Archived
My landlord isn't taking proper steps to rent unit out after notifying of breaking lease. Is he wrong?
G.'s answer
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Answered on March 14, 2019
It appears that you haven't surrendered possession yet. The landlord doesn't have to mitigate his damages until you actually vacate the unit since...
Archived
Why am I being served a 60 day notice without cause?
G.'s answer
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Answered on March 14, 2019
Unless there is a potential defense of a retaliatory eviction under the code (e.g., you complained of habitability issues within the last 6 months...
How do i word a neutral reference for a tenant when ordered by the court to do so.
G.'s answer
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Answered on March 12, 2019
Depending on what the Court specifically stated at the hearing, you may wish to provide the precise language ordered. Typically a Court will not...
Archived
Can I postpone a. Civil Pre-Trial Settlement Conference and a Unlawful Detainer Court Trial? Explain a stipulation please.?
G.'s answer
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Answered on March 12, 2019
If you are the Defendant you cannot modify the dates without the Plaintiff's and the Court's approval. Unlawful Detainer matters are summary...
Archived
Is it a good idea to get promise to pay back a dept done through a notary?
G.'s answer
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Answered on March 12, 2019
Why not enter into a Settlement Agreement and have the Court retain jurisdiction under Code of Civil Procedure section 664.6? You would have to...
Archived
HowHow can I get someone off? My property that's been living there for a few months I want them to leave and they won't leave
G.'s answer
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Answered on March 11, 2019
You should consult with a real estate attorney to have the proper notice prepared and served on the tenants. If the tenants don't vacate prior to...
Archived
Landlord not accepting rent what are my rights?
G.'s answer
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Answered on March 11, 2019
It is tough, if not impossible, to answer your question with the limited amount of facts provided.
If you received a notice from the landlord...
Does Vexatious LItigants laws apply also to small claims filings? Or may vexatious litigants file in small claims crt??
G.'s answer
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Answered on March 07, 2019
Under the code, it appears that the answer would be "no".
Under Code of Civil Procedure section 391(b)(1), a "vexatious litigant" means a...
For a road maintenance agreement does every house on the private road have to be a part of it?
G.'s answer
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Answered on March 07, 2019
You should take a look at Civil Code section 845, specifically subdivision (b), which is...
Archived
What do I do if the postmark on the envelope for a rent check is illegible?
G.'s answer
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Answered on March 06, 2019
Only if you return the check to the tenant and don't cash it because it was received following the expiration of the notice. The post mark is...
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