Archived
Is ther a real estate lawyer in Santa Barbara who can help us with a claim against a seller of a home regarding a sewer system?
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Answered on September 10, 2015
You should consult with a real estate attorney and have the purchase agreement and disclosures reviewed, and obtain legal advice concerning your...
Archived
Landlord/Tenant Deposit.
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Answered on March 14, 2015
You should review 250 L.L.C. v. PhotoPoint Corp. (2005) 131 Cal.App.4th 703, 726-727, which details this issue. If the landlord, in good faith,...
Do I have to meet and confer before I ask the Court for leave to file a second amended complaint?
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Answered on February 27, 2015
There is no requirement to do so, but it is typically done between counsel. If you can get a Stipulation to allow you to file the Second Amended...
Archived
Can a landlord charge an extra deposit even if nothing has changed
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Answered on February 26, 2015
The answer is possibly, unless you have already paid two months worth in an unfurnished dwelling, or three months worth in a furnished...
Is it required by law for pleadings to be typewritten?
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Answered on February 23, 2015
Clerks usually accept handwritten pleadings all of the time. See the CA Rule of Court below regarding the filing of Judicial Council and local...
Archived
HOA Board misconduct
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Answered on February 23, 2015
You may (not certain with the facts you provided) have a waiver argument against the Association (see case law authorities below) for possibly...
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When a landlord rents a garage to a tenant under the assumption it is a residential is the lease valid? Is it enforceable?
G.'s answer
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Answered on February 20, 2015
The prior answers are absolutely correct. The lease could be "void" as a matter of law (see authorities below).
Generally, if the object of a...
Can a tenant be evicted for threatening and harassing another tenant in California?
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Answered on January 29, 2015
Your posted facts indicate a nuisance by your neighboring tenant.
Without seeing the language of the lease it is difficult to say, but typically...
Archived
Regarding landlord/tenant legalities
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Answered on January 29, 2015
If you are renting from the landlord on a month-to-month basis, are paying rent monthly, and have lived at the premises for less than one year,...
Archived
Is it a crime to kick a tenant out and what would the police do to an owner who refuses to let a tenant in the house
G.'s answer
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Answered on January 07, 2015
You should not engage in "self-help", but should rather follow the proper eviction steps as required by California law (proper notice to be...
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