Archived
If I am considered a lodger and the landlord doesn't inform me to move out but informs my daughter the one on lease....
Frank's answer
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Answered on July 07, 2018
No, you would not be considered a lodger. You would be considered an unauthorized subtenant, and as such, the landlord could evict you. The fact...
It 107 degrees hot outside and its 98 degrees inside my house can i sue my apartment complex if they wont come and fix our ac?
Frank's answer
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Answered on July 07, 2018
Yes, you can sue but the lawsuit probably won't amount to much unless your lease or rental agreement specifically guarantees that you have air...
Archived
Can you be given 3 day advanced notice of a rent increase?
Frank's answer
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Answered on July 07, 2018
Yes, the rent increase is legal if you are on a fixed term lease which is expiring in August.
Can a tenant deduct money from rent in California?
Frank's answer
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Answered on July 07, 2018
No. The tenant is incorrect. Unless you the landlord expressly agree to allow the tenant to deduct from the rent, or unless the "repair and...
Archived
After a sheriff lock out of an unlawful detainer, what is the landlords responsibility's of renters property?
Frank's answer
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Answered on July 07, 2018
If this happened in 2015, it is too late for you to do anything now. However, for general reference in the future, the law in California is that...
Archived
Can I serve a 3-day quit or pay? I gave my lodger (who uses a room in my home) a 30-day notice to vacate on May 31 (by June 30)
Frank's answer
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Answered on July 07, 2018
Yes, you can serve a 3 day notice to pay rent or quit. The amount of unpaid rent to state on the notice will depend upon when the rent is due. ...
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Archived
Can a Home Owners Association prevent a renter of the unit from having guests stay a few nights when they are not present?
Frank's answer
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Answered on July 07, 2018
Yes, it is possible. However, any rental restrictions should be set forth in the HOA's CC&Rs. Although HOAs can regulate renters and short-term...
Can the statute of limitations defense be brought at trial?
Frank's answer
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Answered on July 07, 2018
Yes. Normally, the defenses such as the bar of the statute of limitations must be asserted in the defendant's answer to the plaintiff's complaint....
Archived
The defendant filed a motion to dismiss for failure to state a claim
Frank's answer
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Answered on July 07, 2018
You can (and apparently already did) file an opposition to the defendant's motion to dismiss for failure to state a claim. Your next step is to...
Archived
What civil law code protects tenant from landlord releasing information about tenant in the eviction process?
Frank's answer
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Answered on July 07, 2018
Unfortunately, there is no civil law in California which protects a tenant from such landlord actions.
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