Richard C Koman’s Answers

Richard C Koman

Santa Rosa Litigation Lawyer.

Contributor Level 13
  1. How can we prevent our landlord from camping out on the property that we rent from him.

    Answered over 4 years ago.

    1. Richard C Koman
    1 lawyer answer

    It sounds like the place is has serious habitability problems. Your legal counsel can guide you as to what steps to take to protect yourself. You have to consent to him staying there. If you don't consent he can't sleep on your land and use your utilities. On the other hand it may be worth it if he's going to repair the roof. You should assert your right to a non-leaking roof, as directed by your attorney. You may be able to withhold rent, but you must follow correct procedures.

    2 people marked this answer as helpful

  2. Can we break the 1 year lease contract if we find rats existing in our apartment?

    Answered over 4 years ago.

    1. Richard C Koman
    2. Frances Miller Campbell
    2 lawyer answers

    Have you seen rats running about? Or just heard them? Have you seen their droppings or seen that they have been eating your food? No one should have to live with rats in the house, in any case, but there is "annoying" and there is "repulsive." You should see an attorney who handled tenant cases on a contingency basis. You have a strong action for breach of the warranty of habitability because (1) you contacted management (2) you contacted authorities. I assume the authorities produced some...

    2 people marked this answer as helpful

  3. Can I be evicted for withholding rent for repairs?

    Answered over 4 years ago.

    1. Frances Miller Campbell
    2. Richard C Koman
    2 lawyer answers

    As a residential tenant you have a statutory right to "repair and deduct" after giving written or oral notice to the property manager of untenantable conditions. (Civil Code 1942(a)) No hot water is definitely such a condition. If they had a "reasonable" amount of time to repair after you gave notice, and didn't do so, you had a right to repair and deduct the cost from your rent. If you were to have a government official inspect the premises and a notice was issued to the landlord, the...

    2 people marked this answer as helpful

  4. My tenant hired an exterminator last year to get rid of roaches. He says he has them again. Am I responsible for this?

    Answered over 4 years ago.

    1. Jason Austin Joseph Lundberg
    2. Richard C Koman
    2 lawyer answers

    However, if the tenant is contributing to the problem by being unclean, leaving food out, etc., then he is breaching his duties under the lease (almost certainly). You have a duty to evict him if those breaches are continuing, as you do have the liability for an uninhabitable unit. However, it sounds like you think he's just a nag and you dont like responding to nonsense complaints. If he's a nuisance who makes meritless complaints I think you could get him out on those grounds as well. On...

    1 lawyer agreed with this answer

  5. My rights as a renter to have visitors to my apartment

    Answered over 4 years ago.

    1. Richard C Koman
    1 lawyer answer

    I would say if it's in the lease, then it will be quite difficult to get around it. Still, if you're not abusing your right to have a guest, I would think the manager would be reasonable about working with you - if you reach out in a reasonable way. If the prop mgr doesnt seem reasonable, it could be considered a breach of the lease and grounds for eviction, but if you are current on the rent and not creating any other problems, that's not a case they probably want to bring.

    1 lawyer agreed with this answer

  6. Breaking a lease

    Answered over 4 years ago.

    1. Richard C Koman
    1 lawyer answer

    If you've reported the harassment to the landlord and they failed to deal with it, the landlord has probably breached his duty to provide quiet enjoyment and you're entitled to move out and sue for constructive eviction, among other causes of action. In the short term, you may wish to seek a restraining order against the tenant.

    1 lawyer agreed with this answer

  7. My tenants brought in two cats, breaching the Lease Agreement. What rights do the tenants waive as a result of this breach?

    Answered over 5 years ago.

    1. Richard C Koman
    2. William Edward Shapiro
    2 lawyer answers

    You can evict them for breaching the lease. You have to serve them with a three-day notice to Cure or Quit. (That is, they can cure the breach by getting rid of the cats.) If they get rid of cats they're no longer in breach and you have no basis to evict. If they refuse to lose the cats, your next step is to file an unlawful detainer. See my guide on evictions - http://www.avvo.com/legal-guides/ugc/how-to-evict-a-tenant-in-california. My guess is once they get the Notice, they'll suddenly be...

    2 people marked this answer as helpful

  8. I've been renting a room for 2yrs and the landlord is asking me to move out in 10days, with no legal documents, is this legal?

    Answered over 5 years ago.

    1. Richard C Koman
    1 lawyer answer

    The landlord is blowing smoke. If you've been there for two years (check your lease), they have to give you 60 days notice. (Unless you failed to pay rent or otherwise violated the lease.) In any case, yes, they have to give you proper written notice, served properly. The 60 days doesn't start running until you are served.

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  9. Does my Landlord owe me prorated rent for a portion of the home not accessible do to floor repair?

    Answered almost 2 years ago.

    1. Richard C Koman
    1 lawyer answer

    If you cannot live in the home during construction, he has to relocate you during that period. That means putting you and your child up in a hotel room, in addition to not charging you rent for that period. You have a right to a safe home for you and your child and that includes having floors and no construction.

    1 person marked this answer as helpful

  10. Can I deduct the cost of changing locks from a tenant's security deposit?

    Answered almost 2 years ago.

    1. Kevin Lewis King
    2. William Stanley Fitch
    3. James Michael Slominski
    4. Richard C Koman
    4 lawyer answers

    Agreed, but I think you can do better than a 30-day notice. His conduct apparently constitutes such a nuisance that you are within your rights IMO to give a 3-day notice to quit. Also, other sub could apply for a TRO if s/he is in fear of physical aggression, which could get him out sooner.

    1 person marked this answer as helpful