Archived
Can a defendant on an unlawful detainer do a motion in limine to hide the fact they owe damages (amount after 3 day notice $)
Jethro's answer
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Answered on March 15, 2018
Technically speaking, if a valid 3-day notice expires, the tenancy is terminated, and no more rent is owed - what is owed is characterized as...
Archived
I recieved a 30 day notice ca civil procedures 1946.1b states I SHOULD RECIEVE A 60DAY NOTICE .what should i do?
Jethro's answer
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Answered on March 14, 2018
If your goal is to stay a bit longer, you could wait until the notice is about to expire before telling the owner of the mistake. However, if you...
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Archived
Can I have my wife removed from a rental property that is under my name only? Eviction is in the process.
Jethro's answer
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Answered on March 14, 2018
If you are being sued for unlawful detainer, you must timely file a response to the lawsuit, or the landlord will be free to take a default...
Archived
What happens to property where title is held in one spouses name and the other spouse dues during the divorce proceedings?
Jethro's answer
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Answered on March 14, 2018
This is really more of a probate issue than a real estate issue, so I will re-post it under that category.
Archived
Can I evict tenants that are 3rd generation tenants (original tenants have died, now children are living there without a lease?
Jethro's answer
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Answered on March 14, 2018
If your father accepted rent from the 3rd generation tenants, then chances are, you are stuck with them (assuming the units are subject to LA's...
Archived
I rent a commercial unit in CA. informed landlord of mice 2 months ago. They have done nothing. Can I get out of my lease?
Jethro's answer
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Answered on March 14, 2018
You may well have grounds to rescind the lease under Civil Code Section 1689 for fraud/nondisclosure.
Unless that right was waived in your lease...
Archived
Can I terminate my rental lease without penalty?
Jethro's answer
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Answered on March 14, 2018
Have you already tried to get the landlord to fix the problems?
If the landlord refuses to do anything, you may have grounds to rescind for...
Archived
Can my landlord increase the late fee for my rent with less than 30 day notice?
Jethro's answer
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Answered on March 14, 2018
Late fees are generally illegal and unenforceable in residential tenancies. See Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7.
If you are...
Archived
Can my property agent appear for me in court to evict a tenant?
Jethro's answer
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Answered on March 13, 2018
Technically speaking,if you are represented by an attorney, you may not have to actually attend the trial (unless the defendant has served you with...
Archived
Illegal structure under Gruzen vs Henry or Implied warranty of habitability?
Jethro's answer
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Answered on March 13, 2018
If there are outstanding code violations, and they have existed for at least 35 days without good cause, then you would probably be excused from...
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