Archived
Can our landlord evict us if he has excepted partial payment? There is no lease anymore we are on a month to month basis.
Jethro's answer
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Answered on June 18, 2018
The landlord can't evict you without first serving you some manner of appropriate written notice (e.g. 3-day pay or quit).
You may also be...
Archived
What can i do if my neighbor keeps on smoking marijuana and my landlord told me if I want to move out I should ?
Jethro's answer
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Answered on June 18, 2018
Even if the marijuana use is generally legal under state law, it is still illegal under federal law, so you may have remedies against both the...
Archived
What happens if landlord accepts rent for an eviction in process
Jethro's answer
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Answered on June 18, 2018
The landlord's acceptance of rent does not automatically stop the unlawful detainer, so you should still timely file an answer, and plead in that...
Archived
Can my landlord legally keep a section of my house for personal use?
Jethro's answer
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Answered on June 18, 2018
If your rental agreement did not include the space, the landlord may continue to use it. If the landlord's use is somehow illegal (such as residing...
Archived
How long is a 3-day-Notice to Pay or Quit good for before entering a complaint in small claims court?
Jethro's answer
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Answered on June 18, 2018
Unless the tenant actually accepts service that way, service of a 3-day notice via certified mail would not be valid -- see Code of Civil Procedure...
Archived
I need to move back into my unit can I terminate the lease on those bases?
Jethro's answer
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Answered on June 18, 2018
That would normally be good cause to terminate. However, you should consult a local landlord-tenant attorney to review your lease, draft and serve...
Archived
Do I file a motion to quash due to landlord accepting partial rent after 3day pay or quit ?
Jethro's answer
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Answered on June 18, 2018
Although it is unclear from your post, I assume your landlord has moved forward with an unlawful detainer. if so, defenses (such as waiver) based...
Archived
Our tenants’ lease expires in fewer than 30 days. Can we legally give 60 days notice to evict without cause?
Jethro's answer
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Answered on June 15, 2018
The threshold question is whether the tenancy is subject to Oaklnad's Just Cause for Eviction Ordinance. If it is, then the expiration of the lease...
Archived
I have a tenant who just moved out. There children want to move in.
Jethro's answer
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Answered on June 15, 2018
Depending on the terms of your rental agreement, you may or may not have the right to limit how long the children could stay as guests. However,...
Archived
Can I evict a tenant who don’t allow pest control treatments in her apt in a controlled rent complex in the city of LA?
Jethro's answer
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Answered on June 14, 2018
If the tenant continued to refuse access after receiving cure or quit notice, grounds should exist on grounds of nuisance, breach of covenant,...
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