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Questions Answered by N. Munro Merrick
1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for California on
Q: Owner wants to increase my rent another $100 a month after I just signed a lease to fix my unit. Is that legal?

I told him I have been needing repairs such as getting my kitchen and bathroom cabinets fixes because they do not shut anymore because they're so old. A repair guy came in my unit today to see the cabinets and he agrees that they can't be fixed, they need to be replaced. The owner was... View More

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

There are legal requirements which the landlord must follow regarding increasing your rent, some of which depend on how long you have been residing there and what kind of rental agreement you have. But is he abides by the law and gives you proper notice, he can certainly increase the rent. You... View More

2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for California on
Q: Can i change unfavorable terms in a non-disclosure agreement without telling the other party before i sign?

I requested information on a business for sale through a broker, they sent me a non-disclosure agreement that stipulates if for any reason we go into litigation i am responsible for the legal fees they incur.

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

I assume they sent you the non-disclosure agreement before they disclosed private information about the business. Pretty common requirement. If you plan on disclosing the info, I would not sign it, but I do not know of a business broker who would disclose financial information about a business... View More

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1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: Had a fire in house I'm renting due to faulty wiring over 30 days ago. Still not repaired. Single father of 2 children.

I got a money order for the rent, gave landlord the receipt but holding the MO until repairs are done. He has now given me a 3 day notice to vacate in 30 days.

What are my rights?

N. Munro Merrick
N. Munro Merrick
answered on Sep 7, 2016

If you wish to stay in the property, the first think you have to do is pay the rent within the 3 days specified. If the 3d day falls on a Sat, Sun or holiday, you get until the next business day.

Then you can notify the landlord, in writing, exactly what needs repair. If there are...
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1 Answer | Asked in Business Formation, Business Law, Consumer Law and Internet Law for California on
Q: is it legal to make a pharmacy tecnician study guide blog in ca online im not licensed technician, just certified

I want to provide things like pharmacy math, top 200 drugs brand and generic, medical abbreviations, nothing that would suggest that im giving advice about medication like the category of meds and im not gonna delve into pharmacy law, but i would like to sell advertisements on the blog. Im not... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 7, 2016

If I understand your plan, you would publish on the internet on a website information about medical terms, drug companies, descriptions of various drugs (without indicating to what medical condition they might apply), etc. You would make an income by selling ads, presumably to medical companies... View More

1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: What's better in attorney fee arbitration for client/public: the Client Security Fund or the Beverly Hills Bar Assoc.?

We file a complaint against unscrupulous attorney with the California State Bar.

We now want to file claim requesting attorney fee arbitration.

Also how long does arbitration take?

How much (estimate) would an attorney charge to represent in arbitration?

Where can... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 7, 2016

Your first priority should be the malpractice claim. For that reason I suggest you search for a lawyer who handles legal malpractice. There are not very men of them, but I suspect the Beverly Hills Bar Association might have a list. If that does not get you one, try the L.A. county Bar... View More

2 Answers | Asked in Business Law, Consumer Law and Products Liability for California on
Q: Business has done shoddy work on my car, scraped up the paint, tells me they are going to refund me, but hasn't so far.

f

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

I agree with Mr. Munsing. You need to prepare your case carefully. Take plenty of before-and-after pictures. Get an extra estimate to restore your car. When you present your case, just stick to the facts -- no comments about the man who did you wrong!

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord tell me I can't have someone over as company because she says he makes my neighbors uncomfortable ?

A few months ago my next door neighbors apartment got broken into. When the cop came to take the report and ask myself and the other tenants questions, he recognized my son's dad because he's been in trouble. So first thing the cop did was falsely accuse my sons dad of the crime with no... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 6, 2016

The simple answer is: No! As long as you and your guests are obeying all the rules, paying rent, having quiet parties - well, maybe not too quiet - she has no right to dictate whom you may have as your guests. Of course she may try to find some grounds for terminating your rental agreement, but... View More

1 Answer | Asked in Business Formation and Real Estate Law for California on
Q: How do we get a building without paying a person monthly payments for it .
N. Munro Merrick
N. Munro Merrick
answered on Sep 5, 2016

(1) Have a rich relative die and leave you with enough money to pay cash.

(2) Win a lottery

If you had something else in mind, spend a little time and thought and tell about it.

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord sold the property I live on but in the written agreement with the new owner was that I was to be able to

Live here for one more year rent already paid well 3 days later he sold it to his nephew said he doesn't have to honor the contract what can I do

N. Munro Merrick
N. Munro Merrick
answered on Sep 5, 2016

New owner, relative or not, steps into the shoes of the old owner. He has no more rights, and the same obligations, as the former owner. If you have a fixed term lease, and you are not in violation of any of the terms of that lease, you need not move. You have an right to continued possession.... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: 10 months into a year lease my landlord tells me to move into the now vacant house next door.then gives me a mo.to mo.

Is that legal or the landlord just break the lease. Now at this new place I have documented problems and in the past two.mos. nothing has been done. There's some serious issues here I've offered to fix them and now he's given me a thirty days terminate notice

N. Munro Merrick
N. Munro Merrick
answered on Sep 5, 2016

Lot's more info is required. Are you month-to-month, or fixed term? Did you agree to make the move? You can agree either by a written agreement, or by just moving. What are the problems with the new place? Are there repairs that are needed and that affect habitability (that is a legal... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: neighbors up all night smoking on our stairs that lead up & down from our apt. strangers sleeping on our porch area

It's scary cause I leave to work early I have children and don't feel safe what can I do

N. Munro Merrick
N. Munro Merrick
answered on Sep 5, 2016

I am not clear what it is you afraid of, the smokers on the stairs, or the strangers in "your porch area."

Fist step always - negotiate. The smokers are, I assume, other tenants. You should ask them to refrain from smoking on the stairs. if that is your comlaint. If it is the...
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1 Answer | Asked in Landlord - Tenant on
Q: Can a landlord ask for damages from a tenant without prof the damage was done after the tenant vacated?

The tenant was evicted. A week later after they left a window was broken. The landlord is charging the tenant with no prof the tenant did it. Is that legal?

N. Munro Merrick
N. Munro Merrick
answered on Sep 4, 2016

Your question assumes a very important fact, "A week after they left a window was broken." How do you know that? Did you do a walk-through with the landlord before you vacated? If not, did you ask for one? If not, you took a risk by not doing so. However, the landlord has a problem.... View More

1 Answer | Asked in Contracts and Consumer Law for California on
Q: I got into a 5-year subscription with a scamming magazine company that won't let me cancel? What can I do to get out?

It started at around May. I got a phone call from this woman who told me that I was selected and I won a free tablet (It's because I participated in the Publisher Clearing House sweepstakes). I got excited cause I never won anything. She told me that in order to get my tablet I got to have a... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 4, 2016

Very important question: You say, "I accept". Did you give them $50.00? If so, you are asking for your money back. You can complain on Yelp or some other complaint website site. However, I have a suspicion that you have been had! Remember the old saying, "If it looks too good... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Am I able to get a holding deposit back for an apartment, if I did not sign anything yet?

I gave a holding deposit for an apartment so it would be off the market. I did not sign any paper work for it yet. The landlord renting did not state that the deposit was nonrefundable, and it was not in her receipt that it was nonrefundable. I gave the notice I could not rent the place the next... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 4, 2016

There is no such thing as a non-refundable deposit. It is either a fee, or a deposit. If it is a deposit, and you cancelled within a reasonable time of making your decision which was within a reasonable time after you made the deposit, she must refund your deposit.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Is it legal for a leasing agent of apartment complex to spy, harass, and single me out as a tenant, for personal reason

My girlfriend is friends with maintenance supervisors ex wife, maintenance supervisor. And leasing agent are involved, but he threatens his ex wife constantly, she is scared to be at her apartment alone, so we let sleep on the couch for a few days, in that time, he has deflated her tires, the... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 3, 2016

Your girlfriend's friend has a problem with her exhusband??? The only real problem you have is that you must conform to the terms of the rental agreement you have with your landlord. S/her put the limit on number of occupants for a reason. You agreed to those terms. If you do not, you can... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: My landlord insulted and cursed at me in public and he also offended me about my "nationality", what can I do about it?

My landlord lives downstairs (in the basement of a 2 family house). We are the tenants at first floor. We're 4 people. Couple with a son and a daughter (both age 20+). We pay rent regularly and we're a normal quiet family.

Last night my landlord was sitting outside in his backyard... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2016

First, put a lock on the door as the police suggested. You are entitled to undisturbed possession except in case of an emergency. As far as the yelling and cursing, that makes him an obnoxious loudmouth. If he insults our nationality, he is also a bigot. But as far as I know, that does not make... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: I failed a eviction notice n then had it served to my renter. But I found out she gave me her last name is wrong?

Is my eviction notice still active

N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2016

You say you "failed" an eviction notice. I do not know that means. What is the name on your rental agreement? How do you know that is not her correct name? What was the contents of the notice? How was it served (delivered to her)? With that information I can respond.

2 Answers | Asked in Landlord - Tenant for California on
Q: What happens if the server did not attach the answered ud
N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2016

You need to supply a lot more information as I indicated in my answer to a prior question )from you??) on the same topic. Consult the summons on the procedure for answering a UD.

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1 Answer | Asked in Landlord - Tenant for California on
Q: What happens if my server forgot to mail out my answered documents to the people that are suing me ?
N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2016

You need to supply more info: who or what I the "server"? An employee? If a process server, and he was actually supposed to do some mailing for you, you can claim any loss against him. He probably carries insurance. I would also ask, why ask him to do something you could do equally... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: was served a a 3day notice and after the final day there was a verbal agreement (I have proof) does now the verbal stand

Does the verbal agreement override the 3 day notice?shouldn't it? and I served a updated 3 day notice before an eviction process.

N. Munro Merrick
N. Munro Merrick
answered on Sep 2, 2016

You have left many unanswered questions, but let me make a couple of observations.

First, real estate transactions in general are conducted in writing. Without a writing very few things can be accomplished without a relevant document. You have possession of a residence. Occupancy is...
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