Archived
Can a lawyer tell A judge he checked the wrong box when he filed the unlawful detaIner on us. Can he file the detainer in th
Jethro's answer
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Answered on December 05, 2018
Regardless of which box he checked (and the judge has the discretion to allow last minute amendments, unless you timely objected, and proved that...
We just saw that the 3-day notice on an unlawful detainer brought upon us was invalid, They held the trial and enter judgment
Jethro's answer
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Answered on December 05, 2018
As explained in one respected treatise, there is a split of authority on the jurisdictional argument:
[8:157] Failure to state summary...
Archived
Tenant wants back rent for the months unit was illegal ?he doesn’t want to leave (it’s rent
Jethro's answer
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Answered on December 05, 2018
Rent is normally not owed for an illegal rental unit. See North 7th Street Associates v. Constante (2016) 7 Cal.App.5th Supp. 1.
If you want to...
Archived
Commercial property with no lease agreement in place, tenant refused to sign lease and is now late on paying rent.
Jethro's answer
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Answered on December 05, 2018
You can serve a 3-day notice to pay rent or quit, and could also consider serving a notice of change in terms of tenancy under Civil Code Section...
Archived
Can I legally take my name off the utilities on a rental and not get my self in trouble??
Jethro's answer
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Answered on December 05, 2018
If the lease requires her to pay utilities, you can serve a 3-day notice to cure breach of covenant or quit. Otherwise, if the tenancy is...
Archived
Can my LL verbally tell me to vacate property in 60 days after receiving full rent money, come a week after and serve me in pape
Jethro's answer
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Answered on December 05, 2018
Verbal termination notices are invalid.
Assuming you are month-to-month, the landlord can terminate by giving appropriate written notice under...
Archived
Can a landlord force a tenant to leave their unit for needed repairs/eradicate black mold with only 3 days notice ?
Jethro's answer
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Answered on December 04, 2018
Unless the city has ordered you out (unclear from your post), the landlord would normally have to go through the standard termination/notice...
Archived
Can you evict someone with a 30-day notice if they have never paid rent
Jethro's answer
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Answered on December 04, 2018
If he is a tenant at will (including because he has no ownership interest in the property), you can terminate by a 30-day written notice, as per...
Archived
Amended Answer versus Original Answer to a Complaint
Jethro's answer
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Answered on December 04, 2018
One can only speculate. However, it is quite possible that the original answer was simply filed in a hurry, to avoid a default judgment. The...
What to do if a case was filed as "unlimited" and the amount was 6,000 below 25,000, should have been filed as "limited case ..
Jethro's answer
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Answered on December 04, 2018
Assuming there is no legitimate reason for it to be unlimited (see e.g. Code of Civil Procedure Section 86), you could bring a motion to have the...
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