Archived
As plaintiff's witness in an eviction case, would I be required to answer defendant's questions about my rental history?
Frank's answer
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Answered on January 04, 2018
The answer to your question(s) depends upon the legal basis for the plaintiff's unlawful detainer action. Presumably, the basis has to do with...
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Archived
What are the essential basic elements of a negligence cause of action?
Frank's answer
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Answered on January 04, 2018
The elements of a cause of action for negligence are (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the...
Archived
How can I get out of a commercial lease?
Frank's answer
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Answered on January 04, 2018
Generally speaking, you are liable for payment of rent for the entire duration of the fixed term lease but the landlord has the legal duty to...
Can I be sued twice for the same thing
Frank's answer
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Answered on January 04, 2018
If the small claims court case was dismissed without prejudice and there was no determination on the merits of the dispute in the small claims...
Am I able to take Chase bank (refusal to refund stolen money) to small claims court, or does it have to be through civil court?
Frank's answer
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Answered on January 04, 2018
Yes, you can sue in small claims court. You do not have to file a limited jurisdiction superior court lawsuit for this. Small claims court is...
What is the time limit on landlord charging late rent fee?
Frank's answer
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Answered on January 04, 2018
If you do not have a lease or rental agreement which provides for late fees, the landlord/property manager cannot charge you a late fee and cannot...
Archived
Summons for forcible entry and detainer?
Frank's answer
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Answered on January 04, 2018
Correct. The summons for a forcible detainer/entry is the same as the summons for an unlawful detainer, SUM-130.
Archived
I rented a property and gave my first & security deposit the place wasn't up to standards so I found a better place could I get
Frank's answer
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Answered on January 03, 2018
Unless the landlord is voluntarily willing to agree to return your first month's rent and security deposit and release your future obligations...
Archived
Does a filed Unlawful Detainer mean the whole eviction process has already been paid for?
Frank's answer
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Answered on January 03, 2018
In order to file an unlawful detainer lawsuit, the landlord will normally need to first pay an eviction attorney money (attorney's fees and costs--...
Does a resolved out of court Unlawful Detainer show up on your record as an eviction?
Frank's answer
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Answered on January 03, 2018
Yes, the unlawful detainer lawsuit shows up on your record UNLESS it is dismissed within 60 days of being file OR the plaintiff agrees to seal the...
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