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Nnogo Cecilia Obiamiwe

Nnogo Obiamiwe’s Answers

377 total


  • Can my landlord get away with this?

    Nnogo’s Answer

    If your landlord files an eviction action against you based on unpaid rent or eviction for cause, the landlord, as plaintiff, will have the burden of proof at trial. This means that it is the landlord's duty to prove that either there is rent owed or the tenants are in violation of one or more lease provisions. If he is able to prove that you did not pay rent, then you would have to rebut by showing that you did.

    In any case, my opinion is that the court will be skeptical if the landlord alleges that you owe back rent from 2012, and, arguably, no action was taken all those years. I suggest you contact a lawyer not necessarily to file a lawsuit, but to guide you through the process. There might be a legal way to stop your landlord from doing what he's trying do.

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  • My HR rep asked me about medications I am taking and then said I could lose my job?

    Nnogo’s Answer

    Under the Americans with Disabilities Act (ADA), an employer may ask a current employee about prescription medicine ONLY when it is job-related and involves a business necessity. So, an employer may not ask all employees to disclose any medications they take. Instead, the employer needs to determine the job positions for which prescription-related questions would be job-related and consistent with business necessity. Typically, those will be safety-sensitive positions, such as drivers, police officers, and heavy equipment operators. Employees in jobs that don’t face a significant job-related safety risk associated with the side effects of prescription medications should not be asked about their use of those drugs.

    Based on the above analysis, it would be important to know what your job duties entail to determine whether or not your employer’s inquiries were lawful.

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  • What can I do if my step-father evicts us (mother, siblings, myself) from a home we rent?

    Nnogo’s Answer

    In addition to the solid advice given by the previous counsel, I would add that if your mom and “stepdad” are no longer a couple, it might be best to move out. Moving out is probably not ideal for your family during a pandemic, so, to force a move, your stepdad is required to take proper legal steps which have become more stringent with the pandemic. Alternatively, you could all agree that your family will move out as soon as it is safe to do so, or on a predetermined date in the far future - say in 8 months or so?

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  • Are any auto dealership employment attorneys in avvo ?

    Nnogo’s Answer

    You’ll need to ask your question and employment lawyers will respond.

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  • Can a landlord be sued for excessive security deposit withholding?

    Nnogo’s Answer

    You can file a small claims suit. Hopefully your boyfriend has photographs of the condition of the apartment after you cleaned and made repairs. I suggest your BF first write a letter to the landlord to let him know you’ll file suit if he does not reimburse you for items that your BF did not damage or would be considered regular wear and tear. Read California Civil Code section 1950.5.

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  • Can a landlord lock the front entrance gate to apartments without giving tenants a key to access it?

    Nnogo’s Answer

    I suggest you file a police report. I don’t know the penal code but the landlord is essentially locking you out of your home. The landlord’s conduct prevents you from readily having access to your home. This is dangerous and unlawful.

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  • Can an employer pay their employees late?

    Nnogo’s Answer

    I suggest you contact the Labor Commissioner if late wage payments have become a pattern. Here’s the link: https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm

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  • Can my landlord ask me to sign a paper using Covid 19 as the reason why I haven’t paid rent when that is not the truth at all?

    Nnogo’s Answer

    Your landlord is misrepresenting the reason why you failed to pay your rent. I would suggest against signing that document.

    Did you repair the roof and withhold the cost of the repair? Is that why you stopped paying rent? California Civil Code section 1942 addresses a tenant's right to repair and deduct. However, tenants need to be cautious in asserting that right.

    Civil Code 1942 (a) provides as follows: "(a) If within a reasonable time after written or oral notice to the landlord or his agent . . . of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period."

    This means that for a tenant to properly assert the repair and deduct remedy: (1) The repair must be serious (which a caving ceiling would be); and (2) The tenant may not deduct more than one month's rent. Continuously withholding amounts in excess of your monthly rent is not permitted under this statute.

    In light of the foregoing, you should reconsider withholding rent and should perhaps speak to a landlord-tenant lawyer, especially if your landlord continues to insist that you sign a document that is not truthful or retaliates against you in other ways.

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  • Is my landlord required to put screens on my window if I was not informed before move in that there weren’t any?

    Nnogo’s Answer

    California's habitability laws do not require its landlords to install or pay for window coverings in rental property. You comply with housing codes by providing windows that give adequate protection. However, uncovered windows create their own problems and there is case law to that effect.

    Although California courts have not imposed a general duty upon landlords to install window screens or other protection from falls or even habitability fails, the infestation in your unit may establish an obligation on the part of landlord to do so based on the warranties of habitability and quiet enjoyment which come with every residential lease agreement in California. 

    Because of your "severe" allergic reaction, you can request "reasonable accommodation" (RA) of the installation of screens. Perhaps your treating physician can also write a letter requesting that screens be installed to allay the allergic reaction problem you're experiencing.

    "Reasonable accommodation" is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a "disability" or medical condition to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Thus, even though your landlord claims they do not install screens past the second floor, in your situation and even though you are on the 6th floor, the landlord is legally obligated to engage in a dialogue with you (interactive process) to determine what to do in your situation.

    To reiterate, once the landlord receives your written request for RA, they are required to reach out to you to begin the "interactive process" of discussing what they can do to solve the problem. Otherwise, your landlord may need to face legal ramifications of ignoring the law if you end up filing a civil action for breach of the warranties of habitability and quiet enjoyment, denial of reasonable accommodation, amongst other claims.

    Finally, I suggest you keep copies of all documents relating to these matters in a separate file in the event they are needed.

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  • Can a fireman give legal advice to a landlord?

    Nnogo’s Answer

    Here are some resources in your jurisdiction and I would contact #1 as soon as possible. Take the time to read through the rest.

    (1) https://homeguides.sfgate.com/report-landlords-1798.html
    (2) https://sftu.org/about-us/
    (3) https://homeguides.sfgate.com/report-landlords-1798.html

    Then contact a landlord-tenant lawyer in your jurisdiction - preferably one who represents tenant-plaintiffs.

    As far as the firefighter is concerned, it's difficult to say if the person is unlawfully engaging in the practice of law. He could just be rendering his opinion - even if the opinion sounds incorrect and even unlawful. In any event, from what you explain, the firefighter is breaking the law. Perhaps you should file a police report.

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