Questions answered by Joseph W. Kellener

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Difference between statutory rape and sexual battery. Which is considered more heinous and do both require sex offender reg.?

Joseph's answer | Answered on April 12, 2016

My understanding is that a conviction for misdemeanor sexual battery carries a maximum county jail sentence of either six (6) months or one (1)...

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Breaking a lease, landlord kept 1500 of deposit. is this legal?

Joseph's answer | Answered on March 26, 2016

Agreeing with fellow counsel, if you are correct and the landlord has retained your security deposit in bad faith, you can sue the landlord and...

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Landlord cancels UD for fixed term lease and refiled a 3 day pay or quit and a 60 day-now confused

Joseph's answer | Answered on March 26, 2016

If you have a two year lease, and have paid your rent on time, the landlord must have some other reason to post the notice to quit. Perhaps a...

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..rude/abusive landlord verbally abusive landlord, treat me when I ask to fix uninhabitable ( black mold/no heating etc.

Joseph's answer | Answered on March 08, 2016

If you are suffering from all these issues you should contact the Housing Department to have them come inspect your unit and notify the landlord of...

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Would I be able to get out of my lease

Joseph's answer | Answered on February 03, 2016

If the landlord is authorizing you to repair the problem and it will be taken out of the rent, I do not see a breach. In fact, if the landlord...

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Are landlords req'd to provide a min number of spaces per apt; can it be used other than parking; how much notice before inspect

Joseph's answer | Answered on January 19, 2016

The easiest thing to do is to the call the housing department and code (zoning) enforcement will determine whether the property, which is zoned in...

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How do we dispute this policy about window AC? is there something in writing?

Joseph's answer | Answered on January 19, 2016

If you are being told you CANNOT do something, then the condition should be written down in your lease. If there is no such condition, and the...

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Is there paperwork that I can file to push back the hearing date for a TRO?

Joseph's answer | Answered on January 19, 2016

Easiest way to deal with this situation is ask the other side to continue the court date. IF they refuse, you can ask the judge or hire your...

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What sort of recourse do I have to reduce my rent owed or to get a little more time to live on the premises, or both?

Joseph's answer | Answered on January 05, 2016

There are many rules which protect tenants regarding the notices you received and the way you received them. Before any legal action is taken,...

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Does a Motion to Disqualify opposing counsel "count" as a responsive pleading preventing default?

Joseph's answer | Answered on November 25, 2015

I would argue no, it is not a responsive pleading. Responding pleadings are specifically stated in the CCP.

Joseph W. Kellener's Answers (378)

Difference between statutory rape and sexual battery. Which is considered more heinous and do both require sex offender reg.?

Breaking a lease, landlord kept 1500 of deposit. is this legal?

Landlord cancels UD for fixed term lease and refiled a 3 day pay or quit and a 60 day-now confused

..rude/abusive landlord verbally abusive landlord, treat me when I ask to fix uninhabitable ( black mold/no heating etc.

Would I be able to get out of my lease

Are landlords req'd to provide a min number of spaces per apt; can it be used other than parking; how much notice before inspect

How do we dispute this policy about window AC? is there something in writing?

Is there paperwork that I can file to push back the hearing date for a TRO?

What sort of recourse do I have to reduce my rent owed or to get a little more time to live on the premises, or both?

Does a Motion to Disqualify opposing counsel "count" as a responsive pleading preventing default?