Richard C Koman’s Answers

Richard C Koman

Santa Rosa Litigation Lawyer.

Contributor Level 13
  1. My landlord trashed all my stuff without leting me have the chance to get my things

    Answered almost 2 years ago.

    1. Thomas Anthony Schaeffer
    2. Seyed Abbas Kazerounian
    3. Richard C Koman
    3 lawyer answers

    Who was responsible for the fire? What does the fire dept report say? Was your stuff ruined? I doubt he has to store fire-damaged/hazardous stuff that has no value. If the landlord is at fault you have a right to replacement value of your stuff, regardless of whether he threw it out or not. Perhaps he caused some additional emotional damage by throwing out non-ruined personal mementos?

    2 lawyers agreed with this answer

  2. How can a tenant prove bad faith against a landlord who failed to fulfill any legal obligations regarding deposit return?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. James Michael Slominski
    3. Richard C Koman
    3 lawyer answers

    My understanding is that the pre-move-out inspection is something the tenant has to request. So if you didn't request it, and there is a legitimate deduction for damages, then you are probably not even going to get your deposit, much less the penalty.

    2 lawyers agreed with this answer

  3. Landlord wants to do open house on weekends.

    Answered over 4 years ago.

    1. James Coy Driscoll
    2. Richard C Koman
    3. Robert Lee Marshall
    3 lawyer answers

    I agree with Mr. Driscoll. While they can show it to prospective buyers, they must give adequate notice (24 hours) in writing and it must be during business hours. I believe you can decline to consent to weekend showings, unless the two of you agree in writing to a stipulation for showings. I understand your concern about open showings. The law doesnt say you have to consent to open houses, only that landlord may show the house to prospective buyers. He can do that by making appointments...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

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

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. James Carl Eschen III
    3. Richard C Koman
    4. Michael Charles Doland
    5. Rixon Charles Rafter III
    5 lawyer answers

    yes.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Can we be served with a 3 day notice to pay or vacate? Only a verbal agreement> No written contract? Now we are being served

    Answered almost 2 years ago.

    1. Richard C Koman
    2. Michael Raymond Daymude
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Um - the deal was that you pay their mortgage and you can stay there? and now they're kicking you out even though you lives up yo the deal ? I would say that is an oral contract to rent the place to you and the fact that payments were made to third party beneficiary (bank) not landlord doesn't change that. so ... you could be evicted in a 30 day notice but not a three day, IMO - if I have the facts right

    1 lawyer agreed with this answer

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  6. Unlawful Detainer: Can I file for default judgment after demurrer to complaint is overruled?

    Answered almost 2 years ago.

    1. Caroline Victoria Tucker
    2. Frank Wei-Hong Chen
    3. Richard C Koman
    4. Michael Raymond Daymude
    4 lawyer answers

    there are several forms you need but first since there was an appearance it's possible the clerk may not take a default and you may have to go in for ex parte order for default. then you need request for default and default judgment form, judgment, dismiss the does if any, and the writ.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Under CA landlord tenant laws how much notice is a landlord required to provide before rent increase

    Answered almost 5 years ago.

    1. Richard C Koman
    1 lawyer answer

    Well, no ... you dont' have to sign a new lease while the old one is still in effect. As to how much notice is required, there is probably a clause in your lease that will control notice for rent increases. If not, the landlord probably doesn't need to give more than 7 days notice that the new lease will contain a rent increase. (If its a month to month lease, the landlord needs to give 30 days notice.) If you're in a rent-controlled district, of course, local laws proabably give you...

    1 lawyer agreed with this answer

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

    Answered about 1 year ago.

    1. Christine James
    2. Christian Frederick Paul
    3. Pieter M. O'Leary
    4. Richard C Koman
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Richard C Koman
    2. Michael Ryan Juarez
    2 lawyer answers

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

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. James Michael Slominski
    2. Richard C Koman
    3. James Carl Eschen III
    3 lawyer answers

    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

    1 lawyer agreed with this answer