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Questions Answered by N. Munro Merrick
1 Answer | Asked in Business Law for California on
Q: can you be a transaction coordinator with out setting under a broker
N. Munro Merrick
N. Munro Merrick answered on Oct 22, 2018

That depends on exactly what you would be doing as a "transaction coordinator". It also depends on what you mean by "setting under a broker."

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: In California, does the filing of an abstract of judgment renew a money judgment?

I had a money judgment filed against me in California on 10/16/08. It was never renewed and should now be expired.

While the judgment was in effect, several abstract of judgments were filed in various California counties.

Did the filing of those abstracts of judgments renew the... Read more »

N. Munro Merrick
N. Munro Merrick answered on Oct 18, 2018

Yes. That is the only way to do it. Of course it must be renewed before the 10-year term runs out. The dates that count are the dates the abstracts are recorded. If the dates are close, the time may be the determining factor.

1 Answer | Asked in Business Formation for California on
Q: How soon after starting a new business do I need to create a board of directors?
N. Munro Merrick
N. Munro Merrick answered on Oct 18, 2018

You say "Board of Directors." That term usually refers to the people who manage the business of a corporation. If you are referring to a corporate body, the answer is, "yesterday." What is the point of having a corporation if you cannot or will not use it?

2 Answers | Asked in Landlord - Tenant for California on
Q: I live in the state of California and my landlord has exposed me and my daughter to mold.

I moved into this house, to occupy a room, and was not notified in writing about the mold and pest issue. Once the landlord handed me a notice to vacate they no longer allowed me to turn on the ac during very hot days, which caused my baby to have a temperature of 102. Lately, I have been dealing... Read more »

N. Munro Merrick
N. Munro Merrick answered on Oct 14, 2018

Not in writing, but he verbally told you? You assumed the liability, if any exists. I cannot offer an opinion on whether a "very hot" day caused you baby's temperature to reach 102, or even whether that is unhealthy. Certainly your symptoms sound a lot like flu. I have no idea whether mold -... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord take money out od me rent for city of Fresno code inspection violation fine
N. Munro Merrick
N. Munro Merrick answered on Oct 14, 2018

Depends on who caused the violation. That is an unusual deduction if you caused it, but that is what a deposit is for. it could be called "damage" caused by you. If you did not cause the violation, then he is liable and you are not.

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: My deceased father's belongings are in buildings that he rented for years. Landlord won't give them to me. He owes rent.

There are vehicles, tools, lots of other things. Landlord says it is his now. What can I do?

N. Munro Merrick
N. Munro Merrick answered on Oct 14, 2018

Pay the rent owed. The landlord must keep the items safe and may move them into storage at your expense. After a period of time if you do not repossess them, he make auction them off, deduct his rent, and pay you the balance.

1 Answer | Asked in Business Law for California on
Q: How much would this California Code Business and Professions Code - BPC DIVISION 3
N. Munro Merrick
N. Munro Merrick answered on Oct 12, 2018

What is the question? If you are asking the cost of a copy of the code, go to Matthew Bender online. They sell law books.

1 Answer | Asked in Civil Litigation and Contracts for California on
Q: My fiance is being sued by his lawyer for breach of contract. His lawyer has included me in the lawsuit. Neither my

First or last name is correct on the summons and we are not married. I never signed with this lawyer.

N. Munro Merrick
N. Munro Merrick answered on Oct 11, 2018

Have you pointed out these facts to the lawyer? If not, do so in writing, sticking to the facts. Include in the letter the facts that if he does not dismiss the sit against you, you will send a copy of the letter to the California State Bar and the local bar association. In the meantime, you... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I have a lodger in my home in California. Can she store belongings in my home outside of the room she rents?

She’s been renting a room in my home for less than a year based on a verbal agreement that she pay $400 a month. She has filled my downstairs family room and the studio next to it with belongings that she moved there without permission. She was never authorized to store all these things in my... Read more »

N. Munro Merrick
N. Munro Merrick answered on Oct 9, 2018

How about a 30-day notice to quit? Deliver the notice by hand. She may become very flexible. While the 30 days is ongoing, get a written rental agreement, add a late payment option ($10.00 per day late after the first), and a deposit, at least $400 -- you can legally demand $800.

If she...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Evicted for not paying lawyer fees. Is that legal??? Can I counter sue for stress physical pain and relocation costs???

The situation calls me thought such n such an unnecessary stress because this was not this did not follow me the reason that I they didn't give it to notice in the first place because I didn't pay the lawyers fees for the eviction I wasn't going to pay it they messed up not me I didn't do anything... Read more »

N. Munro Merrick
N. Munro Merrick answered on Oct 8, 2018

If you have a formal rental agreement/lease, it probably has a section which says that if they have to sue you for any reason, you will have to pay their attorney's fees. AS for stress, from what you have said, it would appear to be self- inflicted. In any case, no stress damages for breach of... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: In California can an eviction be served by mail, it was not certified.

My sister is friends with the owner. The owner has not returned calls, his mother won't give him any messages. This has gone on for almost 8 years of occupancy. The place has no border trims in most of the rooms. The owner said if we moved in any problems would be taken care of as they arise. John... Read more »

N. Munro Merrick
N. Munro Merrick answered on Oct 8, 2018

"No border trims". Does not sound as if that makes the place uninhabitable, and you have lived with it for 8 years.

Served with an "eviction". Exactly what did this "eviction" say? What kind of rental agreement do you have, oral or written, fixed term or month-to-month? Do you have a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: can my landlord ask me to be out in 30 days.because he going to sell the house and still collect rent..we have no lease

the person who was on the lease, put in her 30 day notice and moved out. the landlord showed up on the 1st. collected his rent, then added..he is selling the house can i be out by the fourth of next month, can he still collect rent for that current if he is giving a 30 day notice

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

As long as you are occupying the premises you must pay rent, even if the landlord has given you notice of termination. If he did not terminate you and he sold the house, you would become the tenant of the new owner. HE might give you notice to quit, but the rental agreement remains in effect.... Read more »

1 Answer | Asked in Contracts and Small Claims for California on
Q: I live in California and the defendant lives in New Jersey, the defendant owes me money ($500) since October 2015, in

Order to take him to court I will have to fly back to New Jersey to file the claim. Will I be able to claim airlines fees as well since the defendant lives in New Jersey and I live in California. I’m in the military stationed in San Diego, CA. He lives in Newark, NJ.

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

Do you have a written promise of some kind? The statute of limitations may have expired if your loan is only oral. In California, oral contracts have a two-year statute, written ones 4 years. It is not applied automatically. He has to know of the statute and raise it as a defense.

You...
Read more »

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
N. Munro Merrick
N. Munro Merrick answered on Oct 1, 2018

If this is a private mediation, outside the court system, the mediator should declare the mediation unsuccessful and give you a report to that effect. If there is a contract, it should specify the next step, usually arbitration. If no contract, you could file a suit in court.

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1 Answer | Asked in Landlord - Tenant for California on
Q: I have to be out of my apartment for 3 days for new balcony do I pay for the hotel or landlord or deducted from the rent
N. Munro Merrick
N. Munro Merrick answered on Oct 1, 2018

Has the landlord given you a notice to leave? If so, I would determine your reasonable costs to stay outside your apartment, then I would talk to him about whether he will pay you cash or you deduct from the rent. If you could stay in the apartment, you might propose a lower costs and you stay... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My mom just passed away in her apt and I need to know who is responsible for the clean up
N. Munro Merrick
N. Munro Merrick answered on Sep 30, 2018

My condolences for your loss. Since you are probably her heir, It would be your responsibility. However, in any case, I think your mother would probably wish you to perform her tenant duties on leaving the apartment.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I get my money back from a landlord regarding a share house?

I moved into a share house in Toronto at the beginning of September (2nd September) for an agreed term of four months, until late December. Before moving in I was required to pay a security deposit of $650 (one months rent) and then when I arrived first and last month's rent $1300 (I only paid... Read more »

N. Munro Merrick
N. Munro Merrick answered on Sep 30, 2018

Since the property is in Toronto, Ontario, I believe that the law in Toronto is applicable. If it were in California, the amount you would be entitled to receive would depend on whether the landlady was able to rent the room, for how much, and when.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I get in trouble for renting a room from a principle tenant if the landlord finds out?

I'm a student and I've been looking for a room to rent for the fall quarter. The search has been difficult but I've recently found a room. Another student has decided to take the quarter off and go back home and he has offered to sublet his room. The issue here is that the landlord stated that... Read more »

N. Munro Merrick
N. Munro Merrick answered on Sep 22, 2018

When you say the landlord "stated", I assume you are talking about your lease/rental agreement. If there is such a clause in your lease, a violation is an uncurable default and would give the landlord the right to evict both of you. I would suggest you approach the landlord and ask his permission.... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Legal rights as a tenant where landlord is selling property? Nothing in lease agreement about him violating the contract

Are we legally able to move since he broke the agreement? Are we legally entitled to receive our security deposit back? What kind of rights do we have about who enters our home when we are at work?

N. Munro Merrick
N. Munro Merrick answered on Sep 22, 2018

You have a rental agreement or lease with the owner. If he sells the property, the new owner fills the same shoes as owner and is bound by the lease or rental agreement you now have. Your rights have not changed. He has the right to sell the property. The new owner has all the rights the old... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: problem with my tenant

tenant's two cats made a big mess on the carpet, we just had the floor clean by a professional carpet cleaner four months ago, she said the mess is coming back, who is responsible for cleaning it again?

N. Munro Merrick
N. Munro Merrick answered on Sep 20, 2018

I presume that the carpet cleaner cleaned the carpet and not the underlying floor. Does your lease have any useful provisions about cleaning carpets? Failing that, tenants are responsible for the behavior of their pets. Some carpets can be salvaged by cutting out the offending portion and... Read more »

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