Archived
In California, Does issuing additional 15-Day Notices every month rent is due voids or waives the in progress UD Eviction Suit?
Jethro's answer
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Answered on March 02, 2021
Possibly-especially if the tenant pays. If the tenant hasn't paid, you may want to work with your attorney to rescind it, and say it was sent in...
Can a Landlord double repair costs and add fines without providing documentation?
Jethro's answer
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Answered on March 02, 2021
You have no obligation to pay for property damage you did not cause, and the landlord would have the burden of proving you caused the...
Is a 60 day notice to quit legal if the landlord put wrong address & left name blank. I believe they Also record me getting note
Jethro's answer
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Answered on March 02, 2021
If your tenancy is subject to an eviction control law (possibly including AB 1482 and/or SB 91) and/or an eviction moratorium law, the notice may...
As a landlord can I throw away my tenants so-called belongings when it's trash and it's cluttering my backyard
Jethro's answer
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Answered on March 02, 2021
If you rented him the yard, then you don't have the right to enter the property to abate that kind of nuisance. However, you may well have the...
Archived
Hi I have a question over evictions during this time of covid.
Jethro's answer
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Answered on March 02, 2021
The eviction moratorium laws typically have exceptions for nuisance activities which create health/safety issues, so your landlord could at least...
Can my landlord get away with this?
Jethro's answer
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Answered on March 02, 2021
Under Code of Civil Procedure Section 1161, he can't serve a pay or quit notice for rent going back more than a year.
And the statute of...
Archived
Is there any action I can take if I am on a lease with someone who has stolen from me? I am hoping to be able to leave.
Jethro's answer
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Answered on March 02, 2021
If you are month-to-month, you can just give proper written notice to terminate your co-tenancy.
If you have an unexpired fixed term lease,...
Archived
Upto how many months can you collect if the tenant has not been paying for years
Jethro's answer
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Answered on March 01, 2021
Unless he agreed to pay rent, it is not clear he owes any. If he did, the statute of limitations is generally 2 years for breaching oral...
Archived
My lease states I must find a replacement for my month to month lease before I can vacate. Is this clause enforceable?
Jethro's answer
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Answered on March 01, 2021
It is not enforceable. Just give proper written notice, and move out. See Schmitt v. Felix (1958) 157 Cal.App.2d 642.
How do i file a motion to quash if the request to enter default has been entered but no proof of service
? any other advice?
Jethro's answer
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Answered on March 01, 2021
If a default was entered, then you can bring a motion to set aside the default (and any default judgment), including on grounds of invalid service...
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