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Richard C Koman

Richard Koman’s Answers

317 total


  • Can I get the case dismissed if I didn't show up to landlord tenant small claims deposit lawsuit for bad faith?

    My wife and I sued the Landlord in small claims 2 weeks ago and lost. Both our names were on the suit. My wife showed up, but not me, and she signed a court form giving her permission to appear for me (not sure what this form was). We lost the ...

    Richard’s Answer

    you're done. plaintiff has no right to appeal. you consented for your wife to appear for you

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  • Do I have a case against my landlord?

    I have caught bedbugs in my apartment 3 times and have been traeated by 3 different pest control companies going on 4 next month. I been dealing with this since june 2010 til now. I have documents,pictures,videos and witnessess. I have 2 children ...

    Richard’s Answer

    sounds like a case. yes.

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  • How long does a landlord have to send an itemized list for damages after lease ends?

    My landlord is threatening to sue me for damages exceeding security deposit. The itemized list doesn't seem fair and it has been 45 days since my lease ended and I moved out. I got the list 45 days after moving out.

    Richard’s Answer

    21 days. you are free to sue in small claims and ask for penalty for malicious withholding

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  • How do i obtain a copy of my rental agreement my landlord wont give me one

    i need a copy of my rental agreement im trying to find out if i can be evicted for having a dog

    Richard’s Answer

    you should have kept a copy. if landlord evicts you he will attach a copy to the complaint

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  • In California can my boyfriend kick me out if my names not on da lease? bills r in my name but I'm not on da lease.

    We moved in at da same time in June 2012. But da lease was in his dads name until just this month when his dad took his name off to have nothing to do with him. So just this month did my boyfriend get it under his name only after paying da deposit...

    Richard’s Answer

    decline to answer question by someone who spells ' the' 'da' every time

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  • Attorney fee clause in an expired lease

    My 1 year lease has the attorney fee clause it it. But the lease expired 4 months ago, and I am now renting on a month to month basis. I did not sign a new contract. In the unlawful detainer complaint that I received, the landlord is asking fo...

    Richard’s Answer

    absolutely. the terms of the lease apply to the subsequent month to month tenancy

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  • Can a witness be supoena in an unlawful detainer trial ?

    The witness to be supoena knows both Plaintiff and Defendant. However, defendant has instructed the person to be supoenaed to "stay out of their business."

    Richard’s Answer

    yes.

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  • If you establish a place of residence w/only a verbal agrrement, do u still get a 30 days notice?

    i moved in w/my father and his wife in august . i was told my disabled husband , my 2 yr old duaghter and i can stay until 6/2013 rent free as long as we helped with groceries and helped clean the house. My fathers wife and i had confrontation on...

    Richard’s Answer

    I agree with James. you are a subtenant on oral agreement. you get 30 days written notice

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  • Hi we live in townhouse in L.A. My unit has a serious leaking problems from ceiling and other plumping.

    We have one more year lease contract left but we wants to break the lease. Leaking from ceiling happened two years ago. They have not fixed until rain stopped, so we could not use our bedroom for over month. Then a couple weeks ago, more worse lea...

    Richard’s Answer

    breaking the lease -- yes landlord has breached the contract by failing to make repairs. as to lawsuit you should move out in fact

    lawsuit -- in theory yes. if you have documentation of the leak -- photos -- and proof of notice to landlord and his failure to repair. as to mold you would probably need to hire a mold specialist. talk to a housing attorney who can advise how to proceed to establish damages.

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  • Can i stop the eviction from my apartment through bankruptcy

    i owe back rent and peco has shut off electric and gas

    Richard’s Answer

    "Stop" the unlawful detainer procedures? No. Stop them temporariliy, yes, definitely. The back rent will be discharged in bankruptcy. You will have to pay some adequate insurance to the utility to get the gas back on but the back-amount will also be discharged. It doesn't sound like you can afford the apartment? Money spent on a BK -- or even just the time and attention -- is probably better spent finding your new home. You can BK later if it makes financial sense. Of course if a three-week delay will really make a difference in slowing down the eviction and allow to safely move on, then you might consider it -- IF you can discharge enough debt to make this worthwhile.

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