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Richard C Koman

Richard Koman’s Answers

317 total


  • 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.

    After my divorce is final in January, I plan to move with my daughter to a smaller apartment. My husband has been staying with us even though I asked him to leave in November. I even offered to pay his first two months rent in a smaller place. ...

    Richard’s Answer

    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 ...

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  • Plaintiff on eviction notice someone else? Need legal advice as to what to do with other issues too?

    We have been served with a unlawful detainer. The plaintif listed on the summons is not our landlord as far as we know. We have been dealing with another "landlord" since we moved in back in March. We have had several issues with our "landlord" su...

    Richard’s Answer

    I'm confused and interested about your other (fake?) landlord. if this person even has standing to sue the eviction appears to be slam-dunk retaliatory and defensible as habitability. but .... what are your intentions? was the home red tagged? are you moving? are you planning a lawsuit?

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  • What recourse do I have against my newly built affordable housing apartment building in terms of the Right to Quiet Enjoyment?

    Just recently told management about mold growing on master bath ceiling along with water coming out of the air vent in the bathroom. They came and inspected it and discovered that several (3-4) units have water leaks in the walls/structure of the ...

    Richard’s Answer

    You should stay in the motel. here's why: you reported conditions. they immediately investigated and immediately advised you that the unit was not habitable and offered to house you in a motel. so far so good. if it turns out that you have some basis for a complaint in the future - I don't see one yet ---- it will hurt your case if you opted to stay put instead. in any case you have suffered some inconvenience and you could ask for a free month in compensation.

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  • My sons friend was served a unlawful detainer meant for me. not miss work to file a answer, was 26 days ago! No default yet?

    I have a lease. Ive been late before on rent and always paid, even a mo late. a 3- day was mailed not posted or given to me, 2 mo later a new 3 day was mailed and then summons and complaint given to my sons friend outside of my apt. My son visitin...

    Richard’s Answer

    or since you're sitting around waiting for the sheriff why don't you look for a new apt with the rent money you're not paying ??

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  • If landlord accepts payment after 60 day notice was given does that void notice?

    P

    Richard’s Answer

    yes ... and if they still pursue a ud after accepting rent, that is a defense in the answer form

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  • How do I go about evicting only one tenant in a roommate situation in the state of California?

    They both signed the rental agreement and I no longer want one of them in the residence due to property damage.

    Richard’s Answer

    I don't see why you can't serve just one with a notice. if he doesn't move out, yes you should be able to file a ud. however some courts require the owner being the action. are you the owner?

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  • Hi my question is what paper do i need to file if my landlord claims he served the ud papers but i never recived them at all

    and i keep calling the court house and they said there wasn't any proof of serve

    Richard’s Answer

    The question is always if you we're not served how did you learn if the suit? the answer may be that you got a mailing from the court. you do not have to let it go to default and you do not have to cede the issue of service.

    you can file a motion to quash service of Summons -- if there was no service the court has no jurisdiction. if you find an experienced eviction defense lawyer, these are pretty boilerplate and shouldn't cost too much to produce for you .

    otoh the process server might lie about service and unless you can show you were out of town at the time the alleged service happened, you will lose the argument

    as to what makes sense -- do you have some important claim to make or are you just buying time. money is generally better spent preparing to move than in fighting eviction.

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  • I'm renting a condo. The shower glass door fell on a friend, and had to get 4 stitches = +$2000. Landlord unwilling to pay.

    I rented a condo near my University. My roommate's family friend visited. We all went out for tacos, except the family friend because she decided to shower instead. The glass shower door fell and shattered on her, and she had to get 4 stitches on ...

    Richard’s Answer

    A small claims case, really? Not necessarily. As far as negligence, the owner is likely to have liability if the door was negligently installed. it is more likely that it was incorrectly installed than that there is product defect. Meds seems very low at 2000 --- is that just what she had to pay under her insurance ? pain an suffering could be more substantial than the 10k small claims limit, ESP if there are broken bones. talk to a pi lawyer on your area before you go the small claims route

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  • How do I recover damages after sustaining a personal injury due to landlord's failure to maintain gardening/landscaping?

    My rental agreement with my landlord specifies that he is responsible for maintaining the gardening and landscape for the house I rent. In the past two months, he has been by only twice to perform these duties. My front walkway and porch are li...

    Richard’s Answer

    um ... you are not sweeping up leaves because it is the landlords contractual duty? it seems to me that is negligent on your part. you will definitely face that charge in a defense against your pi suit and a cross claim against a Third party suit

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

    On December 1, 2012 I dropped off my rent check to the drop box of the property management company with whom our landlord contracts. I phoned the property management company to inquire why the check had not been cleared. I learned my house from ...

    Richard’s Answer

    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 . ...

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