James Vincent Sansone’s Answers

James Vincent Sansone

Santa Rosa Family Law Attorney.

Contributor Level 11
  1. Question on chapter13 bankruptcy, plan confirmation order in CA - help!

    Answered over 3 years ago.

    1. James Vincent Sansone
    2. Theodore Lyons Araujo
    3. Dorothy G Bunce
    3 lawyer answers

    Simply put, your future wages belong to the bankruptcy estate. Each year you must submit your income tax returns to the Chapter 13 trustee. If your income increases you may be required to make high plan payments since there would be more "disposable income" for creditors. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 jsansone@jamessansonelaw.com www....

    1 person marked this answer as helpful

  2. What are my rights regarding uninhabital living conditions?

    Answered over 3 years ago.

    1. Creighton A Mendivil
    2. Frank Wei-Hong Chen
    3. James Vincent Sansone
    3 lawyer answers

    In landlord-tenant law, a warranty of habitability is implied in a residential lease, see Green v. Superior Court, (1974) 10 Cal.3d 616 [111 Cal.Rptr. 704]. The law imposes certain duties on a landlord to maintain the premises in habitable condition. Failure to do so, such as providing adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises, may be legal justification for a tenant’s defensive acts, such as moving out (even in the...

    1 person marked this answer as helpful

  3. Tenant left after being served unlawful detainer. Owe me rent, damages, court fee's - how do I get monetary judgement now?

    Answered over 3 years ago.

    1. Heidi Aileen Coad-Hermelin
    2. Justin C. Lowenthal
    3. James Vincent Sansone
    3 lawyer answers

    If possession is no longer an issue you must notify the court of this. Once the court is informed that possession is no longer an issue, the court should move your case from the unlawful detainer calendar to a regular short cause civil calendar. Once this is done you may still obtain a judgment for the past due rent, however the court trial will no longer be on the unlawful detainer short deadline calendar. In the county I practice in, all this means is that your trial will be in 30-60 days...

    1 person marked this answer as helpful

  4. I got an eviction notice, but my landlord wont take my payment when he had advised me he would work with me. what can I do?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. James Vincent Sansone
    2 lawyer answers

    Your landlord MUST take your rent payment if it’s made within the 3 day notice period. Your landlord does NOT have to accept your rent after the 3 day period. If he does accept the fully rent, he waives his right to proceed with the eviction. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 jsansone@jamessansonelaw.com www.jamessansonelaw.com http://blog....

    1 person marked this answer as helpful

  5. I Live in California and entered into a 2 year lease agreement. In the agreement it states that if rent is not paid on the

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. James Vincent Sansone
    3 lawyer answers

    Yes, a landlord may serve a three day notice as soon as rent is late. In your case, the terms of the lease provide that rent is due on the 1st of each month, as you stated in your question. Thus, rent is late on the second day and a 3-Day notice would be justified. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 jsansone@jamessansonelaw.com www.jamessansonelaw....

    1 person marked this answer as helpful

  6. Regarding Avvo legal guide on security deposits and advance rent.

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. James Vincent Sansone
    2 lawyer answers

    There is no longer a formal distinction among tenant deposits, i.e., security, cleaning, last month rent, pet, key, waterbed deposits, etc. California recognizes only a unitary security deposit. This is defined as any advance payment to the landlord to be used to remedy defaults in rent payments, repair of damage to the premises exclusive of normal wear and tear, cleaning upon vacation by the tenant, or to restore damage to specified landlord personal property in the custody of the tenant where...

    1 person marked this answer as helpful

  7. I my 3rd dui last year,all misdemeanor's,my green card will expire 2013.Am i eligible to renew my greencard or get citizenship?

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. James Vincent Sansone
    3. Shiva Pal Gill
    4. Ekaette Patty-Anne Eddings
    4 lawyer answers

    As a DUI is not a crime of moral turpitude you should be able to reapply for your green card. However, you should first complete your probation than speak with an immigration attorney about becoming a citizen. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 jsansone@jamessansonelaw.com www.jamessansonelaw.com http://blog.jamessansonelaw.com DISCLAIMER /...

    1 person marked this answer as helpful

  8. How do I file for divorce if I don't know where my spouse is?

    Answered over 3 years ago.

    1. James Vincent Sansone
    2. Frank Wei-Hong Chen
    2 lawyer answers

    You, of course, first need to file the appropriate court paperwork. After that, you have to make a diligent effort to locater her. My office accomplishes this by hiring a private investigator to perform a "skip trace". A skip trace will usually produce possible locations for your wife. Then you hire a process server to attempt to serve her the pleadings at these locations. If after the skip trace you still can't find her, you need to file a motion to publish. This will allow you to...

    1 person marked this answer as helpful

  9. I DID NOT GET MY SECURITY RETURNED. THE LANDLORD DID NOT ANSWER THE CERTIFIED LETTER OR RETURN MY PHONE CALL MESSAGES

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Steven Alan Fink
    3. James Vincent Sansone
    3 lawyer answers

    Under California law, 21 calendar days or less after the tenant moves out, a landlord must either: ■Send the tenant a full refund of the security deposit, or ■Mail or personally deliver to the tenant an itemized statement that lists the amounts of any deductions from the security deposit and the reasons for the deductions, together with a refund of any amounts not deducted. Failure of the landlord to provide a full refund, or a statement of deductions and a refund of amounts not deducted,...

    1 person marked this answer as helpful

  10. How long time does a landlord have to repair a leaking roof (in California)?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. James Vincent Sansone
    2 lawyer answers

    In landlord-tenant law, a warranty of habitability is implied in a residential lease. The law imposes certain duties on a landlord to maintain the premises in habitable condition. Failure to do so, such as providing adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises, may be legal justification for a tenant’s defensive acts, such as moving out (even in the middle of a lease), paying less rent, withholding the entire rent until the...

    1 person marked this answer as helpful

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