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Questions Answered by N. Munro Merrick
2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I have a really bad leak from the ceiling in my bedroom. I notified the manager about this issue over a month ago.

Maintenance said they couldn't find any leak. My walls are really bad in both the bedroom and bathroom. I have videos and pictures of the damage this leak has caused. They have yet to inform me of how they are going to fix this. I'm worried about black mold and my health. What exactly are my... Read more »

N. Munro Merrick
N. Munro Merrick answered on Feb 25, 2019

A lot more information would be very helpful. How long have you lived there? Do you have a fixed term lease or is it month-to-month? Would you want to move out, or do you want to stay and only want the problem fixed? Are you the sole occupant and tenant? How soon do you want the problem fixed?... Read more »

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2 Answers | Asked in Landlord - Tenant for California on
Q: I need to break the house lease but I have a friend who can move in instead of me, will I be fined by landlord? CA

My lease will expire on June 30th, 2019. I have a great deal, renting the house. This is my sixth year living here. I am in escrow to buy my own house and need to break the lease. My very good friend wants to take over my current lease and even sign new year lease contract if necessary but I... Read more »

N. Munro Merrick
N. Munro Merrick answered on Jan 21, 2019

First point: When you have a problem involving your lease, always talk to your landlord first. He wants a tenant occupying the premises. The logical solution is to get a new tenant to take over. You thought of that - why not tell the landlord? I am sure he would be relieved to know he does not... Read more »

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2 Answers | Asked in Contracts for California on
Q: As a renter, if I am given a "50 day notice" of a rent increase that I do not agree with and plan on leaving, am I oblig

I could only enter that much above... I need some advice!

N. Munro Merrick
N. Munro Merrick answered on Dec 25, 2018

This is a Landlord-Tenant question.

You have a choice. If you stay beyond the notice period, you have impliedly agreed to the rent increase, and you must continue to pay your current rent on time. If you fail to do so, he could send you a three-day Notice to Quit or Pay rent. If you do...
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1 Answer | Asked in Business Formation for California on
Q: Is it possible to negotiate out of a franchise agreement - I already put money down, but can't pay the rest.
N. Munro Merrick
N. Munro Merrick answered on Nov 25, 2018

Basic fact: You can negotiate anything! Your franchise agreement probably has a provision for early termination, including probably a liquidated damages clause. That would require you to make a payment to get out of the deal, depending on you are in the process. A liquidated damages clause ins... Read more »

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?
N. Munro Merrick
N. Munro Merrick answered on Nov 25, 2018

You file an action in court to confirm the award, which means you get a judgment that you can go and collect on. Ask your arbitrator to assist you. He may even go to court with you.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Is a landlord still required to provide 30 days notice if notice is given at the end of a year lease?

I moved into a rental property on 11/1/2017 with a year lease. On 9/27/2018 I received a letter from the property management company verifying my lease was being extended and my rent was being raised. On 10/3/2018 I received an email notifying me to move out by 10/31/2018 - giving me less than 30... Read more »

N. Munro Merrick
N. Munro Merrick answered on Nov 21, 2018

No, because you actually had I year's notice, right? He did not need to give you additional notice. If you wish to stay, you will have to pay his revised rent. You might try contacting him with a counter offer -- spit the difference between his new rent and your current. If you want to add an... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My 3 day notice to pay or quit is not dated anywhere. Is that legal?
N. Munro Merrick
N. Munro Merrick answered on Nov 13, 2018

It does not need to be dated, because the date does not matter. The date you were served is what counts. And that depends on how you were served.

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord wants to come fix something I asked if we can schedule a time He got mad and then asked to schedule a walk thru

I've been living there now 2 month why does he want a walk thru again we did the move in walk thru already.

N. Munro Merrick
N. Munro Merrick answered on Nov 13, 2018

Cal law requires the landlord to notify you, 24 hours in advance, of the day, time and purpose of his requested visit. It is also required to be in writing. You can waive any of those requirements, but if he does not comply you do not have to let him in.

2 Answers | Asked in Contracts for California on
Q: Car sold on Craigslist in CA to NJ buyer. Was represented honest but didn’t meet buyer expectations, threatening to sue.

Can he sue in NJ small claims?

Do I have to go to NJ to defend?

I am not dealer, did not misrepresent car, he declined inspection, and accepted car and all damages indicated by transport company, does he have a case in these circumstances?

Thanks!

N. Munro Merrick
N. Munro Merrick answered on Nov 13, 2018

Can he sue in NJ? Of course, he is a NJ resident. Do u have to go to NJ to defend, No.

You have not stated what your problem is.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Hi. Im in a situtuation where. My wife left me about 3 months with my kids and moved out.. im still living in the house

That i bought. But we put her and her brother name as owner.. but now i get this covenet breach notice that i have to move out of my house... and she is trying to sell the house.. so what are my options. And rights? Can you pls help me out and so i know what i should do.

N. Munro Merrick
N. Munro Merrick answered on Nov 12, 2018

You will need an attorney to protect your interests -- if you actually have any interest in the house. Among the issues you will have to provide info on: who paid the down payment? Who paid the monthly loan payment? WHo paid the taxes and insurance? I presume you are taking care of the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: can landlord keep my security despoist of 3000 if i signed a month to month lease but never moved in?
N. Munro Merrick
N. Munro Merrick answered on Nov 9, 2018

First thing you do is give the landlord 30 days notice that you are not moving in and for him to get another tenant. Your obligation to pay rent ends 30 days after that. The landlord must make efforts to find another tenant. If he is unable to find another tenant within 30 days, he cannot... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can a property manager restrict me from having my friend park his rv in the parking lot of my apartments. While visiting

Is it legal for her to not allow me to have anyone as a guests to visit me. And call police on my guests if they are here longer than a couple of hours

N. Munro Merrick
N. Munro Merrick answered on Nov 7, 2018

The answer to that lies in the Rules and Regulations governing the apartments, copy of which you presumably have. If you do not have them, ask for them. There have been numerous cases involving HOAs and homeowners over parking restrictions, and they would probably be relevant here.

1 Answer | Asked in Landlord - Tenant for California on
Q: My mom passed away and the landlord is throwing me out cause I'm not on the lease is it legal
N. Munro Merrick
N. Munro Merrick answered on Nov 7, 2018

You have not said why he is evicting you. To answer the question whether it is legal, ask yourself: What is my relationship to this landlord? Do I have a contract with him? If not, what right do I have to remain in the house?

1 Answer | Asked in Landlord - Tenant for California on
Q: California code sec 1863. Who do you report violations
N. Munro Merrick
N. Munro Merrick answered on Nov 5, 2018

This question should not have been posted in its current form. Your (Justia's) personnel should know better.

1 Answer | Asked in Business Law for California on
Q: we have a sportsmens incorporated under the state of California. Does the California code of corporations take priority

we have corporate bylaws and wondering if code of corporations overrides them. No shareholders.

N. Munro Merrick
N. Munro Merrick answered on Nov 4, 2018

Have no idea what a "sportsmens incorporated" is. I probably is not a corporation. Might be a fictitious name that an individual or a partnership is operating under. With more information, including what it is hour are trying to accomplish, an answer might be forthcoming from someone.

1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What's the law now in California about an employer forcing you into arbitration?
N. Munro Merrick
N. Munro Merrick answered on Oct 31, 2018

You need to explain what you mean by "forcing". If you signed a contract with that provision as a condition of being hired, you are probably bound to abide by your contract. Before fighting the provision, I suggest you think about it. Might be a good idea to consult an attorney on the pros and... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a rental property management company charge us for a vandalized window?

The request to charge us for the window repair was requested by the owner of the unit. We provided proof (police report) when the vandalism happened. At the time, we were asked to go through our renters insurance for the window repair. Our renters insurance didn't cover damage to the unit, only our... Read more »

N. Munro Merrick
N. Munro Merrick answered on Oct 31, 2018

Review our rental agreement. It probably lists your obligations regarding repairs or damage. It usually requires the tenant to pay for damage caused by the tenant or his guests. You have proof it was not your fault. The owner must repair the window in order to maintain "habitable" premises.... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: can a landlord in California do two separate moveout inspections if one of the tenants has not moved out yet?

my ex moved out I am due to move out in a few weeks landlord is demanding to do ex's move out before I have moved out for my ex's section of the deposit is that legal?

N. Munro Merrick
N. Munro Merrick answered on Oct 29, 2018

Never thought about that before, but it sounds like an eminently sensible thing to do. If you want to assume liability for any damage cause by your ex, then you may refuse entry on the clear understanding that you will be responsible for all the damage, even if your deposit will not cover it all,... Read more »

1 Answer | Asked in Collections and Contracts for California on
Q: Is there a statute of limitations for a private christian elementary school to collect on past tuition owed?
N. Munro Merrick
N. Munro Merrick answered on Oct 29, 2018

Yes. Assuming you have a written invoice and that it was due in 30 days from receipt. it is classified as a written contract. You must have filed a court action within 4 years from the date the tuition was sue. When in doubt, give a few days extra. If a payment for less than the amount due was... Read more »

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