When and how to start taking action against guarantor for rent due which is not included/protected under current moratorium?
Jethro's answer
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Answered on May 13, 2020
Assuming the wording of the guaranty allows it, you can immediately sue the guarantor for breach of contract. However, suits for breach of contract...
Archived
Can I be evicted in California while virus is still going on??
Jethro's answer
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Answered on May 13, 2020
I agree with Mr. Moss. However, if the landlord moves forward with a lawsuit for unlawful detainer (the various moratoriums often have an exception...
If my landlord lied about the square footage of the rental can I get out of the lease?
Jethro's answer
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Answered on May 13, 2020
You may have grounds to rescind the lease under Civil Code Section 1689 for fraud. Consult a local landlord-tenant attorney for help.
Can i sue/ or get out of my apartment agreement?
Jethro's answer
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Answered on May 13, 2020
What you have described probably does constitute a nuisance (see Civil Code Section 3479), as well as a breach of your quiet enjoyment rights (see...
Archived
Is it legal in CA for a property management company to take over a house rental and use the Sec. Dep. to pay for landscaping?
Jethro's answer
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Answered on May 12, 2020
I agree with Ms. Murphy. Under Civil Code Section 1950.5, the court will have the discretion to award you statutory/punitive damages if the court...
Archived
My manger harassed me, to make a specific monetary payment or he would file for eviction. Even though there is a hold
Jethro's answer
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Answered on May 12, 2020
You could complain to the local DA or City Attorney., and possibly to the State Attorney General.
You could also seek help from a local...
Archived
How should I respond to my landlord's accusation of violating the lease?
Jethro's answer
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Answered on May 12, 2020
If you disagree with the accusation, you may not need to do anything in the short term, beyond telling the landlord that you deny the...
Archived
What happens now? My subletter hasn't paid rent in 11 days and hes ignoring my texts and calls. I removed his door knob.
Jethro's answer
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Answered on May 12, 2020
I agree with Mr. Freitas - see e.g. Civil Code Sections 789.3 and 1940.2.
I suggest immediately and unconditionally restoring access, and then...
My soon to be ex-wife has left & not vacated her belongings from our leased apartment. How should I legally notify her?
Jethro's answer
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Answered on May 12, 2020
If she is a co-tenant (including because her name was added to the lease), you have no legal right or means to terminate her co-tenancy. However,...
I found an unlawful detainer under my name that I was never served with, can I do something to erase it from my record?
Jethro's answer
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Answered on May 12, 2020
If a default judgment was obtained (I agree with Mr. Torres that you could no do much about a case which had been filed, but then dismissed), and...
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