After landlord dismisses their case against tenant, should tenant automatically pay any refused back rent?
Jethro's answer
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Answered on March 21, 2024
It would make sense to do so, unless you have some basis for claiming a rent reduction (e.g. a substantial violation of the implied warranty of...
Attorney fess in rental agreement payable to tenant if eviction case is dismissed by landlord?
Jethro's answer
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Answered on March 21, 2024
That depends on whether the basis of the eviction was contract or tort, and on how broadly the attorney fee clause was worded. Under Civil Code...
Can a summary adjudication adjudicate a fact?
Jethro's answer
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Answered on March 21, 2024
No. Summary adjudication used to have a broader scope, but the Legislature amended the statute several years ago, and it now provides in relevant...
My commercial lease said I'll be a trespasser if I holdover. Can landlord self evict in this situation? Or any situation?
Jethro's answer
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Answered on March 20, 2024
If the landlord continued to accept rent from you after the lease expires, then you became a month-to-month tenant under Civil Code Section 1945...
Why doesn't my apartment manager evict my neighbors for smoking weed its against the rules?
Jethro's answer
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Answered on March 20, 2024
You may well have claims against the landlord for failing to protect your quiet enjoyment rights. See Andrews v. Mobile Aire Estates (2005) 125...
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What rights do I have as a disabled person??
Jethro's answer
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Answered on March 20, 2024
Your landlord should be able to evict the upstairs tenant for nuisance, etc. - disability rights laws may require a landlord to reasonably...
Can I be charged a relet fee on a FUTURE apartment lease that will not begin for another five months?
Jethro's answer
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Answered on March 19, 2024
The fact that the lease has not yet started doesn't somehow make it unenforceable. If your daughter is breaking her lease, she would normally be...
Should my house mate be evicted for theft?
Jethro's answer
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Answered on March 19, 2024
If your landlord has a separate rental agreement with the offending tenant, then the landlord has a legal duty to investigate the situation, and...
Can a tenant evict a subtenant in California?
Jethro's answer
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Answered on March 19, 2024
I respectfully disagree with Ms. Obiamiwe.
If the person is a subtenant, rather than a co-tenant, then your son would have legal standing to...
As a buyer of a house, can I start the eviction process for tenants who do not pay while in escrow?
Jethro's answer
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Answered on March 19, 2024
You have no legal standing to evict the tenants until you become the owner of record.
If the 3-day notice was validly drafted and served, then...
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