Lawrence Robert Jensen's Answers

My tenant has cashed his security deposit refund less deductions and now wants to sue me for the difference

Unless there was an express or implied agreement between you and the tenants indicating that the check was in full settlement of their claims, they were free to cash the check and still pursue their claims against you. Such an agreement can be made by, for instance, writing on the check or in an accompanying letter that the check is "payment in full" of all claims. Even better would be a written agreement confirming that the check represents payment in full of all claims and the tenants are...

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If we are cosigners on a real estate loan that is upside down and the primary signer defaults what can happen to us?

If the loan you co-signed on was obtained at time of purchase in order to finance acquisition of a single family residence intended to be occupied by the primary borrowers, the lender would be barred from any remedy besides foreclosure. Meaning the only damage to you would be to your credit rating.

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Can apartment charge to replace carpet when it wasn't new to begin with?

Disputes over security deposit refunds are very common, unfortunately. In hindsight, it would have been a very good idea to have written a letter to management when the stains first showed up, so you could document the date you first noticed them and bolster your current argument that you should not be responsible for them. The basic rule applicable here is that the tenant is only responsible for damage beyond "reasonable wear and tear" that occurred during the tenancy. Of course, what is...

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Maximum legal intererest rates in CA

Under California's usury law, the maximum rate of interest chargeable for a private loan is 10% per year, simple interest. However, numerous exceptions apply, based generally on who is making or arranging the loan. Most banks and similar institutions are exempt from the usury law. Also, loans arranged by real estate brokers that are secured by real property are also exempt from the usury law. If an exemption applies, there is no limit under California law. If interest only kicks in when...

For posting and mailing a 60 day notice to a renter, I'm not sure what posting is?

Posting means exactly that. Our process servers usually put the document to be posted in a one gallon plastic bag and use duct tape to tape the bag to the front door. Posting must be done in a conspicuous place, so we usually post the front door. Please note that posting and mailing is not the appropriate method to serve a 60-day notice terminating tenancy, unless personal service and subservice have both been tried first, and failed. However, there is another proper way of serving 30 or 60...

My name was illegally removed from mine & my mothers house. The notarized signature was forged!!! Then it was put in a trust.

If your mother recorded a deed granting you an ownership interest in the house, you technically became an owner immediately, not later when she dies. So this is not the correct way of passing title after death - that must be done with a will or a trust instrument. If you and your mother both agreed at the time the deed was signed and recorded that despite the recording of the deed, you were not supposed to be an owner until she died, that oral agreement might be enforceable. Most...

I was served with a 5 day Notice to Vacate by a Sheriff, but never received any other type of notice, Is this legal?

No lease termination notice is required in certain situations, such as where the lease has expired. Or where the occupant is a subtenant and an incurable breach has occurred. Other times, a notice is required, but "service" of a lease termination notice does not necessarily mean that the notice was personally served on the occupant. If the occupant is not available, the notice may be served on another occupant and mailed, or posted in a conspicuous place on the leasehold property and also...