Questions answered by Frank Wei-Hong Chen

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I'm moving out before my Unlawful Detainer Court Trial. Who do I give the keys to? How do I notify the court of this?

Frank's answer | Answered on June 25, 2015

You can turn in your keys to the landlord or property manager if there is one. You can file a Counter-Request to Set Case For Trial to indicate...

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Can I collect 9 month severance payment that is due to me?

Frank's answer | Answered on June 25, 2015

If you have already signed a release of any and all claims, you can no longer go back to seek the one year severance in the original offer letter. ...

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A defense lawyer didn't demurrer one cause, but argued why the cause should be barred in another section of demurrer.

Frank's answer | Answered on June 25, 2015

The causes of action to which a defendant is demurring must be set forth in the notice of hearing on the demurrer. Otherwise, the plaintiff can...

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What recourse do I have against my landlord?

Frank's answer | Answered on June 25, 2015

You have a few different types of options, which include withhold rent, abandon (move out), or sue for damages in small claims court. For more...

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Can I be charged late fees in California? My rent is $1050, and I am being charged over $100 for a late fee.

Frank's answer | Answered on June 25, 2015

Under California law, the landlord can charge a reasonable late fee, but only if the lease or rental agreement provides for late fees. There isn't...

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60 days notice to vacate no reason

Frank's answer | Answered on June 25, 2015

1: Generally speaking, if you are a month to month tenant, the landlord can terminate your tenancy by serving you with a 60 day notice. The...

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Im having problem with my landlors I am currently renting a guest house that has no permit and now hes trying to evict

Frank's answer | Answered on June 25, 2015

You can still be evicted. If the guest house is illegal, then under the case of Gruzen v. Henry (1978) 84 Cal.App.3d 515, the landlord is not...

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If my apartment lease agreement has no mention of penalties for breaking a lease can my landlord ask me to forfeit my deposit?

Frank's answer | Answered on June 25, 2015

Yes. If the lease agreement does not have any provision regarding early termination, then if you terminate the lease early, the landlord has the...

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Real estate issues : another better offer coming in while proposal to other sent out already, not signed

Frank's answer | Answered on June 25, 2015

Sending out the proposed lease agreement would constitute an offer to make an agreement. Here, it seems you revoked the offer by orally asking for...

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Signing a Release of Claims

Frank's answer | Answered on June 25, 2015

You will need to consult with an attorney regarding the specific language of the release, and you should have a thorough understanding of what...

Frank Wei-Hong Chen's Answers (27657)

I'm moving out before my Unlawful Detainer Court Trial. Who do I give the keys to? How do I notify the court of this?

Can I collect 9 month severance payment that is due to me?

A defense lawyer didn't demurrer one cause, but argued why the cause should be barred in another section of demurrer.

What recourse do I have against my landlord?

Can I be charged late fees in California? My rent is $1050, and I am being charged over $100 for a late fee.

60 days notice to vacate no reason

Im having problem with my landlors I am currently renting a guest house that has no permit and now hes trying to evict

If my apartment lease agreement has no mention of penalties for breaking a lease can my landlord ask me to forfeit my deposit?

Real estate issues : another better offer coming in while proposal to other sent out already, not signed

Signing a Release of Claims