Archived
Can a landlord ask a tenant to stop smoking even though the original lease agreement does not mention "non-smoking"?
Stephen's answer
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Answered on August 31, 2012
If the excessive smoker is on a month-to-month basis, you can change the terms of the rental agreement on 30 days written notice (Civil Code...
Archived
Can I evict/use an unlawful detainer action to remove my former partner, to whom I am unmarried, from my solely owned property?
Stephen's answer
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Answered on August 30, 2012
You should be able to do that - is there any paperwork between you and your former partner concerning the rental of that property, even if it is...
Archived
San Francisco house-noise tenant problem
Stephen's answer
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Answered on August 30, 2012
Sandra,
The San Francisco Rent Ordinance provides very specific rules and limitations on why landlords can evict tenants. One of the just cause...
I am being sued but the lease agreement has a mediation and binding arbitration clause; what can i do to challenge the lawsuit?
Stephen's answer
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Answered on August 29, 2012
You may be able to bring a special motion to compel arbitration, but if you answer the complaint, you may waive your right to compel arbitration. ...
Archived
Is a Landlord allowed to change their Itemized Statement of Deductions 30 days after sending their first one of 21 days?
Stephen's answer
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Answered on August 29, 2012
Maybe. If the repairs cannot reasonably be done within 21 days, or if the documents substantiating the repairs and materials are not in the...
Archived
About Prejudgment Claim of Right of Possession- Unknown Occupants.
Stephen's answer
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Answered on August 28, 2012
Without seeing all the paperwork, it's impossible to say why the clerk rejected the default papers. Some court clerks will return the default...
Archived
HOA and remodeling
Stephen's answer
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Answered on August 21, 2012
Your question raises some additional questions - who told you to stop working and on what (or whose) authority? If you got HOA approval for your...
Archived
What would you estimate total Attorney's fees to be to appeal a small claims court judgement in CA?
Stephen's answer
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Answered on August 21, 2012
San Francisco Bay Area lawyers charge anywhere from $250-$450 per hour. Of course, it's possible a lawyer might do the Small Claims Appeal on a...
Selected as the best answer
Archived
There are 16 units in our complex. One of the owner wants to rent her unit out to section 8. Can she legally do that without HOA
Stephen's answer
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Answered on August 21, 2012
The first place to check is the governing documents for the HOA - the CC&Rs and Bylaws. Some CC&Rs require condominium owners to provide copies of...
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