Archived
Is the prevailing defendant entitled to a moratorium on rent increase and further eviction actions for six-months in California?
William's answer
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Answered on July 28, 2014
Do not compare residential with commercial properties, especially concerning what is or is not possible at court. The rules are completely...
Renting a room in a house. The landlord's child keeps crying & screaming all day. Can I ask the landlord to reduce the rent?
William's answer
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Answered on July 28, 2014
People in Hell ask for Ice water every day. The landlord is under no obligation to reimburse you for gas. I've never met a landlord who doesn't...
Archived
Because the landlord has reduced my privileges can I put my own table in the courtyard?
William's answer
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Answered on July 28, 2014
Sure. The real question though is will it survive demurrer, ( a legal challenge to the complaint), and my belief is no. California has made it...
Archived
Property manager transferred security deposit to new lease roommate signed. No deposit returned. Who do I sue? How much?
William's answer
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Answered on July 28, 2014
If you paid your deposit to your former roommate, you sue them. If you instead paid it to the property manager, that's who you haul into court. I...
Archived
I rent from a homeowner. A realtor manages. She is trying to decline plumbing charges. I informed about issues over month ago.
William's answer
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Answered on July 28, 2014
As a tenant you do have a repair and deduct remedy. I'm not a fan of text message as a form of written notice, especially as the statute calls for...
Archived
Can a commercial landlord in California who cashed an $800 check for an $1800 rent evict and if so what are the laws we need to
William's answer
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Answered on July 28, 2014
In a residential setting, if the landlord accepts money after the notice has been served, their case is over. In a commercial setting, that is not...
Archived
How can I stop a writ of possession/ notice to vacate if I was unaware and never served any part of the unlawful detainer?
William's answer
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Answered on July 28, 2014
It requires immediate action. You must first file a motion to set aside the default and default judgment. You must seek to advance that hearing on...
Archived
What is the statue or the state law for California that came out 3 years ago about landlord cannot demand rent if ?
William's answer
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Answered on July 28, 2014
I am unaware of an ORDINANCE that would be applicable to the El Cerrito area. State Law, Civil Code 1942.3 does not say that. It establishes what's...
Archived
TENANT NOTIFIED 160 DAYS AFTER INSTALL OF SATELLITE THAT IT IS IN VIOLATION OF PARK RULES.
William's answer
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Answered on July 28, 2014
THERE IS NO QUESTION POSED HERE. ONLY FACTS. It is true that acceptance of rent alone will not always result in a waiver, but proof of acceptance...
Archived
Has my landlord technically evaded an unreasonable notice of entry per section 1954?
William's answer
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Answered on July 28, 2014
Several different ways to look at this one. First, you have a landlord who is doing regular maintenance. Second, there are not a lot of teeth in...
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