My landlord is allowing another tenant to racially harrass me, what can legally be done to stop it?
Jethro's answer
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Answered on August 03, 2016
A landlord has a legal duty to intervene when tenants are causing a nuisance, or violating the quiet enjoyment rights of another tenant. Andrews v....
Archived
She hasn't given me a formal notice, do I have to move in three day without a formal notice?
Jethro's answer
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Answered on August 03, 2016
Any notice must be in writing, and properly served upon you. See e.g. Code of Civil Procedure Sections 1161 and 1162.
If you have been served...
Archived
During an agreed upon 60 day notice can my landlord continually be in my unit?
Jethro's answer
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Answered on August 03, 2016
So long as your tenancy is in effect, the landlord's right of entry is strictly limited by Civil Code Section 1954 (those limitations cannot be...
Amending a Motion for Summary Judgment
Jethro's answer
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Answered on August 02, 2016
Code of Civil Procedure Section 437c(a)(2) requires the moving party to serve the notice of motion and supporting papers at least 75 days before...
Archived
Is there anyway we can stop neighboring tenant's smoking?
Jethro's answer
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Answered on August 02, 2016
Under some circumstances, smoking can be considered a nuisance under California law (see Civil Code Section 3479 and following). However, it is...
Archived
I unintentionally voided a valid motion to strike (UD case) by filing a subsequent motion of demurrer. Is there any recourse?
Jethro's answer
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Answered on August 02, 2016
I suggest you promptly consult a local landlord-tenant attorney about helping you with the defense-unlawful detainers can get pretty...
Archived
RETALIATION: What is a current landlord allowed/ not allowed by law to disclose to my potential future landlord(s) ?
Jethro's answer
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Answered on August 02, 2016
I am sorry you are having to experience this.
It sounds like you have a pretty solid basis for claiming retaliatory eviction under Civil Code...
Archived
Oes a 50% owner of a SFR rental property have authority to demand 50% payment for landscape services verbaly objected me?
Jethro's answer
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Answered on August 02, 2016
Since you are both co-tenants, there are limitations on what either of you can do unilaterally.
You should talk to a real estate attorney about...
Archived
Do I have a case against my landlord for a retaliatory action?
Jethro's answer
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Answered on August 02, 2016
I'm sorry you are experiencing this.
Unless your tenancy is subject to a local eviction control ordinance, state law generally allows a landlord...
Archived
Who is liable for my damages? My apartment complex or my neighbor?
Jethro's answer
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Answered on August 02, 2016
I'm sorry you experienced this.
Because the landlord was put on notice of the dangerous and illegal condition created by the other tenant, and...
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