Archived
I initiated the eviction process on my tenant.. Judge dismissed the case because property was buil illegally..
Anthony's answer
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Answered on August 04, 2015
You lost the unlawful detainer case because you served a notice for nonpayment of rent on a place a tenant was not legally required to pay rent for...
Archived
Is the habitability of an apartment a defense to breaching lease terms such as "no pets allowed" in an eviction action?
Anthony's answer
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Answered on August 04, 2015
You have a notice problem. If you have only served a three day pay or quit notice for nonpayment of rent and based the unlawful detainer action on...
Archived
We are dealing with a clients lawyer who's SOS status is FTB Suspended. Was this lawyer even allowed to represent them in case
Anthony's answer
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Answered on August 04, 2015
Do you mean that the attorney's corporation was suspended by the Franchise Tax Board?
Archived
Home sellers and their agent stated electrical was new in MLS but we recently discovered they were illegally bypassing meter.
Anthony's answer
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Answered on August 04, 2015
You cannot sue the seller's insurance company, because the seller's insurance company is not your insurance company and owes no duty to you. ...
Archived
Since my small claims award has been appealed and moved to Superior court, am I allowed to sue for the entire debt?
Anthony's answer
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Answered on August 04, 2015
A small claims appeal is heard de novo, meaning that you will have to retry the case again, although it will be a different judge. The rules...
Archived
Advice re: can I be evicted? Landlord - tenant inquiry.
Anthony's answer
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Answered on August 04, 2015
You may have some legal protections. Depending on the circumstances involving domestic violence, elder
abuse, or dependent adult abuse against a...
Archived
Can I kick my tenant out if the lease agreement we had was very ambiguous (no start/end date, only says month-to-month)?
Anthony's answer
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Answered on August 04, 2015
I have reviewed the lease in your attachments. That is not an absolute prohibition on subleasing. I agree with the other attorneys.
Archived
Can I kick my tenant out if he sublet my house to someone else, even if it is noted that he's not supposed to on the contract?
Anthony's answer
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Answered on August 04, 2015
If the lease contains an absolute prohibition against subleasing, you can enforce and serve a three day notice to quit now.
Does evicting a tenant create a "lis pendens" ?
Anthony's answer
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Answered on August 04, 2015
A lis pendens is a lay term for a notice of pendency of action. It is not generated automatically in an unlawful detainer case,Knut it is possible...
Selected as the best answer
Archived
How can I see if a home has a lien on the property?
Anthony's answer
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Answered on August 04, 2015
That doesn't make much sense. A tax foreclosure sale wipes out other liens, and a tax lien is always going to be the senior lien by operation of...
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