitimate with no business licenses let alone other qualifications. When checking the next name he provided I found out he had no appointment scheduled and that in 2011 that s...

    Laurence’s Answer

    I am not aware of any requirement that the landlord give you the name of the mold remediation contractor, but it would make good sense to do so to confirm he has engaged a reputable contractor. You may want to contact the local housing inspector and have the person conduct and inspection and issue a citation to the landlord. The city should require a proper contractor be engaged and that the remediation be performed properly.

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  • New lease for long time tenants with no provision for current condition of unit.

    I moved into a rent-controlled Los Angeles apt with my then spouse in 2006. He moved in the unit in 1998, with a month to month lease and he has been the only one on the lease. Building is in slumlord condition in a very desirable neighborhood....

    Laurence’s Answer

    You should see if the Rent Control Ordinance addresses this issue, or if the Rent Control Board has issued regulations governing such circumstances. Since you are on a month-to-month tenancy now, the landlord can terminate your tenancy upon proper notice (as required by the Rent Control Ordinance and the Civil Code) unless you come to an agreement for a longer term lease. You may be able to get the landlord to agree to fix the place up (paint, carpets, etc.), as that will be necessary if he terminates your tenancy and must fix the place up for a new tenant. If there are ongoing habitability issues, those should also be addressed. You may need to consult with an attorney familiar with the LA Rent Control Ordinance.

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  • Property manager refuses to show me the utility bill (water, sewer, trash). She says I'm not allowed to see it. Is that legal?

    A third party utility billing company manages the billing in our complex for water, trash, and sewer. The lease agreement states that our bill will be based on the actual master bill for the property and we will be billed based on the square foota...

    Laurence’s Answer

    Since your lease provides that your rent is based on an apportionment of the master bill, you should have a right to review the master bill to confirm your rent is being calculated accurately. If the landlord refuses, you will need to pursue your legal remedies.

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  • Termites

    I'm renting a home in Ca. If there was a termite infestation who's responsible the landlord or the tenant?

    Laurence’s Answer

    The landlord. You should advise the landlord of the problem and give the landlord a reasonable opportunity to deal with the problem. If the landlord fails to respond, you should contact the City's Code Enforcement department and request and inspection.

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  • Living in an appt where manager won't fix anything without raising rent. Have an overbearing amount of roaches. What can I do?

    Landlord fixed all other apartments on property however refuses to fix mine without raising the rent. Also have been living with roaches and rodents and very little has been done to treat the issue.

    Laurence’s Answer

    You should contact the City's code enforcement or housing enforcement. The Inspector can issue a citation requiring the landlord to get rid of the vermin.

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  • What is the Civil Code when a landlord cuts or denies a benefit the tenant used in the past?

    I have been using the benefit of a storage area in the house I live since 2009, but my landlord is a hoarder of a lot of junk that is never used and because a year ago more stuff was brought into the house this landlord cut and denied that I keep ...

    Laurence’s Answer

    If you have a fixed term lease, the terms cannot be changed during the term of a lease. If you have a month to month tenancy, the landlord can alter the terms upon giving proper notice under Civil Code Section 827 (notice requirements) and Code of Civil Procedure Section 1162 (service requirements for changes other than the amount of rent). These requirements may be altered by SF rent control ordinances.

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  • Who is responsible for a roommate's items when not taken? Person on the lease or the landlord?

    Couple broke up. Lessee gave 30 day notice to landlord. Exgirlfriend ( lived there, but hasn't stayed there in over 2 weeks, and is not on the lease) started moving her items out, but may not finish by the time lessee leaves ( which is earlier th...

    Laurence’s Answer

    If the person was a tenant under the lease, the landlord is responsible. If the person was a subtenant, then the tenant is responsible. Civil Code Sec. 1980, etc. that explains how abandoned property must be handled.

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