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the same demand letter themselves? This has to do with CA VC 5753 (e) pertaining to trebling the damages. My story: it took 8 months for me to receive the registration and title when I paid cash for a truck at a used CA dealership. There was still a lien on the truck and the dealer did not forward... View More 
answered on Mar 14, 2016
My question to you is, Did you demand in writing that the certificate of ownership be delivered to you? Since you have researched some law on this subject, take a gander at CA Veh Code Section 5753(b). If the dealer submitted the "appropriate documents and fees to the department for transfer... View More
Last November, 2015, my wife and I initiated a treatment with a chiropractor who strongly advised us to hire the treatment (paying full to get discount), at a price that was way beyond the copays that my health insurance covers. We paid almost $ 4,000 (for both of us) for the "special... View More
answered on Mar 14, 2016
Your complaint appears not be about the recommended treatment itself, but about the fact that they called it "special". "Special" is defined as "uncommon, individual, designed for a definite purpose." The regular or ordinary course of treatment may not involve any... View More
answered on Mar 14, 2016
If you did not receive notice of any kind from the storage facility before the property was sold, you may sue the facility for the fair market (depreciated) value of anything of yours that they sold, unless that value of the property is less than the statutory exemption, currently $700. If,... View More
Exact language from lease:
"Landlord shall to the extent permitted by law, have the right to proceed by distress and sale of Tenant's property for Rent and other amounts due hereunder. During the term hereof, Landlord shall have a lien on all of Tenant's personal property,... View More
answered on Oct 15, 2015
Unless you agreed to the lien, the answer is, "Not until he gets a court order". But he appears to have your consent, since you signed the lease. Of course he still needs to get a court order, but it would be quick.
I moved out of the apartment 4 months ago, but she claims that I owe her for utilities costs that she forgot about while I was living there.
answered on Oct 15, 2015
Why not? Don't you owe it? What would you want to have happen if you were in her shoes? If you don't owe it, then dispute it, and give her your reasons.
He said my toilet was leaking for at least 25 days which resulted in over 100,000 gallons of water going back down the drain. He said it was my responsibility to report the leak to him right away. I told him I was not aware of any leak or I would have. He gave me a deadline to pay the bill or make... View More
answered on Oct 15, 2015
There is no quick, decisive answer to your question. Who is responsible for repairs to the property? The lease may specify you. If you are, is the leak repairable without replacing the toilet? If not, it is probable that if a plumber states that it cannot be repaired for a reasonable price, the... View More
Landlord has been told that her Notice to Vacate and Quit were given in retaliation of our rights to ask for repairs. The Notice To Quit was Sept.30th 2015, we did not move out. Waited for landlord to file an Unlawful Detainer instead got a hand deviled letter from her Attorney (plan paper no... View More
answered on Oct 15, 2015
You have a lawyer so I am not sure why you are asking that question here.
I cannot see that it makes any difference whether the letter comes directly from the landlord or from his attorney, as long as the attorney states that he represents the landlord.
The landlord has opted to get... View More
Can i deduct it from my rent since I felt unsafe?
answered on Oct 15, 2015
There is a California statute which requires a landlord to "Install and maintain an operable deadbolt lock on each main swinging entry door of a dwelling unit." The law then specifies some specifications for the lock. (CC Section 1941.3(a)(1). However, it also requires the tenant to... View More
The neighbour is not unruly, she is just living her life but the hours are late and because of her walking she keeps waking us up. My wife is 5 month pregnant and this is causing us a-lot of distress. We approached the landlord to ask if he would carpet the floor but he declined.
We have... View More
answered on Oct 15, 2015
Yes. You have stated the legal basis for a finding that the landlord has breached the implied covenant of quite enjoyment. It is a condition that I presume you were not aware of, and could not have become aware of prior to signing the lease. Write him to that effect, and tell him that if he... View More
i fulfilled my one year lease last month at which point, I became a month to month tenant. i gave my landlord a 30 day notice & he says in his copy of the lease contract its a 60 day notice requirement & wont refund my security deposit. even if I signed such a contract, doesnt Ca law of a... View More
answered on Oct 15, 2015
No state law requires the TENANT to give 60 days notice of intent to vacate. 30 days is the norm. However, I'd like to see that contract.
Isn't there a time period before she has to inform us and give us time to decide if we are going to pay the 150.00 dollars she is raising ?
answered on Oct 15, 2015
Yes. State law requires 60 days notice if you have been in possession for more than one year, 30 days if less. Some cities may have additional requirements.
answered on Oct 15, 2015
Interesting question! I have a couple of thoughts:
1. Write the manager. Tell him you have no evidence that he has the right to rent the property. There have been many fraudulent rentals where someone other than the rightful owner manages to rent a property and collect the rent. Ask... View More
did the trial court abuse its power of descreation by allowing trial to continue with an un-excused absence of plaintiff and a un prepared defendant?
answered on Oct 15, 2015
Do you have a question? If so, plaint English would be helpful without abbreviations! More information might make an answer possible!
answered on Oct 15, 2015
She is a tenant and has most of the rights of a tenant. Be sure you are following proper eviction procedure: 30 days notice if there one year or less, 60 days of longer; file suit if she does not move out. If she does not move out voluntarily, you cannot take any action without a court judgment... View More
He quit cause he says he lost his business but the work hasn't been completed what should I do
answered on Dec 4, 2014
Some questions need to be answered: What does he mean by "lost his business"? How much of the work has he completed? What remains to be done? Did you pay $20,000.00 up front? What is the total value of the contract?
The usual procedure to follow when a contractor does not... View More
Owner of real estate gives an option to buy. Owner files bankruptcy and rejects the contract. Later, owner gives tenants the right to buy, but they don't follow through. Later, tenants breach contract by failing to pay the rent. Can the tenants get damages for the owners initial breach of... View More
answered on Dec 4, 2014
The option to buy contract was discharged in the bankruptcy. That does not constitute a breach. Any obligation the owner had was terminated. Once discharged in bankruptcy, the debtor cannot be sued on that same contract. However, the tenants can be evicted for non-payment of rent.
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