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It states in our month by month lease that the landlord requires a 60 day notice if we do not intend to renew....are we bound ?
Jethro's answer
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Answered on February 25, 2021
30 days would normally be sufficient under Civil Code Sections 1946-1946.1.
The lease provision is probably invalid - perhaps under Civil Code...
Archived
A 1-year lease goes to a mo to mo , a landlord I must give a 60-day notice. Does the tenant have to give landlord 60 day notice
Jethro's answer
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Answered on February 25, 2021
I agree with Mr. Daymude. See Civil Code Sections 1946-1946.1.
Archived
Can landlord increase rent 46% during COVID-19 declared state of emergency, and with new laws AB 1482 & penal code 396 in place?
Jethro's answer
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Answered on February 25, 2021
There are some California precedents generally upholding the validity of holdover clauses. However, my recollection is that they involved...
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I received the 60 notice & haven't been able to find a house I have cancer and stressed. My son is disabled
Jethro's answer
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Answered on February 25, 2021
My sympathies.
The first issue to determine is whether the notice was even valid. Your tenancy may well be subject to an eviction control law...
My landlord is giving me 30 days to get rid of my dog or move.
Jethro's answer
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Answered on February 25, 2021
It is unclear from your post whether your landlord served a cure or quit notice, or a notice of change in terms of tenancy under Civil Code Section...
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I'm a subtenant without a lease. Roommate got physical, threw my things out and attempted to lock me out. What can I do?
Jethro's answer
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Answered on February 25, 2021
From your description, it sounds like you have grounds to seek a restraining order under Code of Civil Procedure Section 527.6. You can also make a...
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How long will it take to get a court order to gain access for a deceased brother in S. CA?
Jethro's answer
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Answered on February 25, 2021
I am re-posting this under probate.
Unless your late brother's property was held in a trust, I would assume that someone needs to open a probate...
Archived
CCan a landlord evict me when the person on the rental agreement dies
?
Jethro's answer
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Answered on February 25, 2021
You may well have the right to stay, especially if the landlord ever accepted rent directly from you (since that would normally make you a...
Archived
How can i get my car repaired from a property premises gate closed on my car and couldnt or didnt sense an object in its path?
Jethro's answer
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Answered on February 24, 2021
I'm sorry you experienced this.
You could try elevating the complaint to the actual owner, whose address should be available form public records...
Archived
someone is trying to serve me for a unlawful detainer and I wasn't home when they Came by so they just threw in my yard legal?
Jethro's answer
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Answered on February 24, 2021
That doesn't sound like valid service. However, there is always a risk that the process server will file an inaccurate proof of service, and that...
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