My landlord is threatening to sue me for damages exceeding security deposit. The itemized list doesn't seem fair and it has been 45 days since my lease ended and I moved out. I got the list 45 days after moving out.
21 days. you are free to sue in small claims and ask for penalty for malicious withholdingSee question
i need a copy of my rental agreement im trying to find out if i can be evicted for having a dog
you should have kept a copy. if landlord evicts you he will attach a copy to the complaintSee question
We moved in at da same time in June 2012. But da lease was in his dads name until just this month when his dad took his name off to have nothing to do with him. So just this month did my boyfriend get it under his name only after paying da deposit...
decline to answer question by someone who spells ' the' 'da' every timeSee question
My 1 year lease has the attorney fee clause it it. But the lease expired 4 months ago, and I am now renting on a month to month basis. I did not sign a new contract. In the unlawful detainer complaint that I received, the landlord is asking fo...
absolutely. the terms of the lease apply to the subsequent month to month tenancySee question
The witness to be supoena knows both Plaintiff and Defendant. However, defendant has instructed the person to be supoenaed to "stay out of their business."
i moved in w/my father and his wife in august . i was told my disabled husband , my 2 yr old duaghter and i can stay until 6/2013 rent free as long as we helped with groceries and helped clean the house. My fathers wife and i had confrontation on...
I agree with James. you are a subtenant on oral agreement. you get 30 days written noticeSee question
We have one more year lease contract left but we wants to break the lease. Leaking from ceiling happened two years ago. They have not fixed until rain stopped, so we could not use our bedroom for over month. Then a couple weeks ago, more worse lea...
breaking the lease -- yes landlord has breached the contract by failing to make repairs. as to lawsuit you should move out in fact
lawsuit -- in theory yes. if you have documentation of the leak -- photos -- and proof of notice to landlord and his failure to repair. as to mold you would probably need to hire a mold specialist. talk to a housing attorney who can advise how to proceed to establish damages.See question
i owe back rent and peco has shut off electric and gas
"Stop" the unlawful detainer procedures? No. Stop them temporariliy, yes, definitely. The back rent will be discharged in bankruptcy. You will have to pay some adequate insurance to the utility to get the gas back on but the back-amount will also be discharged. It doesn't sound like you can afford the apartment? Money spent on a BK -- or even just the time and attention -- is probably better spent finding your new home. You can BK later if it makes financial sense. Of course if a three-week delay will really make a difference in slowing down the eviction and allow to safely move on, then you might consider it -- IF you can discharge enough debt to make this worthwhile.See question
Already served a 3 day notice to quit. What is next?
FIrst of all there are great resources online for this question, including my own awesome Avvo guide, "How to Evict a Tenant in California," and the state's landlord/tenant guide. So quick answer here: After the three days run, you need to file an unlawful detainer case with the local court (filing fee $435), have it served on the tenants (process server $50-$100). From the date of service tenants have 5 days to file papers with the court. If they don't take a default, obtain a judgment, have a writ issued, submit it to the sheriff for eviction.
If they file an "answer," set the matter for trial. If they file a demurrer to your complaint (highly likely if they get a lawyer or go to legal aid and you draft the UD complaint yourself), file an opposition and show up to argue the merits of their motion in court.
Advised: Hire a lawyer to get it done right. I've seen plenty of "doc prep assistant" drafted complaints that were rife with problems.See question
For the fourth year in a row, water runoff during the rainy season floods the ground under the house I rent. My landlord has tried many solutions (trenches, extra pumps) each winter to no avail. We always hope it won't happen again. Meanwhile afte...
Woah, woah, woah. I dont know where to start. If you've been there four years, 30 days notice doesn't cut it. Furthermore, the eviction is retaliatory, per se. Furthermore, you are suffering uninhabitable conditions with wet carpet and no doubt mold. Leaving is not a bad idea considering but I am very interested in speaking with you about all of the facts during your tenancy. I'm in Santa Rosa.See question