Laurence Louis Spitters Jr's Answers (258)

Archived

UNLAWFUL DETAIN ER.

Laurence's answer | Answered on April 16, 2013

If the room is not a permitted dwelling, the landlord cannot charge rent, and you cannot live there. The landlord can file a UD to get you to...

Archived

Roommate and i are on the lease i paid all move in costs, he is destructive and violent, how can i legally make him leave?

Laurence's answer | Answered on April 16, 2013

You should obtain a restraining/protective order from the Sacramento County Superior Court. The Court should have a self-help office, or you should...

Archived

In a commecrial setting, is it not anticompetitive for a landlord to require tenant's use of it's contractors?

Laurence's answer | Answered on April 15, 2013

Generally, courts will defer to the terms of the lease in a commercial landlord-tenant relationship. If the maintenance obligations rest with the...

Archived

Is dead landscape in the backyard deductible from deposit?

Laurence's answer | Answered on April 15, 2013

Whether you can recoup the cost of the landscaping depends upon the maintenance obligations spelled out in the lease. If it was the tenants'...

Archived

Re- file civil case with new defendant name for the same claim

Laurence's answer | Answered on April 12, 2013

If you lost the case because you sued the wrong party, you can re-file it against the proper defendant. If you lost the case on the merits, you...

Archived

If the proof of service attached to a Notice to Vacate is not signed or dated, is it a valid service of the Notice to Vacate?

Laurence's answer | Answered on April 12, 2013

As long as the notice is dated and signed by the landlord, it is valid. You can ask of a signed copy of the proof of service. The proof is...

Archived

If I got a 3 day eviction notice, am I entitled to receiving at least a 30 day notice beyond that?

Laurence's answer | Answered on April 12, 2013

If your rent is not current, the landlord can serve a three day notice. If you are current with rent, the landlord may terminate the lease on 30...

Archived

Can I as an owner of an dissolved LLC, defend myself in pro per in a lawsuit where I am named as one of the Defendants?

Laurence's answer | Answered on April 12, 2013

You should respond that the Corporation is dissolved, and provide the Certificate of Dissolution to the court in opposition to the demurrer. Under...

Archived

Jurisdiction for Subpoena Duces Tecum. Business records only. Disposition officer location.

Laurence's answer | Answered on April 12, 2013

No. The Subpoena Service can be located elsewhere.

Archived

Tenants stop paying rent. They are behind 2 months and are not planning to pay. Can I evict them?

Laurence's answer | Answered on April 12, 2013

You have the right to give them a 3 day notice. If they pay rent, then serve a notice of termination (30 day notice if they have lived there for...

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