Richard C Koman’s Answers

Richard C Koman

Santa Rosa Litigation Lawyer.

Contributor Level 13
  1. New bldg owner is making tenants lives unbearable & harmful...

    Answered over 3 years ago.

    1. Richard C Koman
    1 lawyer answer

    The conditions sound like they require they pay for your relocation while they do the construction. No hot water for 8 days straight is a serious violation. The tenants could either move out and sue for damages after the fact, or consider a rent strike - if the vast majority of tenants withheld rent that would get their attention. Prior to either of these choices, you should contact the local housing and building inspectors and get the owner cited for the violations you claim. http://...

    1 person marked this answer as helpful

  2. If I pay my tenant to move out, am I forfeiting my judgment against her?

    Answered almost 4 years ago.

    1. Frank Wei-Hong Chen
    2. Richard C Koman
    2 lawyer answers

    You already have a judgment? Confused as to why you want to garnish her wages and give her money to move. The short answer, however, is no: you can't add your voluntary payment to the judgment. The judge has to approve all amounts in the judgment. And no, you don't forfeit your judgment by helping her. I would suggest however that going after her for the money judgment is not the right thing to do.

    1 person marked this answer as helpful

  3. Is there any cause for eviction if the tenant is away from the premises for long periods but still pays rent on time?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Richard C Koman
    2 lawyer answers

    I agree it is strange that you have a problem with a tenant who pays the rent on time and creates no problems. Perhaps you're concerned about a possible break-in because the apartment appears vacant? As a general matter, you can do a "no cause" eviction in California by simply giving 30 days or 60 days notice (the latter if the person has rented for more than a year). In L.A., however, there are stringent controls on evictions. You'd want to check with an attorney about limitations on "no...

    1 person marked this answer as helpful

  4. Unlawful entry by landlord

    Answered over 4 years ago.

    1. Richard C Koman
    1 lawyer answer

    I"m a little unclear on how they got to stay in your home? I assume you consented that they should stay at the house. I understand you're pissed off but it doesn't seem like there's anything to do at this point, other than the security deposit. You could write a letter reminding them that they need to return the deposit within 21 days and that failure to do so (or provide an accounting) subjects them to a 200 percent penalty under Cal law. If they dont, you can sue them for 3x the deposit. Your...

    1 person marked this answer as helpful

  5. Can a subpoena be accepted at a business for an employee who is not on site?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Richard C Koman
    3. Steven Alan Fink
    3 lawyer answers

    As a general matter, it is true that there can be substitute service; however, in the case you describe, I'm not sure the substitute service was effective if it was just thrown at a security guard. The process server must make a good faith effort to find the person, by trying different days and times of day. If after that effort, service cannot be made it can be served by sub service. Even so, throwing it is only good if the person refused to accept service. Telling the lawyer that the service...

    1 person marked this answer as helpful

  6. My husband and i want to open a home based business and i am confused over a sole proprietor, partnership, joint venture. help?

    Answered over 4 years ago.

    1. Galen Gentry
    2. Dana Howard Shultz
    3. Pamela Koslyn
    4. Richard C Koman
    4 lawyer answers

    You can chose an LLC or an S-corporation. Generally, LLCs make the most sense but the tax ramifications should be discussed with you tax professional. For instance, an S corporation can be tax-beneficial if you would otherwise face substantial self-employment taxes. Other than the tax ramifications, the considerations would be whether you plan to bring in other investors (selling stock in a corp) and the formalities involved. It should be noted that you must follow the formalities or your...

    1 person marked this answer as helpful

  7. Signed month to month lease not knowing that the property is on default and now foreclosure process begun

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Richard C Koman
    2 lawyer answers

    Under federal law you should get 90 days notice as a tenant, under the Protecting Tenants from Foreclosure Act. You can usually get paid if you're willing to vacate early. You should pay the rent to the landlord until the bank becomes the actual owner. Then you can stop paying rent.

    1 person marked this answer as helpful

  8. Is it worth going to trial an eviction ?

    Answered almost 5 years ago.

    1. Richard C Koman
    2. Robin Mashal
    2 lawyer answers

    Agree with Robin. You didn't pay rent and you don't have a job, so you really have no defense in an eviction case. However, the circumstances of your promised job not being available are suspicious. You might want to see an employment lawyer.

    1 person marked this answer as helpful

  9. I had a tenant who signed a lease gave me rent for 1st month then didnt want to move in as she said it was dirty. Do i have to r

    Answered almost 5 years ago.

    1. Robin Mashal
    2. Richard C Koman
    2 lawyer answers

    So you signed a lease for a place when it was in a dirty condition, breaching your promise to provide clean and habitable premises. Then you entered into an oral contract to refund, which you now wish to breach. Maybe you should give her money back, clean the place, and make a fresh start at being a proper landlord. You think?

    1 person marked this answer as helpful

  10. How do I make my tenants clean up their junk? It is everywhere. inside and out.

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Richard C Koman
    2 lawyer answers

    Do you have a security deposit? Will that cover the cost of paying a cleanup crew? It sounds like they're clearly in breach of the lease, so you have the right to give them a three day cure or quit. If they dont clean it up, you can evict them through a lawsuit, including a money judgment for the cost of cleanup. If you have no deposit and you cant collect the judgment, consider it a cost of doing business foolishly and renting to junk monkeys. Be more careful next time, run an eviction...

    1 person marked this answer as helpful