Richard C Koman’s Answers

Richard C Koman

Santa Rosa Litigation Lawyer.

Contributor Level 13
  1. I'm renting a condo. The shower glass door fell on a friend, and had to get 4 stitches = +$2000. Landlord unwilling to pay.

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Richard C Koman
    3. James Alan Greer
    4. James Coy Driscoll
    4 lawyer answers

    A small claims case, really? Not necessarily. As far as negligence, the owner is likely to have liability if the door was negligently installed. it is more likely that it was incorrectly installed than that there is product defect. Meds seems very low at 2000 --- is that just what she had to pay under her insurance ? pain an suffering could be more substantial than the 10k small claims limit, ESP if there are broken bones. talk to a pi lawyer on your area before you go the small claims route

    1 lawyer agreed with this answer

  2. If a manager alleges a problem, does she have to give the tenant the chance to correct the problem before terminating a lease?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Nicholas Basil Spirtos
    3. Richard C Koman
    3 lawyer answers

    you don't say that you don't know what the problem is, only that she wouldn't tell you what the complaints were. so if you know, you should stop if you can. since you are disabled, it may be that evicting you over your disability could be a discrimination or it could be some sort if violation if the Ada -- just throwing out some thoughts here -- no facts to support any of this. legal analysis is fact driven as always

    1 lawyer agreed with this answer

  3. In terms of a "break lease fee", should a tenant be liable for such monies regardless of extenuating circumstances?

    Answered over 1 year ago.

    1. Seyed Abbas Kazerounian
    2. Richard C Koman
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Right. a week of no ac in hot locale is a breach of the lease/warranty of habitability, so you have no liability for break lease fee. they have to return deposit or accounting within 21 days ... even if they claim they're applying it to rent or fees so you bring small claims for deposit or counterclaim if they sue you probably no rent was owing if it was always uninhabitable

    1 lawyer agreed with this answer

  4. Need to know the proper steps to evict a tenant.

    Answered almost 2 years ago.

    1. Richard C Koman
    2. Lawrence Hindin Geller
    2 lawyer answers

    FIrst of all there are great resources online for this question, including my own awesome Avvo guide, "How to Evict a Tenant in California," and the state's landlord/tenant guide. So quick answer here: After the three days run, you need to file an unlawful detainer case with the local court (filing fee $435), have it served on the tenants (process server $50-$100). From the date of service tenants have 5 days to file papers with the court. If they don't take a default, obtain a judgment, have a...

    1 lawyer agreed with this answer

  5. What can i do to make my landlord install a radiator in my bedroom

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Richard C Koman
    2 lawyer answers

    It's not really clear if the electric heater is a legitimate heating unit, or just space heaters that you're using. In any case, the LL has to provide heat in the bedrooms, and it sounds like there is no heat in the bedrooms, just a main heating unit (electrical)? or space heaters. Write demands on paper, keep copies, sent certified mail. Keep a record of your requests for reasonable accomodation. Maybe they will cover the utility bill, etc. but I believe they need to provide heat in the...

    1 lawyer agreed with this answer

  6. Can a landlord evict an 87 year old woman with no cause? Always pays on time and causes no problems.

    Answered almost 2 years ago.

    1. James Carl Eschen III
    2. Kevin Lewis King
    3. Lara Ruth Shapiro
    4. Richard C Koman
    4 lawyer answers

    In theory this is a retaliation defense to eviction case. However it is a question of proof. Your complaints were probably oral. If so it is a difficult case. Are there emails, texts, or letters or witnesses ? If so you have a better chance. Similarly, what is the proof of no hot water?

    1 lawyer agreed with this answer

  7. 21 day deposit deductions list - are receipts required by law? Are landlords mandated to fix everything.

    Answered almost 2 years ago.

    1. Adam Jay Jaffe
    2. Richard C Koman
    3. James Michael Slominski
    3 lawyer answers

    Good answer from Mr. Jaffe. You don't have to have the work done within 21 days, but you did have to provide a written estimate at least. It sounds like you did that. So the question is, as noted, why is it the tenant's responsibility. You don't get to charge for normal wear and tear and you dont get to charge the tenant to put in a new carpet unnecessarily.

    1 lawyer agreed with this answer

  8. Advice on specific situation. Termination of tenancy and recovering deposit.

    Answered about 2 years ago.

    1. Richard C Koman
    1 lawyer answer

    I feel like this issue comes up a lot. My position is that while the law requires the landlord to give the notice, your LL may have an out with the written notice in the lease. And if the judge feels the deductions are legit, he's likely to given them to the LL. Was it reasonable to not make the requested repairs given that you had a day to do it? Would they reasonably have taken longer and you couldnt have made any of the repairs? OTOH, there's no harm in asking, but I continue to feel the LL...

    1 lawyer agreed with this answer

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

    Answered almost 3 years ago.

    1. Rixon Charles Rafter III
    2. Yousef Monadjemi
    3. Richard C Koman
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 4 years ago.

    1. Richard C Koman
    1 lawyer answer

    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.

    2 people marked this answer as helpful