Does landlord need to show up for a restraining order hearing if the court papers were mailed and never served personally?
Jethro's answer
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Answered on August 14, 2023
If you were not properly served, you don't have to appear, and the court would not have jurisdiction to hear the case in your absence.
You may...
My sub leaser didn’t sign the contract i sent her but moved in and paid anyway, is she responsible for the damages?
Jethro's answer
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Answered on August 14, 2023
Despite the lack of a signed agreement, you can still seek compensation from the subtenant for anything beyond ordinary wear and tear.
You...
What are my options to walk away from my California rental property that is losing money?
Jethro's answer
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Answered on August 14, 2023
From your description, it sounds like you should be able to sell the property for a sum which may well be enough to cover the mortgage, real estate...
Can a property owner and his legal employee enter a residence with a 24 hour notice and do these things?
Jethro's answer
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Answered on August 14, 2023
I agree with Mr. Vinoly, but would add that bad faith violations of Civil Code Section 1954 (the law which regulates a landlord's right to enter)...
Would I be able to extend our 60 day notice ?
Jethro's answer
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Answered on August 14, 2023
Rent is normally owed through the last day of the termination notice, and if you don't pay it, the landlord can serve a pay or quit notice, and...
Can my landlord force me to move if they want to sell the property?
Jethro's answer
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Answered on August 14, 2023
An emailed termination notice is invalid - notice must be in writing, and must comply with Civil Code Sections 1946-1946.1 and any applicable...
I received a Summons&Complaint(eviction), Landlord-No "just cause" to evict me.Motion To Strike-Quash-Demurrer-Best 1 to file?
Jethro's answer
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Answered on August 14, 2023
Since failure to comply with applicable "just cause" requirements is something which should be determinable from the face of the complaint, filing...
Can I seek damages against a landlord for filing a frivolous and revenge motivated lawsuit even if he dropped it before trial?
Jethro's answer
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Answered on August 14, 2023
Filing and prosecuting lawsuits is generally protected activity under Civil Code Section 47 and the derivative case law. However, there are...
Do the tenants owe the full 60 days rent after receiving a notice to vacate?
Jethro's answer
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Answered on August 14, 2023
Assuming it is a month-to-month tenancy, the tenants are well within their rights to give notice at any time (you can insist upon formal notice as...
Landlord never served us a Notice To Vacate-filed a UD and served me a Summons &Complaint.Can I file a Motion To Quash The S&C?
Jethro's answer
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Answered on August 11, 2023
If the deficiency in service is clear from the face of the complaint, then you could raise this issue via demurrer. Otherwise, you would normally...
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