Archived
If a df and a pl settle a case, in this instance an unlawful detainer suit, is the df (tenant) technically the 'winner'?
Jethro's answer
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Answered on March 21, 2017
It is hard to be specific without reviewing the agreement. However, if the landlord breaches, common enforcement mechanisms would include filing a...
Archived
Can the landlord ask for late charges in San Mateo CA after the rent was paid late for the amount requested in the quit or pay n
Jethro's answer
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Answered on March 20, 2017
Late charge provisions are generally not valid in California residential rental agreements. See Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7....
Archived
How long do I have to file a complaint on my neighbor that threaten to kill me?
Jethro's answer
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Answered on March 20, 2017
I will re-post this under criminal law.
In there has been more recent harassment, threats, etc., you may be able to seek a restraining order,...
Archived
Can you press charges if a man tries to bust into your house, and when you open the door, they beat up your husband?
Jethro's answer
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Answered on March 20, 2017
Yes. Call the police department at your earliest convenience, and make a report.
You can also sue for damages, but if he doesn't have any $, it...
Archived
How do i fight or appeal a judgement issued against me for more than 5k less tha 10k
Jethro's answer
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Answered on March 20, 2017
If you were never properly served with the lawsuit and/or never received actual notice, you may be able to bring a motion to set aside the default...
Archived
Can my former landlord still sue after 5 yrs
Jethro's answer
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Answered on March 20, 2017
I assume you received some manner of summons (perhaps for small claims court) - not a subpoena.
If you have been sued, you need to timely and...
Archived
Do I have to pay the lease termination fee if I vacate with in the 3 days of the Three day notice to perform covenant or quit?
Jethro's answer
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Answered on March 20, 2017
Preliminarily, you should decide whether you want to leave or not. Since it was a cure-or-quit notice, you should be able to stay so long as there...
Archived
What if the defendant defaults on the judgement
Jethro's answer
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Answered on March 20, 2017
It is hard to say without reviewing the paperwork, and getting more facts. However, I would be surprised if you could evict her any sooner than...
Archived
Is breach of implied warranty of habitability a defense to termination of a month to month tenancy
Jethro's answer
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Answered on March 20, 2017
Habitability violations would not be a defense to a 60-day notice. However, if the notice was served after you complained about those violations,...
Archived
Can my landlord refuse to pay back a portion of my security deposit due to their own negligence in the estoppel paperwork?
Jethro's answer
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Answered on March 20, 2017
Under Civil Code Section 1950.5(h)-(j), the successor landlord is jointly and severally responsible for the security deposit, even if he never...
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