Daphne Lori Macklin’s Answers

Daphne Lori Macklin

Sacramento Administrative Law Lawyer.

Contributor Level 13
  1. Tenants and sec deposits/subletting

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Shazad Z Omar
    2 lawyer answers

    If subletting was not part of your written rental agreement, then what the tenant has done is not illegal. You should consult with a housing law attorney about how to resolve this issue.

    Selected as best answer

  2. What are California residential tenants rights when landlord / property is in foreclosure? Must continue paying rent? etc.?

    Answered over 1 year ago.

    1. James R. Andrews II
    2. Daphne Lori Macklin
    3. Kathryn Ursula Tokarska
    4. Marcus William Morales
    4 lawyer answers

    You should contact HERA as a California resident. This organization is very well-versed in the rights of residents including tenants in housing at risk of foreclosure.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can the parent 13 year old son and 8 year old daughter all share a studio...one big room.

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. David Alexander Yomtov
    3. John Noah Kitta
    4. Athina Karamanlis Powers
    4 lawyer answers

    The situation you are describing is not optimal. I recommend you file to recovery custody of the children or in the alternative negotiate a change in support payment so that the family can live in an appropriately sized (at least a 2 bedroom) unit.

    3 lawyers agreed with this answer

  4. Temporary guardianship for mentally ill 35 year old son in California

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    Hopping on a plane without a plan and doing some groundwork will not be successful. First, you want to identify what resources are available to assist your son in San Diego, including the Public Guardian's Office, the local legal aid program and resources for persons with mental disabilities such as the local chapters of the National Alliance for the Mentally Ill (NAMI) and California Alliance for the Mentally Ill (CAMI). You want to review California's guardianship rules. There is...

    3 lawyers agreed with this answer

  5. Guardianship, my mother filed guardianship exparty papers for my son court said i didnt have to be notifed of hearing, or served

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Oliver Alexander Greenwood
    3. Daniel Mcgraw Little
    3 lawyer answers

    First, as the parent of the child you have significant rights in this matter. You need to contact the self-help center or family law facilitator at your local superior court as soon as possible. You are entitled to notice of the filing of the temporary guardianship and most certainly of any attempts to make the guardianship permanent. You need to consult with a family law or probate attorney about this matter as soon as possible.

    3 lawyers agreed with this answer

  6. Can I issue a subp deuc tecum in a guardianship matter in order to get documents pertaining to the case and to pursue charges?

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Oliver Alexander Greenwood
    3. Stephen Ross Cohen
    3 lawyer answers

    You have a lot of things going on in your question. To sort things out, you need to take a look at what is really happening. Unfortunately this is not clear from your question and that is a clue that you should consult with a probate or family law attorney about this issue. You can get a subpoena for information that you believe is related to the guardianship matter, my sense is that you need to meet with an experienced probate attorney to sort through what issues need to be pursued through...

    3 lawyers agreed with this answer

  7. Can I be my little brothers guardian?

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Charles Adam Shultz
    2 lawyer answers

    At age 16, you are too young to become your brother's guardian as you are yourself a minor. However you should make certain that the probate court is aware of your concern for your brother and work with the guardian to maintain a relationship with him.

    3 lawyers agreed with this answer

  8. Can I be charged to repaint the walls back to original color after 29 months? Is this damage or wear and tear?

    Answered over 1 year ago.

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

    If you can arrange to repaint the unit back to the original color, I suggest you do so. On the other hand if the walls were white and you painted them with a pale green, I think there may be some room for negotiation. The lesson here is to get permission before you repaint walls or be prepared to restore the unit to its original condition. I would negotiate a lower rate with the property owner. The owner still has to refund the deposit within 21 days or provide you with an itemized...

    3 lawyers agreed with this answer

  9. I live in california and my son has an iep inthe past Six months they kickrd him out of three school without any referrals

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    You and your child have legal rights that it appears the school district is not following. I recommend that you contact Disability Rights California about this matter as soon as possible.

    3 lawyers agreed with this answer

  10. How to evict a non paying tenant after sell of residence? Is unlawful detainer needed?

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Athina Karamanlis Powers
    3. Stuart Gregory Steingraber
    3 lawyer answers

    Even though there is no written rental agreement (at least to the best of your knowledge), you must use legal process to lawfully remove this person from the unit. You will need to serve the person with a 30-day notice to quit. If the person does not vacate at the end of the time period then you may start the eviction process. Review the attached link and contact and housing law attorney in your community.

    3 lawyers agreed with this answer