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Richard C Koman

Richard Koman’s Answers

317 total


  • Can i file retaliationand stop eviction process

    i withheld rent after i Gave my landlord 3 months to take care of the rat problem which he didnt. He then served me a 3day notice well actually i was never served personally. which was less than 30 days ago now the sherriff showed up saying he wil...

    Richard’s Answer

    Let me know what happened. I'm in Santa Rosa. You may have a habitability case, depending on lots of factors.

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  • What does this mean? PLAINTIFF'S CLAIM AND ORDER TO GO TO SMALL CLAIMS COURT DISPOSED WITH DISPOSITION OF JUDGMENT CONTESTED.

    I am the plaintiff and one judgment against defendant she appealed it and this is what says.PLAINTIFF'S CLAIM AND ORDER TO GO TO SMALL CLAIMS COURT DISPOSED WITH DISPOSITION OF JUDGMENT CONTESTED. 09/10/2013

    Richard’s Answer

    One important point is that lawyers can represent litigants on small claims appeal. If you hire a lawyer, and win the appeal, you MIGHT be able to claim reasonable attorneys fees (if there is such a clause in the contract). But even this is subject to the judge's discretion. Lawyers or not, the court might handle it basically like a small claims case with the parties doing most of the talking.

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  • Is a cosmetic repair required in a rental house? Can a tenant sue for duress from a repair being performed?

    I am hesitant to perform a cosmetic repair to my rental house, painting a ceiling stain, because my tenant has said she has both asthma and allergies. She also works from home. My concern is that she will be unable to work and reside in the house ...

    Richard’s Answer

    What is the cause of the ceiling stain? Are you sure there is no leakage that needs to be addressed? Or mold conditions in the drywall? She has asthmas and allergies? Pre-existing to her tenancy? Not possibly related to mold conditions in the house? ???

    I get the feeling from your question that you have some good reason for concern....

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  • How does a landlord request punitive damages from a tenant who has maliciously withheld property?

    The tenants have another home, I have both their testimony and a witnesses testimony to prove it, yet they filed an answer with a bunch of bogus allegations that there is no way they will be able to present evidence on other than oral lies, and th...

    Richard’s Answer

    There is a provision for $600 damages for malicious withholding. If they have answered, you would need court approval (motion) to amend the complaint, but you could probably also amend to conform to proof at trial. It's probably not worth the effort, especially given the service issues. You just need possession, not an extra headache.

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  • My daughter is 20 and we signed a year lease with her. The landlord had a fit over the utilities - we agreed to pay the diff

    over her "usual $30 bill". We agreed via email, just wanting to keep the peace. Now she wants to charge for laundry too. She is also wanting a late fee if the utilities aren't paid with the rent. She and/or her son have started living there pa...

    Richard’s Answer

    If landlord and son are living in The leased property, that is a severe breach if quiet enjoyment.

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  • What is the earliest possible date that my storage company can overlock me?

    I have a self-storage unit that is due on the 1st of the month. Late fees begin on the 15th if not received by the 14th. What is the earliest date the storage company can overlock me? I only provided one contact address. I wasn't asked for a secon...

    Richard’s Answer

    I don't know that any statutes address that so I would look to terms of the contract

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  • What is SOL on a California Landlord / Tenant action after an illegal eviction

    I rented an apartment in Southern California beginning 2008, I was being harassed and later "falsely"evicted for non payment of rent in Jan 2009. Went to court with proof I had purchased and mailed my rent to the landlord on time. The judge ruled...

    Richard’s Answer

    Does anyone think the statute starts tolling from the discovery that management co had cashed the payment?

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  • I gave a 30 day notice to tenant (month to month less than 1 year) but the tenant keeps getting arrested for domestic violence

    Can I get them out sooner?

    Richard’s Answer

    Yes three day notice to quit for violation of covenants, that being the violence. But caution - you cannot evict the abused spouse for calling the cops on the abuser.

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  • I filed and served a UD. The tenants answered, stated that they moved out and that there were false statements in the complaint.

    They answered the complaint stating: The date of the 3 day notice was incorrect (it was a clerical error); and that they were home when the complaint was posted (they were not); That they moved out, and then came back and cleaned the apartment a ...

    Richard’s Answer

    If you have possession you have no unlawful detainer case. UD is a case for possession only. You can dismiss or covert the case to limited jurisdiction for money damages only. Regardless you need to amend to fix the pleadings. And because they answered you need to apply for leave of court. Absurd because you have possession!

    So dismiss the ud and file a small claims action for damages (if you have any).

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  • My landlord is giving me a addendum before the lease is done can they do that?they want me to sign it before my lease is done.

    my lease is almost done in 1 month.

    Richard’s Answer

    you don't have to sign it but what is the content of the addendum and why do they want you to sign it? are they trying to have you sign away some right or grant themselves some protection?

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