Skip to main content
Kevin Lewis King

Kevin King’s Answers

596 total

  • Boat advertising expense?

    Can I pay someone (my son) to put my company sign on his power boat and use it as a advertising expense? I have a auto mechanic shop that works on boats so the advertising placement would benefit my business just want to be sure it would be a ...

    Kevin’s Answer

    I agree with counselor Nathan's answer. Also, If you are eligible for an advertising tax deduction, you should also make sure that you are actually paying to rent the space on your son's boat. The IRS and state tax authorities do not look kindly upon sham deductions. Be sure to keep records of your payments to him.

    See question 
  • Served a 30 day notice to vacate. No Lease. Rent was worked off by cleaning house.

    I have been living in an apartment owned by a friend since November 2013. Everything was going fine up until last month when they got mad at me for something ridiculous and decided to lock me out of the house and take my keys. I contacted the loc...

    Kevin’s Answer

    You would begin counting the 30 days from the date of service, which would be the date the written notice was mailed. The day after service would be Day 1.

    Eviction notices do not need to be notarized.

    See question 
  • Hi I want to what laws protect me in a illegal rent of a basement room

    I want to no the penal code Ca laws that perfect me because I don't have a lawyer

    Kevin’s Answer

    A "basement" bedroom is not per se illegal so long as the room conforms to applicable building codes. Do you have some reason to think the room does not conform to the applicable building codes?

    Also, this is almost certainly not a criminal matter, so the Penal Code is inapplicable to this situation.

    See question 
  • My landlord ignores my request for repairs, what is my legal recourse? No longer on a lease now month to month.

    I'm renting a house that is in need of several repairs. The home doesn't have attic installation and therefore extremely cold at night. I have a disability that is worsened by cold weather. I have discussed with the landlord free services by the...

    Kevin’s Answer

    You can either begin to withhold rent or make repairs yourself and deduct from your rent after you have given your landlord 30 days written notice of the need for repairs. Your text messages and emails are sufficient for "written notice."

    See question 
  • What do I do if the tenant disagrees with the amount of security deposit I am returning in San Francisco, CA?

    When tenant moved out I provided her with pictures of the property prior to her moving in and pictures when she moved out indicating major damages. I gave her estimates from licensed contractors for the repairs. Tenant disagrees with the amount ...

    Kevin’s Answer

    Ms. Farley gives good counsel.

    Your tenant may disagree, but it sounds like you have solid documentation of the damages and repair costs. Your tenant's only recourse would be to sue in small claims court for the balance of the security deposit after you return whatever amount you have calculated.

    Unless your photos and documentation aren't telling the whole story, I wouldn't worry too much.

    See question 
  • My basement do not have a permit, I was requesting for $20 increased in rent, but my tenant refused to pay for it.

    My basement unit in San Francisco is illegal, I was requesting for a $20 increase in rent, but my tenant refused to pay for it. Do I have the right to increase rent? We don't have a lease agreement.

    Kevin’s Answer

    Because your unit is illegal, you should not try to increase the rent. You SHOULD however start researching the process for bringing the unit into compliance. You should do this quietly so as not to arouse your tenant's suspicions. Get in touch with a housing contractor and give your tenant notice that you will be performing an inspection for repair work.

    You could possibly also take the unit off the rental market. This is a "just cause" for eviction, but there are legal requirements involving giving the tenant the choice of renting the unit again if it is put back on the market. However, because you will necessarily be doing renovations and improvements to the unit before re-renting it, you can petition the Rent Board to increase the rent to a more appropriate level after the renovations.

    Unlike one of the other answers, I don't think the tenant would have a viable retaliation defense. Your dominant motive in removing the unit from the rental market is to come into compliance with the law, not to get some kind of revenge against your tenant. But you do need to set the wheels in motion because if the tenant calls and complains to DBI or the Rent Board, he/she would have started a paper trail and could possibly raise the retaliation defense even if it isn't viable. This would serve to prolong the matter and keep him/her in the unit longer.

    You need to have a contractor inspect the unit ASAP to determine what needs to be done to make it legal. Steps to take:

    1. Call a contractor and schedule an inspection of the unit.

    2. Give your tenant at least 24 hours WRITTEN notice that you will be entering the unit for a repairs inspection.

    3. Perform the inspection.

    4. Depending on the inspection findings, you may need to start eviction proceedings against the tenant. It's also possible the needed work can be done without the tenant moving. Ask the contractor.

    5. If you need to evict the tenant, contact local counsel to assist.

    See question 
  • Can someone who has been robbed drop charges

    if a person was robbed has accepted property back that was took and no longer wants to press charges can they do this

    Kevin’s Answer

    No, robbery is a crime against society, not just the individual victimized on any particular occasion.

    See question 
  • I moved to my new apartment, my neighbors down stairs are Harrassing me & my family ,today they came over yelling , drunk,fight!

    These neighbors shake up the whole apartment y jumping, yell to us, scratch my car, hit on their roof with a broom, while I'm cooking, ( over heard the wife say this), harassed the Manager....

    Kevin’s Answer

    You did not ask a question.

    Speak to your landlord about the disturbances.

    See question 
  • Hi my landlord lost his summons and complaint . Because I won the motion to quash service of summons

    And my landlord posted a new 30day notice then day later he mailed me a 3 day notice to pay rent . Now my landlord hired a attorney after he lost in court can he still evict me even though the 30 days hasn't expert yet

    Kevin’s Answer

    To answer your comment question, once the notice period expires and you have not either paid or moved out, he will file another Unlawful Detainer action, to which you should file an Answer or, if the circumstances are right, a demurrer or another Motion to Quash service.

    See question 
  • What are my rights as tenant when my landlords apartment complex has been foreclosed?

    I found out that my landlords apartment was foreclosed and sold in an auction A man came to my door saying that he was the new ownerand gave me flier with his address on it. My Lanlord stated that he was not the landlord. I do not know who to pay...

    Kevin’s Answer

    You should be able to find out the legal owner's name by checking the property records at the Assessor/Recorder's Office.

    See question