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Questions Answered by N. Munro Merrick
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Is it right and Can she do it?

I have been living in this apartment, located in Alhambra, CA, with my family and a dog over 10 years and the landlord didn't provide any lease agreement for me to sign at that time. The landlord aware that I had a dog Recent I received a notification from my landlord who said I'm in... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 23, 2016

Some questions for you: Is the dog today the same dog you had when you rented? Was the landlord aware that you had a dog? Were you presented with a lease 10 years ago? Does it have a provision that prohibited dogs? Did you read the lease when you did not sign it? Why did you not sign it?... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: I like to pay my rent in advance but the new owners will not let me. Is this lawful?
N. Munro Merrick
N. Munro Merrick
answered on Sep 22, 2016

Yes. You do not say how long in advance, but he may have many reasons for wanting the income to come in monthly. If you to be sure you pay on time, why not set up an automatic payment with your bank? You can control the day it is sent, can stop at any time.

1 Answer | Asked in Landlord - Tenant for California on
Q: My downstairs neighbor & all his meth buddies smoke ALL day long. In the morning my apartment smells like an ash tray.

I do NOT smoke. When I moved into my unit the apartment downstairs was empty for my first 3 months. What does the law in the state of California say about my having to inhale all of this second hand cigarette & illegal substances smoke. Warm air rises.

THANK YOU.

N. Munro Merrick
N. Munro Merrick
answered on Sep 22, 2016

Were you aware that they smoked before you signed a lease? Check your lease for any reference to smoking or disturbances by a neighbor. If you were aware that they smoked before you moved in, and you cannot tolerate it, you only recourse may be to more out.

If you were not aware that...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I be denied a house rental as a sublease after 9 months of 1 yr lease agreement as a sublessee / roomate ?

3months into a 1yr lease agreement friend lost job & didnt want to be sued he moved out of state.He had verbal permission by mngr to i guess sublease to me.I am referred to as 'roomate' by mngr although FROM DAY 1 THEY KNEW HE WAS NOT RETURNING to live here & never lived w/ me... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 21, 2016

You moved in without a written rental agreement with anyone. You have paid rent for 9 months or so, presumably to the landlord. You are basically on a month-to-month basis. If you were to rent anywhere else, I am sure you, like any other otential tenant, would have to complete an application and... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I am in need of assistance to solve a civil issue with my downstairs neighbor.

I live in an apartment in a tri-plex and my downstairs neighbors have their televisions on all day and night at a loud volume. I have spoken to them about this more than once. I have also sent correspondence to my property management via email and text message, to no avail. I am unable to get... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 20, 2016

You have recourse. Fist, examine you rental agreement. Often there is a provision that states that you are entitled to quite enjoyment, or some such words, of the premises. Regardless of that, the law states that you are entitled to the quiet enjoyment of the property you have rented. You are... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I've occupied my property for 13 years. Month to month agreement. Can they give a 30 or is it 60 day notice?
N. Munro Merrick
N. Munro Merrick
answered on Sep 20, 2016

60 days and it must be legally served in the same manager as a 3-daynotice to quit, plus registered mail. That includes personal delivery, delivery to a competent person at your residence, posting and mailing if nobody home.

1 Answer | Asked in Landlord - Tenant for California on
Q: If the apartment is not livable because of fire caused by landlord what legal rights do you have

Your paying out of pocket for a hotel also this landlord has no insurance

N. Munro Merrick
N. Munro Merrick
answered on Sep 20, 2016

Since you are paying for room at a hotel, you seem to believe that you will be moving back in at some point. If not, your apartment being unlivable at present certainly entitles you to terminate your rental agreement and find other living quarters. Notify the owner. Are you implying that the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord charge me any cleaning/repairs after 7 yrs as a tenant without a signed pre-inspection?

The day after I moved out she had workers show up at 7am for painting. Then she refinished the bathrooms, replaced flooring & replaced kitchen counters to get ready to sell. How can she charge me to clean when there was construction for 3 weeks after I left?

N. Munro Merrick
N. Munro Merrick
answered on Sep 19, 2016

Did you have a walk-through with her before you vacated? In what condition did you leave the premises? What about the carpet and the other rooms? Did they need cleaning? Did you know about the construction and left without doing the usual clean-up?

In any case, she can only charge for...
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1 Answer | Asked in Landlord - Tenant for California on
Q: The rent is paid & now she says we can longer receive mail there. Is that legal?

I have a landlord that has personality & severe mood changes. she is an alcoholic & compulsive gambler. We have lived there for 7 yrs. & she does not pay bills etc.

N. Munro Merrick
N. Munro Merrick
answered on Sep 18, 2016

Do you have the absolute right to receive mail "there"? Probably, but where or what is "there? If you are renting a room, and the address is the same as the landlord's, your rental agreement should specify exactly what the arrangements are to receive mail. If there is no... View More

1 Answer | Asked in Business Law and Consumer Law for California on
Q: Is it considered blackmail if I threaten to file consumer complaints against a company unless they pay out as promised?

June, 2014 I invested seed money into a private company. They gave me 4 shares. First I was promised a payout in February, 2015, and again in August, 2015. Didn't happen. I sent the CEO an e-mail, stating I would file consumer complaints if I didn't get a payout on my investment by next... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 18, 2016

Sounds like a common problem with new companies. They run short of cash and cannot make the payments promised. You may certainly complain -- you have every right to do so. But stop and answer this question: Will a complaint result in my getting a payment?? It would, perhaps, if the com;pany... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: The house I'm staying in the owner gave me 40 days to move out not in writing

I have lived here for three and a half years. I pay the water bill and I pay him a very small monthly amount for rent. I also took care of his cat that was here until it ran away. Before I moved in, a letter was written stating that I would be able to stay here until I was on My Feet Again... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 18, 2016

Let's look at the relevant facts: (1) You have lived there three and one-half years; (2) He has not given you a written notice of termination; (3) You are not paying any rent at this time; (4) You have a letter from the landlord stating that you can stay there until "I was on my feet... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Is a 30 day eviction notice legal if there was no rental agreement drawn up and signed?

Back story to the above inquiry. I met a woman over 17 yr.s ago, we lived together for that time and bought a house together ( in California) we never married and separated some years ago, we signed documents according to California law, I left the house. I have fallen on hard times and she let me... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 15, 2016

There are so many facts missing from your message that it is impossible to give you any meaningful advice. One thing only: you say you "bought a house together." That means ()I assume) that there is a deed with your name on it. If that is the case, you MAY have an equal right to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Is it legal for my landlord to accept a 30 day notice from somebody not even on the lease without my permission?

I had no knoledge about any 30 day notice. My girlfriend gave it after an argument .she isnt even on the lease.

N. Munro Merrick
N. Munro Merrick
answered on Sep 13, 2016

If she was not on the lease, she had no authority to engage in any discourse with the landlord. The Landlord has no right to take any action based on a communication from a stranger to the whole transaction. If you wish to ignore it, you may. I suggest notifying the landlord that she has no such... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I am having a real problem with my tenants and believe I need legal advise. I live in Ca and would appreciate a referral
N. Munro Merrick
N. Munro Merrick
answered on Sep 11, 2016

The bar association where you live probably has a referral service. You can also check lawyers.com, or just google "Unlawful Detainer attorneys [your town]". Justia also has attorneys who practice in that field.

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I ask the court to stay the enforcement of a default judgment entered against me fraudulently by my landlord?

Landlord initiated the UD complaint on June 1, amended it June 30, and applied to get said judgment entered July 28, all without serving me any papers whatsoever, or giving me notice of any kind. He did not attach a copy of the lease with either complaint, and that's because there's none!... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 11, 2016

You may move to have the default judgment vacated. California policy is to have cases tried on their merits, so they more often than not grant the motion. However, the judges have heard this story about not being served many, many times, so you have a credibility problem. You did not say how you... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Q: I received an Unlawful Detainer from a place I moved out 4 yrs ago. Should I respond and pay the fee?

If I respond to the Unlawful Detainer I have to pay a hefty fee. Will I be successful in recouping those fees if I take the landlord to small claims court, since she is very much aware I don't reside there anymore since 4 yrs ago?

Also, I never signed a lease with the landlord since I... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 10, 2016

Sounds strange to me, but I am not familiar with the intricacies of Section 8.

However, regarding the Unlawful Detainer, were you personally served with the complaint? If so, you will need to answer to inform the court that you have not lived there for 4 years. The unlawful detainer does...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I forgot to give the landlord 30 days moving out notice and moved out 1 day before the year to year contract ended.

I forgot to give the landlord 30 days moving out notice and moved out 1 day before the year to year contract ended. Now the landlord charged me twice the normal monthly rent for this. I argued with him and decided only to pay the normal month fee at most. The penalty was decided by the landlord... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 10, 2016

You only obligation is to pay for the 30 days notice which the landlord uses to find a replacement tenant. But as to anything more? He is not entitled to anything beyond that. There is no "fee". And if he has one month's rent on deposit, tell him to use that and be happy! You are... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Sublessor collecting rent from new tenant during the timeframe after I moved out, but before my 30 day notice is up.

I sublease a bedroom in an apartment. My sublease agreement says I can terminate the lease at anytime with a 30 day notice. I emailed sublessor the 30 day notice on Aug 11. A new sublesssee moved in on Sep 1 and is paying rent to the sublessor. Sublessor says he will deduct the rent from Sep 1 thru... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 9, 2016

I assume you gave 30 day notice but did not pay any rent for that 30-day period. And you apparently moved out since a new occupant moved in. You were obligated to pay the rent until the expiration of your notice, Sep 10. You had the right to possession until Sep 10, so the landlord had no legal... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a landlord in San Francisco, and my lease prohibits subletting. Can I deny a sublet request?

3 bedroom unit in SF.

1 original tenant remains, with 2 other people (subtenants?)

The original tenant wants to replace one of the other subtenants.

Lease has a strict NO ASSIGNMENT OR SUBLETTING clause, in bold and separately initialed by the original tenants.

I... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 8, 2016

Yes. The fact that you may have violated the lease before does not establish a binding precedent. Usually leases provide for the landlord to have the option of accepting or not, and many also have a provision stating that the waiver of one provision does not establish the right to a continued... View More

1 Answer | Asked in Business Law and Contracts for California on
Q: As Buyer, I deposited $200,000 into escrow with the Seller for the purchase of Seller’s California LLC and business.

I additionally paid $18700 to the Seller to cover his rent and obtained a promissory note for this amount through escrow as well towards the purchase of Seller’s type 47 liquor license.

I have signed to cancel escrow but Seller is not willing to sign mutual cancellation agreement to... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 8, 2016

Why do you wish to cancel the transaction? Is it because the LLC is suspended? What would it cost to reinstate it? THe has probably not paid the $800 minimum franchise tax for a couple of years. Escrow could find out because a clearance from the Franchise Tax Board is probably a requirement in... View More

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