Richard C Koman’s Answers

Richard C Koman

Santa Rosa Litigation Lawyer.

Contributor Level 13
  1. Am I liable for rent or damages if my ex-husband won't leave our apartment after I move out? My name is on the lease.

    Answered almost 2 years ago.

    1. Richard Leigh Boyer
    2. James Carl Eschen III
    3. Richard C Koman
    3 lawyer answers

    He will be evicted. and yes you could be liable for any money judgment -- unless you get your husband to indemnify you now. another idea is to get the landlord to agree not to seek judgment against him only. or you could move to evict him yourself while you still have a right of possession ...

    3 lawyers agreed with this answer

  2. Can a landlord threaten to have you out of an apartment in 2 months?

    Answered over 2 years ago.

    1. Richard C Koman
    2. Richard Leigh Boyer
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Sounds like your son is an adult? It sounds like the LL has good reason to want your son out. 60 days notice is good notice, unless there is retaliation. The three-day notice could be to evict based on nuisance. Since your son would be the nuisance, you could cure the nuisance by having him move out. Is it possible to work something out with the landlord? Does your son have substance abuse issues? You dont want to lose a home of 15 years over your son, so try to resolve it with lanldord...

    3 lawyers agreed with this answer

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

    Answered about 4 years ago.

    1. Frank Wei-Hong Chen
    2. Richard C Koman
    2 lawyer answers

    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...

    6 people marked this answer as helpful

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

    Answered over 3 years ago.

    1. Richard C Koman
    2. Frank Wei-Hong Chen
    2 lawyer answers

    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.

    Selected as best answer

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

    Answered over 4 years ago.

    1. Richard C Koman
    2. Kevin Paul Smith
    2 lawyer answers

    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?

    Selected as best answer

  6. 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?

    Answered almost 5 years ago.

    1. Richard C Koman
    2. Pamela Koslyn
    2 lawyer answers

    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 ;-)

    Selected as best answer

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

    Answered almost 5 years ago.

    1. Richard C Koman
    2. Pamela Koslyn
    2 lawyer answers

    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.

    Selected as best answer

  8. What can I do if my landlord refuses to cash my rent check?

    Answered almost 2 years ago.

    1. Richard C Koman
    2. James Carl Eschen III
    3. Frank Wei-Hong Chen
    3 lawyer answers

    were you previously served with an eviction notice ? if so the lAndlords position will be that the tenancy is terminated and no further rent can be accepted. if not there must be some other piece of the story . ...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Landlord blaming me for leakage

    Answered almost 2 years ago.

    1. Thomas Anthony Schaeffer
    2. Richard C Koman
    2 lawyer answers

    Well, it's a bit more dire than that. It sounds like there is serious leakage in the downstairs unit and that could result in anything from the tenant's annoyance to serious water damage/mold/etc. The downstairs unit may sue the landlord. Assuming he has insurance, they will handle the claim. From what you're saying I doubt any lawyer would seriously think they could transfer liability to you. So, in all likelihood, not much to worry about. Of course if LL uses this as an excuse to withhold...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Tenant damaged refrigerator doors with deep scratches. How would the court want the Landlord to determine damages?

    Answered about 2 years ago.

    1. Adam Jay Jaffe
    2. Richard C Koman
    3. Maxine Devillefranche
    3 lawyer answers

    Such scratches are clearly above and beyond normal wear and tear. Assuming you have proof it was a new fridge or was in normal condition, I think you get to choose the cheaper of replacing it with another 2-year-old fridge or replacing the doors. It sounds expensive but you have a right to the fridge in the condition you provided it (less normal depreciation).

    2 lawyers agreed with this answer

    1 person marked this answer as helpful