Archived
Can I sue my old landlord for not refunding my security deposit or providing me with an itemized statement after 21 days ?
Frank's answer
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Answered on September 19, 2017
Yes. If you do not receive your security deposit back within 21 days after you moved out, you can file your small claims lawsuit. Under...
Archived
What are the rules of evidence?
Frank's answer
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Answered on September 19, 2017
Yes. Pursuant to California Evidence Code section 300, the CA Evidence Code applies in every action before the CA Supreme Court or a court of...
What is considered a "single" lodger?
Frank's answer
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Answered on September 19, 2017
A "lodger" is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall...
Archived
If u were served a 3 day notice to pay or quit on 9/12 but dont pay until 9/23 can u still be evicted
Frank's answer
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Answered on September 19, 2017
Yes, you can still be evicted. After the 3 days expired, the landlord is under no obligation to accept rent and can proceed with an unlawful...
Archived
What are my options?
Frank's answer
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Answered on September 19, 2017
Your options are to either sue in small claims court or absorb your loss (since you will need to pay a filing fee to the court and probably a...
Archived
Do I have to meet and confer before filing a motion related to collections in my federal case (California)?
Frank's answer
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Answered on September 19, 2017
The answer depends upon the specific motion. Look at Local Rule 7-3 of the U.S. District Court for the Central District of California.
Archived
When a landlord withholds 100% of a security deposit, what expenses must the landlord itemize?
Frank's answer
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Answered on September 19, 2017
Under California Civil Code section 1950.5, within 21 calendar days after a tenant moves out, the landlord must either send a full refund of the...
Do I have a case for requesting a refund for overpayment of rent based on a verbal agreement on a new lease that was not honored
Frank's answer
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Answered on September 19, 2017
No, the verbal lease is not enforceable. It is not clear whether you received written notice of the increased rent following the expiration of the...
Archived
California real estate LLC?
Frank's answer
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Answered on September 17, 2017
No, there are no special requirements for a California limited liability company which owns real estate. The requirements are the same.
Archived
What is the limitations on how long a company can sue for unpaid rent?
Frank's answer
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Answered on September 17, 2017
The statute of limitations for breach of written contract in California is 4 years from breach or last payment made, whichever is later.
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