Archived
Can I still sue my old landlord for not providing me with receipts of fixed damages or returning my deposit after 2 years?
Jethro's answer
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Answered on September 01, 2017
You can sue in small claims court under Civil Code Section 1950.5 for compensatory and (discretionary) statutory/punitive damages. Because this...
Archived
Retaliation of landlord for lawsuit filed against them what rights do I have?
Jethro's answer
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Answered on September 01, 2017
Retaliation is actionable under a variety of laws, including Civil Code Section 1942.5. If the misconduct is based on unlawful discrimination...
Archived
Do I have rights as a commercial tenant if the landlord wants to allow a medical marijuana shop to open next to my boutique?
Jethro's answer
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Answered on September 01, 2017
I agree with Mr. Kane, but would also note that because marijuana is still illegal under federal; law, there may be a federal remedy (including...
I lived with my landlord and he died. No inventory has been done. Can the Trustee remove property before I move?
Jethro's answer
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Answered on August 31, 2017
Whomever seeks to hold you responsible would have the burden of proof - see Evidence Code Section 500. This would include proving that the missing...
Archived
What can I do to stop a notice to vacate in 5days?
Jethro's answer
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Answered on August 31, 2017
You can apply to the trial judge for a temporary stay of the eviction. However, it would be at the judge's discretion, and would be fairly short.
I have a nuisance neighbor who constantly fills my apartment with secondhand smoke. What can I do?
Jethro's answer
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Answered on August 31, 2017
Small claims court judges only have the authority to award damages - they can't issue an injunction.
If a tenant is engaging in an activity that...
Archived
Does tenant have legal right to withhold half her rent for this?
Jethro's answer
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Answered on August 31, 2017
It would ultimately be up to the judge/jury to decide whether the tenant had adequate legal grounds to withhold rent, and if so, how much.
Many...
Archived
Can a text from a landlord to a tenant be used in a court of law regarding harassment and notice of termination of tenancy?
Jethro's answer
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Answered on August 31, 2017
The text(s) can certainly be used as evidence. However, if the judge/jury believes that the landlord's dominant motive for evicting you was being...
Archived
Do I file a civil matter in small claims court against my landlord for my security deposit?
Jethro's answer
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Answered on August 31, 2017
The fact that your landlord is now somehow denying the existence of the lease doesn't alter your rights.
You have the right to stay for the...
Landlord tenant Law - commercial lease
Jethro's answer
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Answered on August 30, 2017
Unfortunately, your medical situation (please accept my condolences) does not provide a legal justification for breaking the lease.
If you...
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