Archived
We have asked that the landlord wait until after the holidays as we'll be out of town to install heater, Can he still enter?
Frank's answer
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Answered on December 10, 2010
First of all, you should take a look at your written lease to see if this issue is covered.
While your request is reasonable, I would side...
Archived
What Can I do if the Landlord is telling my potential replacement tenants that there are no units available.
Frank's answer
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Answered on December 10, 2010
When you are breaking the lease, the obligation of a landlord to mitigate damages is not always clear-cut. It depends upon what it says in your...
Archived
My tenant vacated 25 days early from 30 day notice and now wants to move back in for remainder of days left. Landlord rights ?
Frank's answer
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Answered on December 10, 2010
You as the landlord have the right not to let this tenant back in.
Archived
Lawsuit answer to a complaint submitted ?
Frank's answer
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Answered on December 10, 2010
No, the first appearance filing fee that you paid to the Superior Court is not refundable.
Archived
Our landlord is renting a house to us that has untreated raw water. Is this legal under the Ca. habitability laws?
Frank's answer
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Answered on December 10, 2010
A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a...
Archived
Tenant allowed boyfriend to move in 30 days ago without notification, can I give him a 3 day notice to vacate?
Frank's answer
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Answered on December 10, 2010
You can evict both of them, but the type and amount of notice depends upon the reason, as well as whether or not there is a written lease. In some...
What is proper way of serving a California LLC?
Frank's answer
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Answered on December 10, 2010
It depends on the facts. While the most common way of serving an LLC is by personally serving the registered agent for service of process, the...
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Archived
Could a trial be set when the judge continued the previous hearing and there is a motion pending that the judge has not ruled?
Frank's answer
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Answered on December 10, 2010
Yes, certainly, the trial judge can set the trial date notwithstanding any pending law and motion matters. In fact, Superior Court judges need to...
Archived
Landlord kept $561 of our $3000 security deposit with no itemized explanation . Can I cash the check he returned and sue him
Frank's answer
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Answered on December 10, 2010
If the landlord failed to comply with Civil Code section 1950.5 (requiring refund of security deposit within 21 days, plus providing an itemization...
Archived
I lost a case in small claim court (a tenant deposit issue). Will it affect my credit?
Frank's answer
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Answered on December 10, 2010
An unsatisfied judgment will affect your credit, but not merely a judgment. So once you pay off (or otherwise settle) the judgment, make sure you...
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