Archived
Is it better to re-open old eviction or start a new one?
Mitchell's answer
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Answered on April 09, 2010
once dismissed, you must file a new case.
Archived
We rent a house that has gone through foreclosure. Is back rent owed without an agreement?
Mitchell's answer
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Answered on April 09, 2010
yes....back rent is owed. renters owe for their time in possession of a premises pursuant to the terms of lease, whether in writing or oral.
Archived
Is a notorized agreement made between a Tenant/Landlord valid?
Mitchell's answer
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Answered on April 09, 2010
self help in the form of changing locks without a court order is not permitted in california.
notarization does not change this law. you must...
Archived
I have had a three day posted to a rental I live in its dated three days ago just got it today but landlord hasnt kept to her
Mitchell's answer
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Answered on April 09, 2010
when the landlord files the lawsuit to evict, you will be given an opportunity to answer and raise your defense.
Archived
IS it legal to have a tenant that just moved into a apt rent after only 3 weeks?
Mitchell's answer
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Answered on April 09, 2010
renters rights are generally not different with the exception of rent control areas.
Archived
Landlord lost house in forecloser and filed an eviction on me and got a writ of possession i need it dismissed
shes not entitle
Mitchell's answer
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Answered on April 09, 2010
If the landlord lost the house and is not the owner, you should answer the complaint
and allege as an affirmative defense that the plaintiff /...
Archived
Must I give a former tenant a copy of the rental agreement to sue me? She can't find hers & disagrees with partial refund.
Mitchell's answer
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Answered on April 09, 2010
If the tenant files an action she will be able to get the lease in discovery.
Since you gave her an itemized statement, it is likely that a judge...
Archived
If our landlord gives us a 30 day notice to leave and we leave before that do we have to pay?
Mitchell's answer
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Answered on April 09, 2010
You will have to pay the rent. California requires 30 days notice to terminate a month - to - month tenancy. You may be entitled to a return of...
Archived
Can a landlord keep my deposit for breaking a lease when he already has another tenant moving in the day after I vacate?
Mitchell's answer
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Answered on April 09, 2010
Landlord may keep the security deposit, IF the new tenant is paying significantly less.
However, the landlord must provide you with an accounting.
Archived
Is it legal for HOA to restrict number of units that can be rented?
Mitchell's answer
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Answered on April 09, 2010
YES....HOA's have the ability to restrict rental units. You can check your CC&R's for the
specific restrictions.
