Archived
I served my month to month tenant a 30 day notice to vacate. She owns me 3 months of rent but I just want her to move out.
Anthony's answer
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Answered on February 23, 2014
If she has failed to pay the rent, you could serve her a 3 Day Notice to Pay Rent or Quit which would make the process got a little faster. If your...
Archived
When is it time to take the Default Judgement?
Anthony's answer
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Answered on February 23, 2014
If the tenant was personally served, he has five days to respond and you could file the default on the 6th day. If the tenant was not served...
Archived
90 days notice- when does it start and do you pay rent for the time it took to get the notice?
Anthony's answer
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Answered on February 23, 2014
You would still be obligated to pay rent during those 90 days. If you do not pay rent, your landlord could serve you a 3 Day Notice to Pay Rent or...
Archived
Can we file a claim against a landlord who rented a home to us that is in pre-foreclosure without our knowledge?
Anthony's answer
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Answered on February 23, 2014
Your landlord should have disclosed that he received a Notice of Default prior to you renting if you are renting a single family home or a building...
Archived
May I ask my HOA to justify certain fees?
Anthony's answer
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Answered on February 22, 2014
The CC&Rs would control the situation, including the fee and approval of a landscape plan. You could ask where the fee is justified in the CC&R,...
Archived
My tenant is moving out with proper notifications. Her "guests", not on the contract, are not. How can I get them out?
Anthony's answer
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Answered on February 20, 2014
You will need to file an unlawful detainer against them. Contact a local landlord-tenant attorney in your area to get the process started.
Archived
IF I am served with a 3 day eviction notice to pay or quit how long before I have to respond?
Anthony's answer
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Answered on February 20, 2014
You have three days to pay the rent in full from the date the notice was mailed out. A landlord would not be required to receive a partial payment.
Archived
How is the Fair Debts Collection Practices Act a defense to an unlawful detainer case?
Anthony's answer
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Answered on February 20, 2014
It generally should not apply, but you should have an attorney review your sister-in-law's case and to represent her at the trial, if there is one....
Archived
If my tenants say in the past I accepted late payments for rent is this a defense to my an unlaful detainer action?
Anthony's answer
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Answered on February 20, 2014
It may be a valid defense if you have a history of accepting late payments by a certain date; however, there are ways to attack that defense. If...
Archived
After the tenant demand a jury trial in an unlawful detainer case, do I file the request for trial?
Anthony's answer
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Answered on February 20, 2014
A tenant has the right to request a jury trial, and many do. You will still need to file a request for trial in order to get the trial date. You...