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Questions Answered by Philip Shakhnis
3 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for California on
Q: Is it proper for an California Attorney to settle a civil liability case by including property damages in the settlement

I suffered personal injury and property damage as a result of my Landlord's failure to provide an apartment free from mold and other contaminants. I had a separate renter's insurance policy and my doctor told me that I must trash all of my personal belongings (clothes, furniture, etc).... Read more »

Philip Shakhnis
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Philip Shakhnis
answered on Dec 7, 2022

Yes, in general an attorney in a mold case will seek to recover for all losses and injuries you sustained. Also, a court would likely prohibit filing two separate lawsuits (one for personal injuries and a second for property damage) as that would be a waste of the court's resources. Hope... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: I gave my landlord my 30 day notice but they are saying i have to give a 60 day notice.

I haven't signed a new lease since 2021 so we are month to month. The apartment is infested with roaches, rats, and there is mold in both of the bathrooms and my daughters room. I feel unsafe living here.

Philip Shakhnis
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Philip Shakhnis
answered on Nov 18, 2022

Unless the rental agreement provides a shorter notice period, a California tenant must give their landlord 30 days' notice to end a month-to-month tenancy. Tenants should check their rental agreement to see if it requires giving notice on the first of the month or on another specific date.... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for California on
Q: In a unlawful detainer suit what can a tenant counter sue for
Philip Shakhnis
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Philip Shakhnis
answered on Nov 18, 2022

In California, tenants who are defendants in an unlawful detainer cannot file a cross-complaint. However, the tenant can file a separate lawsuit against the landlord for any breach of the rental agreement, negligence, fraud, harassment and other claims.

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