Is landlord breach of tenant exercise of right under California Civil Code § 1942.1 retaliation under Civil Code § 1942.5?
Kenny's answer
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Answered on February 03, 2011
Based upon the description above, I will only say that it boils down whether or not the landlord has the intent to retaliate against the tenant for...
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I want to evict a tenant for cultivating large amounts of marijuana... please help.
Kenny's answer
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Answered on February 02, 2011
No, you don't have to wait until the criminal case has run its course. You may evict him for nuisance as well. I don't believe you need to serve...
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GC lic called suspended after I hired him
Kenny's answer
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Answered on February 01, 2011
You can certainly file a claim against his license bond for abandoning the project. Chances are contractors like him often have many claims made...
Where are statutory damages for retaliatory eviction obtained?
Kenny's answer
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Answered on January 31, 2011
Tenants (as defendants) can't recover any damages (except for costs and attorney's fees) in an unlawful detainer. You have to file a separate suit....
MERS decision Question Rickie Walker Decision, Case #: 10-21656-E-11 - Trustee Questions
Kenny's answer
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Answered on January 31, 2011
In In Re Walker, the U.S. Bankrutcy Court, Eastern District judge in an unopposed motion filed by the plaintiff debtor held that MERS didn't have...
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What is the statute of limitations with regards to a first mortgage being able to collect a deficiency after a foreclosure?
Kenny's answer
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Answered on January 27, 2011
You need not be concerned with the statute of limitations. But you're still concerned, I would say the 4 years for breach of written contract would...
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Cash For Keys
Kenny's answer
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Answered on January 26, 2011
The "cash for keys" deal should not convert your loans from non-recourse to recourse. It is usually done to avoid an eviction and delay in taking...
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Can a lender refuse to give me a reinstatement quote
Kenny's answer
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Answered on January 26, 2011
After the Notice of Default (NOD) has been recorded, you have to deal with the trustee. The trustee handles all matters related to foreclosure...
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Does Bankruptcy stop an unlawful detainer case/trial.
Kenny's answer
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Answered on January 23, 2011
The general rule is if you file bankruptcy, all legal actions against you are automatically stayed. The landlord would have to go bankruptcy to get...
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Is it still retaliation if a landlord fixes and then retaliates?
Kenny's answer
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Answered on January 23, 2011
The fact that the landlord complies with the tenant's request to make repairs does not preclude any subsequent act to increase rent or evict from...
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