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Michael Robert Bracamontes

Michael Bracamontes’s Answers

113 total


  • Do landlord threats to submit to arbitrary conditions or else move out also fall under California Civil Code § 1940.2?

    Civil Code § 1940.2 states that a landlord cannot use unlawful conduct to influence a tenant to move out. But if a landlord uses the same conduct to try to get a tenant to comply with arbitrary conditions, for example submit to landlord’s breach o...

    Michael’s Answer

    I'm not sure what you mean by breach of repair agreement, but the landlord must keep the premises in a safe, sanitary, and habitable condition. If there are building code violations present, contact your city building inspector.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Can my landlord force pest control on another tenant's apartment if it is affecting my apartment?

    I moved into my 2nd floor apartment in May 2010. I've seen a few roaches in my apartment, so I've had the exterminator come a couple of times, but they always come back. I think the problem is coming from the tenants who live below me, who do no...

    Michael’s Answer

    The landlord may enter any of the units upon 24 hour written notice in order to effectuate repairs, or in this case to spray for roaches. Inform your landlord, in writing, that he/she needs to send an exterminator to the building.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • I want to evict a tenant for cultivating large amounts of marijuana... please help.

    I own a house which is being rented. I just got a call from the sheriff's department yesterday that they served a search warrant on my rented property and recovered a large scale grow operation from a detached two car garage (I was told that the ...

    Michael’s Answer

    I agree that you don't have to wait for the criminal action to run its course. You may proceed with an eviction now. However, if the property is in a rent controlled jurisdiction you should get a landlord attorney that specializes in that area.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • How long before a trial must a subpoena be served in an eviction trial in CA?

    My mother, who is in a nursing home was just served a subpoena for a trial scheduled for 830 tomorrow am. What is her legal obligation to appear? Thank you.

    Michael’s Answer

    If the trial is continued or your mother does end up going, be sure to ask for witness fees and coordinate with the subpoenaing party concerning the time of testimony so your mother is not waiting in the hallway all day.

    But I agree, tomorrow morning is not reasonable.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Can promissory estoppel and unclean hands be used as a affirmative defenses in an unlawful detainer action?

    If my landlord breached an agreement that I do major repairs which were to be properly deducted from my rent and is now trying to evict me is promissory estoppel valid for an unlawful detainer or is it really part of a separate action regarding da...

    Michael’s Answer

    You may need to file an affirmative action to get money from the landlord since the UD is only about possession of the subject premises. A landlord cannot retaliate against you by eviction just because you are exercising your rights. You should definitely contact a landlord tenant attorney in your area. Check with the county bar association for a referral.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Are we responsible for repairing the heater if it stops working?

    We have been leasing a unit and 2 days ago our heater stopped working. We have used the heater since December and in the past month of that use the bill for the heat skyrocketed (the heating is pre-programmed and nothing has been changed since Dec...

    Michael’s Answer

    If this is a residential lease, and not a commercial or business lease, then the landlord has the responsibility to keep the unit in good repair - including fixing the heater. It doesn't matter what the contract says. A tenant cannot waive that right.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • I am 33 years of age, a survivor of TBI, my mother will not represent me, my Aunt will. How can she become my LEGAL GUARDIAN?

    I need her assistance regarding Social Security Disability & possible medical coverage for the state I now live in. A mature, experienced voice is needed to represent me. I need to know what direction to follow in order to allow her to gain LEGAL ...

    Michael’s Answer

    Contact a probate attorney in your area. You can call the Stanislaus County Bar Association at (209) 571-5727 and ask for a referral.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • What is the law regarding pro rated rent for the month of February . I am in California .

    Do I have to divide the rent by 28 or 30 . I am on month to month lease .

    Michael’s Answer

    30 days.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • As a complaintant do I have a right to know the outcome of the investigation?

    I filed a complaint on local police officers. I received a letter from the PD stating "Your complaint has been investigated, concluded and appropriate action has been taken." As the complaintant do I have a right to know what the conclusion was be...

    Michael’s Answer

    You can file a civil lawsuit if you believe the police did something improper. Generally, you only have 6 months from the date of the incident to file a claim with the appropriate government entity concerning your State law claims.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Is landlord breach of tenant exercise of right under California Civil Code § 1942.1 retaliation under Civil Code § 1942.5?

    Civil Code § 1942.1 allows landlord and tenant the right to make an agreement for tenant to improve or make repairs as part of consideration for rental. The Department of Consumer Affairs notes that such an agreement must be made in good faith: th...

    Michael’s Answer

    It depends on the totality of the circumstances. If the landlord raises rent annually on the same day every year, you will have a difficult time proving retaliation. However, if your rent hasn't been raised in many years and is suddenly raised by a significant amount after a complaint, your claim will obviously be a lot stronger. At the end of the day, it is a question for the trier of fact (judge or jury).

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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