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Richard C Koman

Richard Koman’s Answers

317 total


  • If the judge set a trial date for unlawful detainer and my writ of mandate for a denied quash is being processed, what do I do?

    California code says a default can't be given while a writ is being decided and if it is denied I have 10 days to respond to the complaint. I was advised not to answer when filing the writ, but can't get a timely response from the lawyer I spoke w...

    Richard’s Answer

    I would be willing to sit down and review everything in your case. I'm in Santa Rosa at 707-544-5354. stay in ud is discretionary with the judge. not sure if your writ was on a motion to quash? denial would be grounds for appeal perhaps. your writ would have to have SOME merit

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  • If there is no rental agreement can a person be evicted?

    If a person is living in my house and her boyfriend was paying the rent, and he moved out to another state, and no agreement existed between he a and I, can I evict the girlfriend solely on the basis of no rental agreement?

    Richard’s Answer

    yes.

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  • Is,it possible to get a break from the ud case hi

    Because I have a bad cause of Bronchist And my doctor wrote me a letter to rest because the stress isn't good for bronchitis I have been weak and had a bad cough kind of paper do I need to get what Doctor said

    Richard’s Answer

    try to get landlord to agree to delay. if not file ex parte application to continue trial date - include doctors note

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  • My landlady's sister is repeatedly entering my apartment in my absence to play with my cats

    My landlady knows she has to give me notice before entering my apartment for repairs etc. (also in my lease). However, her sister/sidekick is repeatedly entering my apartment while I am at work, on vacation, etc., without my knowledge. Many times ...

    Richard’s Answer

    it's a trespass. you could call the cops. they won't arrest anyone but the conversation could make an impact.

    you could tell the landlord and see if you're satisfied with the response

    you could change the locks and deduct the cost from rent bit you have to give the new Keys to ll -- with the caution that you'll know where the sister git the new keys

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  • Do I have to pay full month rent, if I'm moving out in less than a week?

    1/2/13 My landlord decided to terminate our lease agreement and is giving me 30 days to move out. I received the formal notice this morning. He is also asking that I pay for a full month of rent. However, I am ready to move and will most likely b...

    Richard’s Answer

    landlord can apply security deposit to rent for days you wre there unpaid. I would rather have him do that then hope he refunds rent afterwards.

    technically though you have to give 30 days notice as well so you're not really entitled to leave early. not paying the full month could theoretically create liability.

    practically speaking, though, the security deposit is probably going to be your only dispute after you move out

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  • How much of the utilities I need to pay is in question.

    statement to landlord downstairs: I am going to pay what I was told that I'd be charged on both occasions before I moved in, which is only what is over and above your normal usage for utilities. That is what you said in both visits prior to my mov...

    Richard’s Answer

    define 'pushed' if you If you signed a contract and agreed to pay half that is what you will be held to . Under concept of contract construction unless there's ambiguity in the language of the contract those previous oral promises will not be considered if it comes to court

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  • Should I call the police if my tenant denies entry during a maintenance emergency?

    Water is leaking through the floor of my tenant's apartment and caused a hole to form in the ceiling below and water to puddle on the floor below. The tenant is refusing to let me check out the problem. He has also changed the locks without pro...

    Richard’s Answer

    I would say the police would most likely be willing to convince the tenant to open the friggin door. they won't arrest but their presence is certainly valuable. you can evict/assign blame later

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  • Ok....I rent a mfd. home for over a year in ca. Almost the whole time I have lived here and paid rent, there has been habitabili

    issues.....no heat, no running water (have to use neighbors hose for water due to inoperable well), rodents, broken windows, rotted floors with holes, broken stairways and porch crumbling, no railings, no window screens, locks, etc., no phone line...

    Richard’s Answer

    You need to retain an attorney to take the case on a contingency basis. seek someone experienced in tenant representation. you can contact me for more info

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  • WHERE CAN I FIND ASSISTANCE TO SUIT MY EX-LANDLORD?

    The house I rented has lead. I was supposed to move to a motel while a company remove windows and repair the house. The company entered the property without a notice from landlord. Since then, my older son suffers of constant asthma attacks and m...

    Richard’s Answer

    No - it would be taken by a contingency lawyer. Contact your local bar association for referrals

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  • Will I owe my former tenant damages if they sue me and say they didn't get a letter detailing why I didnt return their deposit?

    They did not leave me with a forwarding address so I mailed the letter to the last know address (my rental house). I did not send the letter via certified mail. The letter was not returned back to me and they say they did not receive it. The le...

    Richard’s Answer

    I would say don't worry. do you have a copy of the envelope you mailed? if they did not provide forwarding address it was their duty to put forwarding into post office. mailing to last known address is proper.

    you should initiate the small claims action for your full damages before they do

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