Archived
How can I prove I was not served a 3 day notice, but the plaintiff is claiming they did and filed a proof of service and everyth
Frank's answer
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Answered on October 03, 2018
The landlord's failure to properly serve the 3 day notice would be a defense that you raise in your Answer to Complaint for Unlawful Detainer. ...
Archived
If i appear on the eviction trial date and have moved out what happen to the record?
Frank's answer
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Answered on October 03, 2018
Even if you moved out, the unlawful detainer lawsuit is not automatically dismissed. Rather, it is the landlord's choice to either voluntarily...
Archived
I signed a Unlawful Detainer Stipulation under duress and intimidation what can I do now
Frank's answer
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Answered on October 03, 2018
If you signed a Stipuation for Judgment to resolve your unlawful detainer lawsuit, you are bound by the terms of the stipulation. The court will...
Archived
Can I evict someone who is not on a lease in a commercial space (non-live)? I however, am on the lease.
Frank's answer
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Answered on October 03, 2018
Yes, you can evict your subtenant by serving a 3 day notice to pay rent or quit, followed by filing an inlawful detainer lawsuit. You cannot ever...
I need to file a motion to toll time on a forfeiture. With this motion I need a Notice of Motion, Memorandum, Declaration nd Pos
Frank's answer
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Answered on October 03, 2018
It is not clear what type of motion you are filing. Nevertheless, for motions which seek discretionary relief and which are undoubtedly factually...
Archived
I signed an Unlawful Detainer Stipulation that I didn't understand can I file anything to still fight this?
Frank's answer
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Answered on October 03, 2018
Unfortunately, if you signed a Stipulation for Judgment to resolve an unlawful detainer (eviction) lawsuit, you are bound by the stipulated terms.
Archived
What rights do I have when the landlord is saying I'm not a legal tenant?
Frank's answer
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Answered on October 03, 2018
If you did not obtain the WRITTEN consent of the landlord to be a subtenant, the landlord can evict you as an unauthorized subtenant. It would be...
Archived
If you have to amend a complaint but you don't want to change anything in the original one, can you add sort of an "addendum"?
Frank's answer
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Answered on October 03, 2018
No, not likely. It is not clear from your post what document(s) you intend to add. However, generally speaking, it is necessary to file an...
Archived
Will a personal service of a 60 day Notice to Vacate work or do I need to hire a service?
Frank's answer
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Answered on October 03, 2018
Personal service of a 60 day notice of termination of a month to month tenancy will work. The notice can be served by the soon-to-be plaintiff in...
Archived
Can I sue my Hoa for discriminating me by fining only me in the building?
Frank's answer
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Answered on October 03, 2018
Your situation is actually not one of "discrimination" but that of selective enforcement. You cannot sue the HOA for selective enforcement of the...
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