If a landlord agrees in writing to a lease extension, accepts higher rent, then backs out, is it still binding?
Frank's answer
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Answered on October 10, 2018
No, under Calfornia law, the email agreeing to the lease extension (without a mutually signed amendment to the original lease or a new lease), even...
Archived
Can a landlord doing a saftey and health check on my apartment tell me to have dishes put away and not on the counter or sink?
Frank's answer
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Answered on October 10, 2018
A landlord can ask a tenant to keep the rental dwelling neat, clean, sanitary and organized (see California Civil Code section 1941.2) but cannot...
Archived
In California am I permitted to have my +18yo 3rd party serve papers on the respondent inside of the courthouse building?
Frank's answer
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Answered on October 10, 2018
Yes, he can be served at the courthouse, and yes, you can accompany the person effectuating the service to confirm the identity of the person being...
What can we argue/ present at hearing resulting from filed CP10 form and Not being served in compliance with CP 415.46?
Frank's answer
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Answered on October 09, 2018
I believe you are referring to the so-called "Arrietta claim". Any tenant, not named in the summons and complaint, can assert this claim as late...
Archived
Can mediation/arbitration clauses be so one-sided that courts can disregard them?
Frank's answer
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Answered on October 09, 2018
Yes, it is possible. For example, in Lhotka v. Geographic Expeditions, Inc. (2010) 181 Cal.App.4th 816, a California appellate court refused to...
Do I have to appear to a Status Conference for my civil lawsuit if I already filed a Notice of Stay from my bankruptcy case?
Frank's answer
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Answered on October 09, 2018
If you filed a Notice of Stay of Proceedings with the superior court, there should not be any need for you to appear at the status conference or...
What is the statue of limitations in suing for mold damage in California against an HOA, Insurance Co. etc.?
Frank's answer
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Answered on October 09, 2018
In California, the statute of limitations for negligence (which includes injuries resulting from exposure to mold) is two years. You will need to...
If a 1-year lease has an end-date, does the landlord still need to give notice?
Frank's answer
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Answered on October 09, 2018
No, unless the lease itself provides otherwise, such as automatically converting to a month-to-month tenancy (or unless the rental property is...
When does a 3 day pay or quit notice start?
Frank's answer
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Answered on October 09, 2018
In California, there are 3 ways to serve the notice to pay rent or quit: personal service, substituted service, and posting and mailing ("nail and...
Archived
Can a 3 day notice to pay or quit have to be handed to the tenant?
Frank's answer
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Answered on October 09, 2018
In California, there are 3 ways to serve the notice to pay rent or quit: personal service, substituted service, and posting and mailing ("nail and...
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