Archived
As a tenant, how long can I live in my house after it has been foreclosed? When will the bank process an eviction?
Frank's answer
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Answered on January 23, 2011
First of all, before I explain your rights, you do have to continue paying rent if you want to stay. Did you have a written lease with the former...
Archived
Can the landlord use part of our security deposit towards fumigation of the property.
Frank's answer
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Answered on January 23, 2011
No,. This is not proper. California law (Civil Code section 1950.5) specifically allows the landlord to use a tenant's security deposit for four...
Archived
Can a landlord sue a tenant for past due rent after a foreclosure? Or does the suit need to be filed before the foreclusure?
Frank's answer
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Answered on January 23, 2011
Yesm, a landlord can sue the tenant for past due rent. As the landlord facing foreclosure, you continue to have the right to collect rent for as...
Archived
If a person has a lease can I still serve a 60 day notice to quit?
Frank's answer
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Answered on January 23, 2011
No, if the tennt has a lease, the landlord cannot serve a 60 day notice to quit. if the tenant has a lease for a fixed duration, the landlord must...
Archived
Can i answer to a summons that I believe is time-barred by my state's statue of limitations but cannot find proof?
Frank's answer
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Answered on January 23, 2011
Yes, you can and should file an answer or general denial, and raise as one of your affirmative defenses the applicable statute of limitations. ...
Is there a template that I can use for a Settlement Conference statement?
Frank's answer
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Answered on January 23, 2011
California Rules of Court, Rule 3.1380 (c), with regard to settlement conference statements, provides as follows:
"No later than five court days...
Archived
What is the statue of limitations (number of years) on credit in California currently 2011?
Frank's answer
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Answered on January 23, 2011
In California, the statute of limitations for open accounts such as credit cards is four years from the last date of payment or the last date of use.
Archived
I am underwater by 50% in Vallejo, Ca. Need legal advice before walking away. My husband and I can afford to pay the mortgage
Frank's answer
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Answered on January 23, 2011
You don't indicate what the current loan-to-value ratio is, but it seems you ought to consider selling the property as a short sale rather than...
Archived
As the plaintiff, how may I expect the process to differ going from small claims to a trial de novo appeal?
Frank's answer
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Answered on January 23, 2011
At a small claims appeal, the process is supposed to be the same as the original trial. The only difference are that on appeal, each side is...
Archived
Can my employer refuse me to use the restroom after 8 hours ?
Frank's answer
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Answered on January 23, 2011
No. In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a...
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