I’d like to confirm that I’m not obligated to provide anything more than what the Landlord has from my security deposit?
Jethro's answer
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Answered on June 16, 2024
The listing did not need to list all of the lease terms, and it sounds like the lease had a clear prohibition on smoking.
If you violated that...
Does a pest control addendum supercede state code?
Jethro's answer
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Answered on June 16, 2024
No lease provision can validly waive habitability rights, etc. - see Civil Code Sections 1668, 1942.1, and 1953.
You may wish to complain to the...
Is it lawful for property manager to issue a 3 day pay or quit and 3 day notice to perform covenants or quit at the same time?
Jethro's answer
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Answered on June 16, 2024
There is nothing inherently unlawful about serving two notices together. However, in order to avoid possible confusion, the landlord should have...
Can I be evicted for not paying the $175 filing fee for a "3 day pay or quit" notice.
Jethro's answer
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Answered on June 15, 2024
If you timely paid the full rent demanded in the notice, then you would have a valid defense if the landlord tried to sue you for unlawful...
My 3 days notice to pay rent or quit includes late fees of 5% as my lease agreement explicitly mentions it as ‘Additional Rent’
Jethro's answer
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Answered on June 15, 2024
Mr. Arrasmith is incorrect. Late fees are generally invalid in California residential leases/tenancies - see Orozco v. Casimiro (2004) 121...
What do I do if I have an unlawful detainer complain but no summons?
Jethro's answer
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Answered on June 15, 2024
If you have already made a general appearance in the case by filing an answer/general denial, then you basically waived any defects in the service...
Can I sue my ex husband for the sales proceeds from my house when he didn’t do anything that he said he would with the money?
Jethro's answer
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Answered on June 13, 2024
You can sue for breach of fiduciary duty, and potentially seek both damages and a constructive trust. Get help from a local real estate litigation...
Should I email my landlord’s attorney informing that I have not received my unlawful detainer summons?
Jethro's answer
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Answered on June 13, 2024
You can certainly contact your landlord and/or the landlord's attorney, and make arrangements to be either served with process, or just agree that...
Community utilities for water dryer in my condo I pay for and no one else and never stated in our lease ? It is a coin operated
Jethro's answer
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Answered on June 13, 2024
Since those facts were plainly material, the landlord had a duty to disclose them before you rented, and you should have a claim for fraud. You may...
San Diego landlord is trying to claim exemption from the new San Diego tenant protection act. Was there a deadline?
Jethro's answer
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Answered on June 13, 2024
I am not aware of any court precedents speaking to that issue.
My own view is that the landlord can't use Civil Code Section 827 to get around...
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