Archived
I filed an action to evict my tenants. However, they requested a jury trial. Can we not accept it since it is a small case?
Alfred's answer
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Answered on May 12, 2013
Either party to a civil action may request a jury trial. This is a right under the US and Calif. constitutions. One party may not "refuse" to...
Archived
Paid my rent my landloard threating to lock my door is that legal
Alfred's answer
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Answered on January 29, 2013
Landlords must give written notices to tenants if they want the tenant to move. If you do not live in an area with rent control laws, the landlord...
I have a hearing to stay a sheriff lockout tomorrow. Might the judge stay even if a new tenant is scheduled to move in?
Alfred's answer
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Answered on January 29, 2013
This is a difficult question to answer because the facts will, to a great extent, determine the outcome. The kind of hardship is the key. If the...
Archived
THREE DAY PAY OR QUIT.
Alfred's answer
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Answered on January 26, 2013
Yes. The day a notice to Pay or Quit is served does not count. You have 3 full days to pay but the notice period can not end on a weekend or...
Archived
Is my rent late if NOT paid on the 1st? Is a grace period only applicable if written in the agreement?
Alfred's answer
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Answered on January 25, 2013
yes! Grace periods are terms in a rental agreement whether written or oral. If the agreement is that rent is due on a day certain then rent is...
Archived
If a "house" is illegally rented what can a lawyer do to stop UD action?
Alfred's answer
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Answered on January 25, 2013
An experienced landlord/tenant lawyer will know what defenses to present as well as how to present them. Even though there is no Certificate of...
Are you required to file proof of service with a demurrer? What is required to file this in response to a wrongful a UD?
Alfred's answer
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Answered on January 25, 2013
This question is difficult to answer since the content of the complaint is unknown. My best guess is that it is not the best way since the...
Archived
How do I know I have a case against my landlord to retrieve my security deposit?
Alfred's answer
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Answered on January 07, 2013
If you believe you are being charged for items for which you bare no responsibility you should immediately file in Small Claims Court.
At the...
Archived
What to do when a Landlord refuses to issue receipts for cash payments.
Alfred's answer
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Answered on June 24, 2012
Immediately retain a good landlord/tenant attorney.. You may have a "retaliation" defense as well as other, non eviction, claims against the...
Archived
Can my landlord legal send me a three day notice to pay or quit for one months rent not paid 11months later?
Alfred's answer
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Answered on June 01, 2012
I agree with Attorney Chen. However, you did not state how the former rent was paid, If paid with a check or money order you may be able to prove...