Archived
Because of the noise from the street, I want to break the 1 year lease after a week of moving in, how can I minimum my loss?
Jethro's answer
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Answered on August 07, 2018
You may have grounds to rescind the lease for fraud under Civil Code Section 1689, and may also have potential claims for damages. However, you...
Archived
What if the landlord rented you the apartment knowing it has rodents (rats) in the building, what rights do i have?
Jethro's answer
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Answered on August 07, 2018
You probably have grounds to terminate your lease under Civil Code Section 1942 and/or the doctrine of constructive eviction, or to rescind your...
Can I get evicted for having my boyfriend over? Even if he’s not on the lease?
Jethro's answer
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Answered on August 07, 2018
If you are a co-tenant, rather than a subtenant, your roommate would have no right to evict you, but can sue for harassment (see Civil Code Section...
Archived
Can my landlord say when I can be on the premises?
Jethro's answer
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Answered on August 07, 2018
Yes, if your lease contained such limitations.
Some leases also have general provisions allowing the landlord to impose rules as to the use of...
Archived
Why can a 15% owner prepare a lease and sign the lease without our (we are 85% owners), knowledge or approval?
Jethro's answer
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Answered on August 07, 2018
In the absence of some agreement giving the other owner exclusive rights (the commercial lease you mentioned might do that), the most the other...
Archived
Is an arbitrary termination clause unlawful and/or unenforceable in a fixed-term lease contract?
Jethro's answer
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Answered on August 07, 2018
If the tenancy is subject to LA's RSO, then the landlord could only evict for one of the specified good causes, regardless of what the lease...
Archived
Landlord is evicting me after I called her again for health problems related to black mold. It was blank reason why. ?
Jethro's answer
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Answered on August 07, 2018
If the landlord is trying to evict you in retaliation for your complaints, then you may have rights and a defense under Civil Code Section 1942.5....
Archived
Can a property manager require a tenant to not smoke in their apartment?
Jethro's answer
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Answered on August 07, 2018
Unless there is a smoking prohibition in their lease, they should be able to smoke in their unit, unless the amount of fumes, etc. constituted a...
Archived
How can my landlord file eviction when police were notified that I moved and seen kids dad changed locks ?
Jethro's answer
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Answered on August 06, 2018
I'm sorry you experienced this.
You have the burden of proof for your motion to set aside default (I'm assuming a default judgment was entered...
Archived
What can i do if im getting evicted the landlord already went to court but i was never served papers
Jethro's answer
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Answered on August 06, 2018
If you want to fight the eviction, you should immediately hire a lawyer, seek a stay of the eviction, and file a motion to set aside the default...
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