Questions answered by William Stanley Fitch

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I expect an eviction notice from my landlord, who knows I have an attorney. Does the owner have to contact the atty directly?

William's answer | Answered on November 14, 2013

No. A notice to quit is the opening shot of an eviction and the law requires that YOU be served with it. In fact, I would argue that until an...

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I think I will be evicted. After the landlord gives the three-day notice to vacate, do they have to file unlawful detainer also?

William's answer | Answered on November 14, 2013

Yes. If you fail to vacate in the face of a notice demanding you do so, then an eviction must be filed. If successful, a writ of execution will...

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Can I sue my landlord in small claims court for three different points of dispute all at once (related to security deposit)?

William's answer | Answered on November 14, 2013

Brad nailed it. Not only may you bring up all 3 issues, you MUST bring up all 3 issues. You cannot "split" your causes of action, (even if they...

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How can I forced the landlord to confirm my tenancy, and what was rented to me?

William's answer | Answered on November 14, 2013

Oh, no, there are more questions than answers here. (1) upon what grounds are you being evicted? (2) Why do you need confirmation of anything. Your...

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Can a renter charge late fees on late fees, in California?

William's answer | Answered on November 14, 2013

No contract provision for late fees means no ability to charge for them. Any charge that is more than your base rent MUST be part of a rental...

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Can the landlord sue me for not paying rent on a converted garage that's illegal?

William's answer | Answered on November 14, 2013

First and foremost. Get to the City Planning department and confirm there is no certificate of occupancy. If there is not, then the landlord may...

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Can Commercial LL enter the premise, change locks, and lease to new tenant w/o any repercussions?

William's answer | Answered on November 14, 2013

Sure, just make sure you already have an attorney lined up to handle all of the legal repercussions that could follow. Talk to an experience...

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I have a question on what can be asked when renting a home.

William's answer | Answered on November 14, 2013

ANY landlord who actually bases a decision to rent based upon a different set of factors each time is begging for a Fair Housing complaint. Number...

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On Nov 12, I received a 60 day eviction notice sent by certified mail which was mailed on Oct 31. When does the 60 days begin?

William's answer | Answered on November 14, 2013

pre eviction documents are not bound by the constraints of Civil Code section 1013. (I won't bore you with citations to the law on this one) ...

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Landlord Trespassing/Harassment. What would be considered abuse of the right of entry?

William's answer | Answered on November 14, 2013

you have a lawyer. translated, that means none of us attorney types should be talking to you. good luck.

William Stanley Fitch's Answers (2046)

I expect an eviction notice from my landlord, who knows I have an attorney. Does the owner have to contact the atty directly?

I think I will be evicted. After the landlord gives the three-day notice to vacate, do they have to file unlawful detainer also?

Can I sue my landlord in small claims court for three different points of dispute all at once (related to security deposit)?

How can I forced the landlord to confirm my tenancy, and what was rented to me?

Can a renter charge late fees on late fees, in California?

Can the landlord sue me for not paying rent on a converted garage that's illegal?

Can Commercial LL enter the premise, change locks, and lease to new tenant w/o any repercussions?

I have a question on what can be asked when renting a home.

On Nov 12, I received a 60 day eviction notice sent by certified mail which was mailed on Oct 31. When does the 60 days begin?

Landlord Trespassing/Harassment. What would be considered abuse of the right of entry?