Archived
Received CIV-100 from previous apartment company from California with request for "Entry by Default and "Court Judgment"
Jethro's answer
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Answered on March 09, 2018
Because you were still a party to the lease, you remained jointly and severally liable for all obligations under that lease, including rent....
Archived
What do I do with two completely different answers from the attorneys here?
Jethro's answer
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Answered on March 09, 2018
Legally speaking, if you give proper notice under Civil Code Section 1954, and are entering for one of the permitted reasons, you can enter whether...
Archived
If Landlord dismisses a UD suit against me SECONDS before trial, who prevails and what recourse does tenant have for damages?
Jethro's answer
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Answered on March 08, 2018
If a plaintiff voluntarily dismisses, the defendant is entitled to costs, if a timely cost memo is filed. Attorney fees are generally not...
Archived
HOW CAN I IMMEDIATELY EVICT SOMEONE FROM MY HOME THAT HAS NEVER PAID RENT AND IS THREATENING TO PHYSICALLY HARM ME
Jethro's answer
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Answered on March 08, 2018
You may be able to get a civil restraining order, including under Code of Civil Procedure Section 527.6.
If the person is properly characterized...
Archived
Warranty of habitability?
Jethro's answer
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Answered on March 08, 2018
It sounds like there are multiple violations of habitability requirements - see e.g. California Civil Code Sections 1941-1941.1.
If you have not...
Archived
Can my landlord ask me to leave for 2 latefees he served papers to my house he's sewing me?
Jethro's answer
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Answered on March 08, 2018
Late fees are generally illegal and unenforceable in residential tenancies. See Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7. However, unless...
Archived
What are my rights regarding a 3 month leaking ceiling and now during repairs a big open hole in ceiling?
Jethro's answer
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Answered on March 08, 2018
If you have not already done so, you should immediately complain to the local code enforcement agency. If the landlord is cited for health and...
Archived
What rights do I have if I was living with a friend of mine decides to move out of his apartment and I wasn't on the lease and
Jethro's answer
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Answered on March 08, 2018
I'm sorry you are experiencing this. However, unless you are a co-tenant (e.g. by the landlord accepting rent directly from you), as opposed to...
Archived
Can an apartment landlord collect months worth of late fees from my security deposit without issuing a notice of these fees?
Jethro's answer
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Answered on March 07, 2018
Late fees are generally illegal and unenforceable in California residential tenancies. See Orozco v. Casimiro (2004) 121 Cal.App.4th Supp....
Archived
Can i sue my landlord for obstruction of our quiet enjoyment of our apartment unit? Noisy neighbors.
Jethro's answer
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Answered on March 07, 2018
I'm sorry you are experiencing this.
Have you also complained to the local code enforcement agencies? The number of chickens, etc. could well...
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