Archived
What's the proper document to bring on a ex-parte hearing for plaintiff failure to comply with the stipulated judgment ?
Jethro's answer
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Answered on November 02, 2017
It is hard to say without reviewing the documents, but probably an ex parte application for both a stay (including recalling the writ) and an order...
Archived
Landlord-Tenant: what is best option: 3 days notice, 30 days notice or 60 days notice?
Jethro's answer
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Answered on November 02, 2017
I doubt whether the police would get involved, since they would probably view this as a civil matter. If you want to try, don't use 911, since this...
Archived
What to do if i already filed an answer to a eviction notice and i want to change it to improper serving CAN I DO THAT
Jethro's answer
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Answered on November 02, 2017
If you have already made a general appearance (including bt filing an answer), you have waived objections to the service of the summons. However,...
Archived
Is it legal for my landlord to evict me based on 1 neighbors constant complaining because they do not like my dog?
Jethro's answer
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Answered on November 02, 2017
If you are a month-to-month tenant, and your tenancy is not subject to a local rent control/eviction control ordinance, the landlord generally has...
Archived
My landlord is ignoring all contact by phone and email?
Jethro's answer
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Answered on November 02, 2017
I agree with Mr. Moss, but would add that if the landlord is ignoring communications about maintenance issues, you may want to complain to the...
Archived
What would happen if a landlord doesn't want to keep the tenants after the lease is up?
Jethro's answer
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Answered on November 02, 2017
I agree wth Mr. Chen, and would add that if the tenancy is subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance,...
New landlord won't honor my lease,what are my options ?
Jethro's answer
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Answered on November 02, 2017
The new owner took the property subject to your existing lease, and must honor it. If you don't want to accept any of the buyout offers (which...
Archived
Do grace period on a rent controlled apt carry over after going month to month?
Jethro's answer
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Answered on November 01, 2017
Very few leases contain a true "grace period" stating that rent payment will be considered timely if paid within a specified number of days of the...
Archived
Lease term is 12 months and 12 days; now on month to month. If served 60 day notice to vacate
do I add 12 days?
Jethro's answer
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Answered on November 01, 2017
If you are now month-to-month, the landlord can terminate by giving proper written notice under Civil Code Sections 1946-1946.1. The fact that the...
Archived
Roches in the apt from day 1,after move-in.Can we move out without penalty?
Jethro's answer
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Answered on October 31, 2017
You may very well have the right to cancel the lease without penalty under Civil Code Section 1942 and/or the doctrine of constructive...
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