Richard C Koman's Answers

In a UD (Calif) and with proof of financial stress, can I receive a "fee waiver" and if so, how can I petition?

use the request for fee waiver/order forms to get the fee waiver. the form has specific income levels per household size (unless you receive govt benefits.) no idea what Claim for Statutory Damages but hopefully you're not referring to $600 damages for malicious withholding. dont' do that. you dont get the order for service by posting until you submit a motion for the order (there's no form for that - it's done on "pleading paper.") make sure you have proof of service of the notice.

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Can the cosigner give a 30 day notice whenever they want even though they don't live in the apartment?

Your mom is not the tenant. It sounds like she is a guarantor of nonpayment. In that case she has no rights and only liability. In any case, call the landlord and rescind the notice, apologize for your mom's behavior and make it clear that mom is not the tenant and cannot give notice. Most importantly pay the next month's rent immediately (or even early) so that the 30-day notice is ineffective.

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How can we prevent the landlord from camping out on the property we are renting from him?

More details, please. What repairs need to be made? Did you agree to move in and let him make the repairs while you live there? Did he indicate he would camp out while making repairs? He has no right to be on your property except with your consent. What did you consent to?

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If we have served a tenant (not on a lease) with a 30-day notice as she hasn't paid rent, what are our next steps?

When the 30 day notice expires and she has not moved, you need to file and serve an unlawful detainer action against her. The owner is the plaintiff, not you and the safest way is to have the owner sign the paperwork and fax it back to you. Don't forget the verification. Notice must be done properly. The complaint must adhere to the notice. You can lose these things very easily if you don't know what you're doing. You might seek legal counsel ;-)

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Does a company have the right to discriminate? Or would they say they have the right to refuse business?

If the 'legal company' is a law firm, they have no obligation to take your case. As mentioned, there is no discrimination against pot smokers. Depending on the circumstances, there could be discrimination against the disabled.

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How successful are less common landlord-tenant cases in small claims, e.g., covenant of quiet enjoyment, constructive eviction?

Damages on nuisance or quiet enjoyment would be measured by your emotional distress, beyond the statutory damages. If you were seriously emotionally racked -- unable to work, seeking psych help, etc., that would go further than just being pissed off. However, the court would probably look at factors such as the egregiousness of the violations, repetition of the incidents, disregard for your attempts to resolve the situation. Harrassing someone to move out is a serious matter. You are right...

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Landlord wants to do open house on weekends.

I agree with Mr. Driscoll. While they can show it to prospective buyers, they must give adequate notice (24 hours) in writing and it must be during business hours. I believe you can decline to consent to weekend showings, unless the two of you agree in writing to a stipulation for showings. I understand your concern about open showings. The law doesnt say you have to consent to open houses, only that landlord may show the house to prospective buyers. He can do that by making appointments...

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California, do I wait for tenant to contact me or do I contact tenant?

Which tenant was given 30 day? The attacker? Or all tenants? Assuming both, someone still has 27 days to go. If everyone is out, then you should put it in writing that the place has been vacated and post and mail to last known address. Wait the statutory time, then rekey.

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Getting Security Deposit back from Landlord, Proving "Bad Faith"?

If it's owned by LLC, sue them both. The burden is on him to show that he did mail something. So dont worry too much about proving a negative. Remember you can claim 200% penalty above the actual deposit that wasn't returned.

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How can we prevent our landlord from camping out on the property that we rent from him.

It sounds like the place is has serious habitability problems. Your legal counsel can guide you as to what steps to take to protect yourself. You have to consent to him staying there. If you don't consent he can't sleep on your land and use your utilities. On the other hand it may be worth it if he's going to repair the roof. You should assert your right to a non-leaking roof, as directed by your attorney. You may be able to withhold rent, but you must follow correct procedures.

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