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Richard C Koman

Richard Koman’s Answers

317 total


  • 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

    No rental agreement whatsoever? We were tricked into a fake real estate transaction. We lived at the property made all monthly payments. They promise to put us on title. They are backing out.

    Richard’s Answer

    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

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  • If a manager alleges a problem, does she have to give the tenant the chance to correct the problem before terminating a lease?

    The tenant/manager alleged in emails that she was getting complaints about me from the other tenants, but when I asked her what the complaints were and who was making them, (none of the tenants had spoken to me directly) she refused to tell me ...

    Richard’s Answer

    you don't say that you don't know what the problem is, only that she wouldn't tell you what the complaints were. so if you know, you should stop if you can. since you are disabled, it may be that evicting you over your disability could be a discrimination or it could be some sort if violation if the Ada -- just throwing out some thoughts here -- no facts to support any of this. legal analysis is fact driven as always

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  • In terms of a "break lease fee", should a tenant be liable for such monies regardless of extenuating circumstances?

    Entire first month was paid for and unit was vacated on the 6th of same month( October), with notice, after air conditioner was not repaired in high heat for more than 7 days (civil code 1942) . Unit was rented and occupied by other tenants somet...

    Richard’s Answer

    Right. a week of no ac in hot locale is a breach of the lease/warranty of habitability, so you have no liability for break lease fee.

    they have to return deposit or accounting within 21 days ... even if they claim they're applying it to rent or fees

    so you bring small claims for deposit or counterclaim if they sue you

    probably no rent was owing if it was always uninhabitable

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

    Defendant failed to "answer only within 5 days" as requested by judge after demurrer was overruled. Do I file a standard judgment for default (UD-110) or is there another form I need to file?

    Richard’s Answer

    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.

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  • What is the longest it would take to evict someone that has paid on time in the past but having medical problems right now?

    We are the tenants and we have had a lot of medical bills but have always paid on time. I am on disability and my husband is retired. We don't have money to hire a lawyer to help us. We keep the property just as if it was ours. We are good ten...

    Richard’s Answer

    not long- unless the ud complaint has serious flaws. try to work something out with ll. paying rent should be your highest priority assuming leaving is difficult

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  • Landlord sneaking in my rooms, touching, commenting, and checking the holes on the wall. Misdemeanor or felony?

    I have noticed that my current landlord and her daughter come in my room for many times. I have set up a video camera to record what happens after I leave the room unattended. Mother and daughter came in my room couple times and touched my persona...

    Richard’s Answer

    misdemeanor but it will be treated as a civil matter. what are your damages? emotional distress. minimal. put a lock on your door.

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  • Good Morning, I am one behind on my rent, and I want to know what my Landlord can do to me?

    I need to know what my landlord can do to me legally? What rights do I have. I have been on time for 14 months, and for December I'm late.

    Richard’s Answer

    He could evict you obviously. So get it paid and assuming he accepts it, no problem ...

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  • Say tenant sues landlord in Small Claims for $4000, tenant loses, gets $0. If there is no counter suit Landlord gets $0 also.

    Say Landlord could not determine all damages by first trial date. Say the Landlord later decides to sue for $9000 once all damages have been determined, which will be a separate case, separate trial, but with same facts of the first. If the lan...

    Richard’s Answer

    if LL did not countersue in small claims his claim has not been adjudicated. he can bring his own action as a separate case. if the tenant case is final, then there would be no appeal...

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  • Tenant vs. Landlord Responsibility for Fleas?

    I have an indoor cat which is treated for flea prevention. 28 days after moving out of my most current apartment, the new tenant discovered fleas - which I had never experienced prior. My landlord is now saying that she believes I caused the fleas...

    Richard’s Answer

    well who caused the fleas? a small claims judge would decide based on the proof? flea prevention is on your side ... a cat is against you. was there a pet deposit? did they try to address fleas with over the counter solution first, etc. .... without going to court? threaten court and settle for 50/50 split of costs?

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  • We received a 60-day notice to vacate Oct. 1. We officially ended tenancy Nov. 7. The landlord is requesting full rent for Nov

    We notified the property manager at the end of Oct. that we would probably be out by Nov. 5. We notified the property manager again on Nov. 5 that we were ready for our final inspection. We had our final inspection on Nov. 7 and officially ended...

    Richard’s Answer

    agree with James. tenancy is in effect until dec. 7. if you wanted to terminate sooner serve your own 30 day notice ... however, arguably your oral notice was effective.

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