If tenant does not consent owner's entry after posting a 24-hour notice, should owner use his keys to enter the premises?
Frank's answer
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Answered on June 25, 2018
Yes. It is important to note that a tenant's consent is NOT required for the owner to enter. Rather, California Civil Code section 1954 only...
Archived
When does a Court ordered 5-day eviction require you to be out?
Frank's answer
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Answered on June 25, 2018
It is up to the landlord who won the judgment in the unlawful detainer case to apply for a writ of possession from the clerk of the court. Once...
Archived
Our commercial landlord is refusing to do his job
Frank's answer
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Answered on June 25, 2018
This incident alone, although frustrating, would not constitute sufficient grounds to terminate your lease without any financial consequences. At...
Archived
Can i sue the bank for a customer pushing me and me being hurt?
Frank's answer
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Answered on June 25, 2018
No, you cannot sue the bank because the bank has no control over the acts of other customers. The bank has no legal duty. However, you can sue...
Archived
If I was robbed seven years ago do I still have a case?
Frank's answer
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Answered on June 25, 2018
Not a civil case. The statute of limitations for conversion is three years.
Archived
Are the tenants or landlord responsible for damages caused by sewage back up in one of the three units of a commercial building?
Frank's answer
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Answered on June 25, 2018
In the commercial context, the rights and obligations of the landlord and the tenant are spelled out in the commercial lease. Unlike a residential...
I am wondering, can someone elaborate,
Frank's answer
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Answered on June 25, 2018
In California, pursuant to California Code of Civil Procedure section 1010.6, a document may be served electronically in an action filed with the...
I missed a civil court date because I received the notice in the mail the day of the court date.
Frank's answer
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Answered on June 25, 2018
You don't indicate the purpose of the "court date". If it was a small claims court trial, for example, and you were the defendant, you could file...
Archived
I was served an unlawful detainee and did not answer on time that was Friday could I go in on Monday and answer to it?
Frank's answer
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Answered on June 25, 2018
Yes, you can file an Answer anytime UNLESS the landlord filed a Request for Entry of Default AND default was actually entered.
Archived
In a Declaration can you address two issues?
Frank's answer
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Answered on June 25, 2018
The general answer is yes, you can certainly address multiple issues in a single declaration. The problematic issue is whether/why you are seeking...
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