Questions answered by Jethro Sanford Busch

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Can I break my apartment lease with no repercussions fees due to other tenants smoking marijuana and going into my unit?

Jethro's answer | Answered on March 27, 2018

You may have the right to break your lease under Civil Code Section 1942 and/or the doctrine of constructive eviction. Particularly if the...

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Trustee Sale Auction - Breaking a rental lease ?

Jethro's answer | Answered on March 27, 2018

If the lease was entered into after the mortgage that was foreclosed upon, the lease would normally be wiped out. If so, you may well have the...

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How should I proceed with lease renewal and code enforcement when planning to sue LL and avoiding eviction and blacklisting?

Jethro's answer | Answered on March 27, 2018

As the other attorney mentioned, Civil Code Section 827 only applies when rent increases are implemented by way of a notice of change in terms of...

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Statue of limitations for tenant landlord dispute?

Jethro's answer | Answered on March 27, 2018

You should consult a local landlord-tenant attorney. Many offer a free initial consultation. You also have the option of suing for up to $10k in...

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Can a text message agreeing to lease an apartment be binding...especially when furniture has been moved in and a date was set

Jethro's answer | Answered on March 27, 2018

I agree with Mr. Moss. If you feel strongly about pursuing your claims, you can do so in small claims court.

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My mother is being evicted this Wednesday she is Talk 86 years old and has nowhere to go is there anything that she can do

Jethro's answer | Answered on March 27, 2018

Your post doesn't indicate how far along the eviction is (e.g. is there a notice expiring, or is the sheriff evicting after she lost an unlawful...

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On a month to month lease now, can the landlord terminate the lease in order to get much higher rent from new tenant?

Jethro's answer | Answered on March 27, 2018

If your tenancy is subject to San Jose's Apartment Rent Ordinance and Tenant Protection Ordinance, then the landlord can't force you to pay an...

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Late Fees for Rent?

Jethro's answer | Answered on March 26, 2018

Late fees are generally not legal (especially in residential tenancies), but properly-drafted and implemented liquidated damage clauses (which are...

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A adult daughter's name is not on the lease lives there since 2016 rent free but they claim she is a guest. Can we addict?

Jethro's answer | Answered on March 26, 2018

Your post does not state whether the lease term (e.g. 1 year) has expired or not. If the tenants are now month-to-month, and there is no local...

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Can my landlord kick me out with 5 days notice ?

Jethro's answer | Answered on March 26, 2018

I agree with Mr. Dispoto - your landlord can't lawfully evict you without giving proper written notice, and must go through the courts (via an...

Jethro Sanford Busch's Answers (14430)

Can I break my apartment lease with no repercussions fees due to other tenants smoking marijuana and going into my unit?

Trustee Sale Auction - Breaking a rental lease ?

How should I proceed with lease renewal and code enforcement when planning to sue LL and avoiding eviction and blacklisting?

Statue of limitations for tenant landlord dispute?

Can a text message agreeing to lease an apartment be binding...especially when furniture has been moved in and a date was set

My mother is being evicted this Wednesday she is Talk 86 years old and has nowhere to go is there anything that she can do

On a month to month lease now, can the landlord terminate the lease in order to get much higher rent from new tenant?

Late Fees for Rent?

A adult daughter's name is not on the lease lives there since 2016 rent free but they claim she is a guest. Can we addict?

Can my landlord kick me out with 5 days notice ?