Archived
If on section 8 still in a lease and owner sell to a family member, do I have to move or can I stay for my remaining lease?
Jethro's answer
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Answered on October 04, 2019
If the property is sold, or otherwise transferred, the new owner would normally have to honor the existing lease. However, the new owner may have...
Can the landlord refuse to give me a spare key fob?
Jethro's answer
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Answered on October 04, 2019
Some local laws address this issue. If San Jose does not, then you may be out of luck, since I am not aware of any state law requiring the landlord...
Archived
Can I file my own unlawful detainer lawsuit in Los Angeles against my room mates after 3 day notice?
Jethro's answer
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Answered on October 03, 2019
Theoretically, you can. However, 3-day notices and unlawful detainers can be complicated - especially in rent control jurisdictions, so I suggest...
Archived
Legally what are my options to get neighbors to stop parking on my privately own easement?
Jethro's answer
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Answered on October 03, 2019
You may have to sue them for damages and injunctive relief, probably under legal theories of nuisance and trespass. I suggest you seek help from a...
What are my options to remove a lodger in my home who is refusing to leave when rent is not paid and 30-day notice was given ?
Jethro's answer
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Answered on October 03, 2019
Theoretically, if your 30-day notice has expired, you could ask the police to evict under Civil Code Section 1946.5. However, many local law...
Archived
Who is responsible for Pest Control if nothing is mentioned in the lease agreement?
Jethro's answer
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Answered on October 03, 2019
Yes, pest control is part of the landlrod's responsibility under both the implied warranty of habitability, and various statutes (see e.g. Civil...
Archived
Can I still be charged late fees for late rent months after landlord accepted rent each time it was late without the late fees?
Jethro's answer
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Answered on October 03, 2019
Regardless of what the lease says, late fees are generally unenforceable in residential tenancies. Orozco v. Casimiro (2004) 121 Cal.App.4th Supp....
Archived
My tenants leave the back door open and a rat got in and destroyed a new stove. Who replaces the stove?
Jethro's answer
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Answered on October 03, 2019
If you can prove that the tenants knew or should have known about the rat issue, you may have a viable claim for negligence.
If so, then the...
Archived
Do I have to pay rent after I was given a 60 day notice of eviction?
Jethro's answer
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Answered on October 03, 2019
Unless there is some legally valid basis for withholding rent, such as a substantial breach of the implied warranty of habitability, you would...
Archived
What do i do if i’ve been given a cure of quit for violating the lease agreement but the lease holder is gone?
Jethro's answer
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Answered on October 03, 2019
If you can prove that the landlord waived the subleasing restrictions, including by taking rent from the master tenant after learning that there...
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