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Richard C Koman

Richard Koman’s Answers

317 total


  • Do I have good cause to sue for retaliatory eviction and compel ex-boyfriend to honor oral agmnt for add'l time to find a job?

    Boyfriend owns our home. He was convicted in Feb'12 of battering me and a "No Neg Contact" restraining order issued. On Dec 2, I called the police to report a harassment violation. He was arrested. He returned Dec 20, 2012; I had to call again. ...

    Richard’s Answer

    I think it's clearly retaliatory and there are statutes that specifically protect against domestic violence based eviction.

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  • Does my landlord have to fix my leaking roof in my laundry room?

    My laundry/storage room has a leak. It is not part of the house. I have contacted my landlord multiple times and they said they will not fix it because "it's not part of the house" and that if we want it fixed we must pay for it. Does my landlord ...

    Richard’s Answer

    it's landlords responsibility . you're renting it and its not usable with a leak. you have a repair and deduct remedy though. get the leak fixed and take it off rent

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  • Is a verbal agreement legally binding? How many days, or weeks, before a person living in your residence must be legally evicted

    I had a woman living with me who I wanted to leave after two and a half weeks and she insisted that I had to formally evict her.

    Richard’s Answer

    yes it is binding. she may be considered a border, though. in any case she seems to be giving notice of litigious intent. so an eviction is probably the best course if action.

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  • Filed Unlawful Detainer. Tenant moved out. Tenant filed small claims against me, I have countersuit. How do I combine the cases?

    I asked the clerk if we could combine the cases and even though the tenant moved out, we are having a hearing for the unlawful detainer trial. Possession is not even an issue. They mailed me a Plaintiff's Order to go to Small Claims via the UD law...

    Richard’s Answer

    you should have dismissed the case when tenant moved out or converted to limited civil for money damages only. since tenant filed a small claims and you counterclaimed, that's where the money issue will be resolved. if the ud is still an active case, dismiss it and all will be as it should be

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  • If I'm a tenant that got foreclosed on, are we entitled to our deposit? If so who who returns it, the previous owner or new one?

    A week before the December rent was due we got a letter saying the unit was going to be auctioned off. We agreed with our landlord not to pay December rent because he claimed it was mistake he was going to fix and then we would pay. The unit got ...

    Richard’s Answer

    virtually no chance of getting it from a foreclosed landlord. you have a right to it though and perhaps a shot at penalties

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  • Sent landlord a letter of complaint/relief ( demand) for false rep. of habitability and retaliation. their attorney called me??

    so when i moved in i made several things clear, i was looking for a completely smoke free environment and good wifi. i was promised people didnt smoke in this multi unit building. however, after a a month then two months pass, its become very obvi...

    Richard’s Answer

    my guess is lawyer wants to know when you're moving ... sounds like resolution will be You moving out what would be fair might be some payment to you for moving expenses or rent abatement ... good luck

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  • What is the general cost to be represented at a Small Claims Trial De Novo in a Tenant Landlord case?

    Is there a minimum amount required? This is a Tenant Landlord case. How do you go about determining fee cost? The trial will take 2 hours total for both sides plus time waiting for Judge to show up that day.

    Richard’s Answer

    $60,000

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  • Can my landlord dictate the terms of my tenants insurance?

    We have lived in our current home for more than a year and our landlord has recently informed us that she is instituting a requirement for tenants insurance. We already had a policy so that isn't a problem but she is demanding that we change the ...

    Richard’s Answer

    she could force this if negotiating a new lease but otherwise can't require a change as a condition of tenancy

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  • How do I deal with a landlord who lied about providing 30 days notice of a rent increase and cashed all my regular rent checks?

    I recently found posted to my apartment door an unsigned bill for $200 for back-rent. The landlord claims my rent increased by $50/mth in September. I wrote a letter stating he cannot retroactively increase my rent and needs to provide 30 days w...

    Richard’s Answer

    sounds like a lying SOS. don't pay the rent increase if you are willing to go to court. sounds like you would be the more credible party

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  • Is it necessary for a relative to sign a lease if he/she is inhabiting the dwelling less than 49% of the time?

    The relative is an adult child that is a part-time caretaker to their adult mother. The mother is on the lease, and has been for 11 years. The only co-lessee was the adult mother's (now deceased) husband. The adult child co-inhabits the dwellin...

    Richard’s Answer

    the child could agree to be on lease voluntarily. the mom could not (should not) be evicted if the child declines. I agree there is no legal requirement either way.

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