Daphne Lori Macklin’s Answers

Daphne Lori Macklin

Sacramento Administrative Law Lawyer.

Contributor Level 13
  1. Can we increase rent on schedule?

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Frank Wei-Hong Chen
    2 lawyer answers

    I recommend that you be a bit cautious here. You should try to make direct contact with the person who is handling the rent payment and confirm that they have received notices of a rent and security deposit increase. E-mail is probably a good start but you definitely want to follow up with a regular mailed letter, possibly with a receipt confirmation. I would push the new increase date out for 30-days to make certain that communications were properly received.

    3 lawyers agreed with this answer

  2. What are the landlord's duties regarding mold in apartment and damage to personal property?

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    Your sister needs to consult immediately with a personal injury attorney. She should also take pictures and arrange for a scientific analysis of the mold. She may also need to contact the local housing department for an inspection of the unit. Finally, she probably needs to consider giving notice and taking steps to find replacement housing as soon as possible. Mold issues in rental housing can be very challenging and LL responsibility may not be easy to prove. On the other hand there is...

    3 lawyers agreed with this answer

  3. My landlord gave me 60 days for no reason and I have lived here 16 years I was late 1 time on rent and paid within the 3 days

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    You should honor the 60 day notice, move out on time, leave the unit in good condition and then file a civil rights complaint against the owner. I would suggest filing the civil rights complaint right now but the odds are that this individual's conduct is not going to get better and the sooner you are physically away from him, the better for you. You have tolerated the poor conditions for a number of years, so you have few real claims with respect to this issue. On the other hand, you are...

    3 lawyers agreed with this answer

  4. I've requested my Aunts accounting reords from the public administrators office that handled the estate & its been....

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Eric Jerome Gold
    3. Daniel Mcgraw Little
    3 lawyer answers

    You did not indicate what state where the Probate matter was handled. While it may be expensive, you may want to hire a probate attorney in that community in order to get your case handled in a responsible and timely manner. Good luck with this.

    3 lawyers agreed with this answer

  5. What kind of legal document do we need that arranges custody rights to a friend of ours to take the kid and send it to my mother

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Edna Carroll Straus
    2 lawyer answers

    You need to slow down a bit. You need to immediately consult with an immigration attorney. As the parents of U.S. citizen children you may have some claims to remaining in the United States while you regularize your immigration status. The critical issue however is this: although your children were born in the United States, certain rather tricky rules apply when a citizen child leaves the country with his or her non-citizen parents. Consult with an immigration attorney with family law...

    3 lawyers agreed with this answer

  6. Can my autistic child have the school district provide an in-home program?

    Answered about 1 year ago.

    1. Hans Albert Gillinger
    2. Daphne Lori Macklin
    3. Antoinette Cara Liewen
    3 lawyer answers

    Not only do you need an IEP as was recommended, but you should also contact Disability Rights California. This agency provides advice and counsel and has excellent materials that can help the parents of children with profound disabilities learn what their rights are to provide their child with an appropriate education.

    2 lawyers agreed with this answer

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  7. My ex-tenant sublet to another guy and he destroyed the house. Can I go after him? He is not on the lease.

    Answered about 1 year ago.

    1. Daphne Lori Macklin
    2. Peter Cameron
    2 lawyer answers

    If you have sufficient documentation to establish that this person was living in your home and responsible for the damages you are alleging, then you have a claim against this person. You will need to do some investigation however to identify the person and determine if it will be worth the effort however.

    2 lawyers agreed with this answer

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  8. We were renting an apartment and gave 1 months notice. New landlord trying to keep our deposit!

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    1 lawyer answer

    A lot of of things will get said in situations such as yours that actually do not happen. If you had properly given notice to the former owner, then the current owner is bound by the terms of that agreement, basically per their own statement. You have surrendered the unit and the keys. I would give things a few days for things to cool down. Review the attached website which is the California Department of Consumer Affairs Landlord Tenant Handbook. The LL/Mgt company must provide you...

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  9. I am being harrassed from a credit collection company for my son by phone. How do I get them to stop calling my phone.

    Answered over 1 year ago.

    1. Daphne Lori Macklin
    2. Mickey David Larson
    2 lawyer answers

    Go to the website for the U.S. Federal Trade Commission (FTC). There is information on that site about debtors' rights. You are allowed to send a letter to the creditor advising them that you are not the person responsible for the debts and that you should no longer be contacted by telephone about the matter. You may want to consult with an attorney about the proper wording of the letter and advising the creditor that any further communications with be reported to the government agencies...

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  10. Is this considered "work" while on Social Security Disability?

    Answered over 1 year ago.

    1. Clifford Michael Farrell
    2. Daphne Lori Macklin
    3. Clint Curtis
    4. Jeremy Lyle Bordelon
    4 lawyer answers

    SSA actually is very encouraging of disabled recipients seeking employment and working including in self-employment enterprises. I recommend that you consult with a disability advocate or disability attorney as well as meet with SSA staff about your plans. Review the earnings from self-employment rules at the SSA website. You should not lose your disability benefits but the amount may be reduced unless you carefully follow the rules about self-employment income. Good luck with this.

    4 lawyers agreed with this answer