Archived
In California how long does a person have to be gone from their legal residence for them to be considered not a tenet any longer
Jethro's answer
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Answered on March 24, 2016
If your brother has no ownership interest in the home, and is not a tenant (e.g. has not paid rent - including providing some kind of services in...
Archived
Can we legal leave without being charged a penalty?
Jethro's answer
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Answered on March 24, 2016
I'm very sorry to hear about your situation.
Have you complained to any of the relevant city/county code enforcement agencies? A citation would...
If I file an unlawful detainer case, do I need to get back rent in that case or can I get it in a future case?
Jethro's answer
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Answered on March 24, 2016
Because the primary issue in an unlawful detainer is recovery of possession, California statutes and case law limit the issues and claims that can...
Archived
Although rare, when "relief from forfeiture" is granted, does that automatically reinstate tenancy if I can pay all rent owed?
Jethro's answer
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Answered on March 24, 2016
Both a relief from forfeiture and a stay of execution are discretionary, and it sounds like the pro tem (to whom I assume you stipulated) is...
Archived
Can I deduct for painting from the security deposit?
Jethro's answer
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Answered on March 24, 2016
As my colleagues note, it generally depends on whether the marks, etc. went beyond ordinary wear and tear, and what condition the place was in when...
Archived
Can I get out of my roommate agreement?
Jethro's answer
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Answered on March 24, 2016
I agree with my colleagues.
Under Civil Code Section 1942, if there are "dilapidations rendering the premises untenantable," and the landlord...
Archived
How can we take control back of the house since they probably "cooked up" the lease and just try to mess up with me in bad faith
Jethro's answer
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Answered on March 24, 2016
Under California law, a co-owner generally does not have the right to rent anyone EXCLUSIVE use of the property unless the other owners agree. So,...
Can she evict him under "single family lodger" law. What if he puts a lock on the bedroom door after she serves him?
Jethro's answer
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Answered on March 23, 2016
As my colleagues noted, most police departments seem reluctant to enforce the lodger statute, and force a lodger to leave.
If your friend...
Archived
Is the above legal? We would like to avoid court but don't want to be taken advantage of.
Jethro's answer
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Answered on March 23, 2016
It is hard to give detailed advice without reviewing the lease documents, and getting a few more facts.
For example, many downstairs units are...
Archived
What should I do when I get suing for not having disabilities parking space even disabilities can access to the front entrance?
Jethro's answer
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Answered on March 23, 2016
Whether you have received a demand letter, or a lawsuit (summons and complaint), you should promptly consult an experienced landlord-tenant or...
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