Daphne Lori Macklin’s Answers

Daphne Lori Macklin

Sacramento Administrative Law Lawyer.

Contributor Level 13
  1. Property owner is husband and wife. I should put both or just one of the owner on SC-100 small claim court as plaintiff?

    Answered almost 2 years ago.

    1. Daphne Lori Macklin
    2. Adam Jay Jaffe
    2 lawyer answers

    I recommend that you slow down a little. If you are evicting a tenant you should probably be going to Superior Court, limited Civil Division rather than Small Claims. Also as you are both owners of the property, you will both need to be named as plaintiffs and someone else will need to serve the unlawful detainer summons and complaint. I recommend that you review the attached link and contact a housing law attorney in your community.

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  2. I got a 3 day notice to get out of the house yesterday which was a friday can they really just give me 3 days to move out?

    Answered almost 2 years ago.

    1. Daphne Lori Macklin
    2. Brad S Kane
    3. Cheryl Rivera Smith
    3 lawyer answers

    You need an attorney immediately. There are very specific protections for tenants living in foreclosed properties. The new owner must obtain a court judgment against you in order to force you from the house. Contact the local bar association first thing on Monday morning and review the attached links. Good luck with this.

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  3. Our landlord text our phone telling us we had to be out in 3 days because we are late (1 day) with rent is this legal?

    Answered over 2 years ago.

    1. Michael Ryan Juarez
    2. Daphne Lori Macklin
    3. Haig B Kazandjian
    3 lawyer answers

    As the landlord knows that you are living in the unit, he is can only terminate the tenancy of you as a subtenant with proper written notice. A text message is not a written 3-day pay or quit notice. You should consult the California Department of Consumer Affairs Landlord Tenant handbook.

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  4. I paid rent with a money gram money order. Mine is one of 12 stolen from managers rent drop box. Am I responsible to pay again?

    Answered almost 2 years ago.

    1. Daphne Lori Macklin
    2. Douglas Whitney Weitzman
    2 lawyer answers

    Two things: First, you should consider contact the District Attorney's Victim Witness program. There may be some resources for you as the victim of a crime to help with the rent payment. Second, you should consider contacting the local Better Business Bureau for help dealing with Money Gram. My position is that when you deposited the money order in the drop box, you paid your rent and no further payment from you is required. The landlord may feel differently so you may need to negotiate a...

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  5. Do you need to have a social security number if you are the one of the heirs of decedent's estate?

    Answered almost 2 years ago.

    1. Daphne Lori Macklin
    2. Christine James
    3. Gregory Paul Benton
    3 lawyer answers

    I recommend that you contact an experienced probate attorney as soon as possible. I can imagine that a valid SSN would be necessary to make certain that all appropriate taxes are paid for any beneficiaries of the distribution of the estate. However, I recommend that you not provide this information to the estate without a written explanation of the reasons for the request and some assurance that the information will remain confidential.

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  6. Served with a 3-day notice from lawyers office but not through court. will cops make us leave in 3 days if we don't have money?

    Answered about 2 years ago.

    1. Daphne Lori Macklin
    2. Frank Wei-Hong Chen
    3. Kevin Samuel Sullivan
    3 lawyer answers

    The 3-day notice to pay or quit is just the first step. Your landlord will then need to serve you with an unlawful detainer summons and complaint. You only have five calendar (not legal or business) days to file your answer. Review the attached link to the California Department of Consumer Affairs Landlord Tenant book. It has an excellent description of the eviction process. Your landlord cannot have a law enforcement officer "kick" you out of your home without appropriate legal process....

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  7. Social Security - what are the family income limits for child filing for SSI?

    Answered about 2 years ago.

    1. Daphne Lori Macklin
    2. Lawrence John Gibney Jr.
    2 lawyer answers

    You need to consult with a Social Security specialist in your community. If you are receiving federal SSDI disability insurance benefits, your disabled child should also be receiving non-disability related dependents' benefits on your account. This payment would count against your son's financial eligibility for SSI child's benefits. The $500 you receive in child support for this child will also be counted against any financial eligibility for this child. As an alternative to getting...

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  8. Our family of 4 have been living in a house for almost a year with no heater do I have to keep paying rent to my landlord?

    Answered about 2 years ago.

    1. Daphne Lori Macklin
    2. Erin Patricia Farley
    3. Harris Justin Brumer
    3 lawyer answers

    Review the link attached to this answer. You need to pay the rent, including late fees. Once you have done this I recommend that you have the house inspected by the appropriate public authorities. Once a notice has been issued to the property owner concerning substandard conditions, she or he will have 30 days to comply with the order. If there is no compliance, then you are legally allowed to withhold rent as a landlord cannot charge rent for a unit that has been formally cited as...

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  9. Guardian in CPS case gets rid of 1 child now what?

    Answered over 2 years ago.

    1. Daphne Lori Macklin
    2. Daniel Mcgraw Little
    2 lawyer answers

    It is not clear to me from your question how a CPS case became a guardianship matter. It would also be useful to know the status of the your nieces' biological parents? And, it is important to know whether the legal rights of the biological parents have been terminated. It is unclear why the child who has been separated from her sisters has been placed in a group home. It may be that the child has special educational needs or developmental or emotional disabilities that need to be...

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  10. Bank suggested tenant not to pay rent since the home is in foreclosure process (California)

    Answered almost 2 years ago.

    1. Daphne Lori Macklin
    2. Antoinette Cara Liewen
    3. Richard Kim
    3 lawyer answers

    You need to contact an attorney in your community as soon as possible. While you may be in foreclosure, it is not appropriate for anyone at the bank or mortgage lender to be suggesting that your tenant not pay rent to you. That is interference with your contractual relationship with your tenant and will consequently impact your ability to address your mortgage issue. You need to consult with a real estate attorney and communicate your concern about representations being made by the bank or...

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