If your landlord is entering the property you rent, he must comply with the requirements of Civil code section 1954. That section specifies the purposes for which a landlord may enter the property and the written notice requirements that must be met. Whether in compliance with that section or...View More
No. You need to follow the "Notice of Entry" procedures found in California Civil Code section 1954. With a matter of this importance, you really should consult with a landlord tenant attorney and have them give you the form of the notice and instructions on how to serve the notice....View More
Plaquenil damaged my retinas and my rheumatologist was supposed to warn me about these side effects and he did not give me any warnings I was supposed to get regular eye exam by a ophthalmologist. Now I’m losing my sight from this drug. It was the ophthalmologist that told me to stop taking this... View More
You may indeed have a malpractice case. The time limits to bring such a case are shorter than for regular personal injury cases. Start contacting medical malpractice attorneys now. Almost all offer free case evaluations. It would be helpful for you to have all your related medical records...View More
A tenant is not responsible for reasonable wear and tear. A tenant is responsible for damages they caused. Generally, 20+ year old carpet would be worn enough for most landlords to replace, but there could be exceptions.
If you paid the rent to the owner's agent, it is now the owner's problem if the agent stole it. Unfortunately, if you get a 3 day notice, you will have to get prepared to fight an eviction. You should probably try to find a tenant's attorney now, because eviction proceedings move...View More
Assuming they are not terminating for valid cause, and your lease does not cover the topic, there is no provision for canceling a lease. Even in a month to month tenancy, 30 days notice is required for termination. They could be on the hook, theoretically, for the entire term of the lease....View More
If the title company won't give you a copy of the Abstract of Judgement, you will have to go to the County Recorder's office and get a copy. If you look at it and still don't know what it is about, then you will have to review the case file at the courthouse. If it truly is some...View More
There is a subset of probate/trust attorneys that take on litigated matters. If the probate attorneys you are contacting do not litigate, many will be able to refer you to someone who does. Whether an attorney will take your matter on a contingency basis is another story. Many more will be...View More
Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened...View More
Civil Code section 1954 covers the landlord's right to enter a dwelling unit. It does NOT provide for general "inspections". Any provision in a lease or rental agreement purporting to have a tenant waive their rights under section 1954 is void [Civil Code section 1953(a)]. You should...View More
My neighbor hired a tree trimmer to cut down a tree in their yard. Tree trimmers walked around to our side gate, opened our gate, entered our yard, cut down one of our palm trees 20 feet away from the fence line, inside of our yard, left the tree laying in our backyard, broke a sprinkler when it... View More
You may be able to recover up to three times the value of the tree plus attorney fees, and property damage for the sprinkler and fence, as well as damages for trespass. You are more likely to be satisfied with the result if you have a knowledgeable and aggressive attorney representing you. Start...View More
My wife was almost killed by a police K9 a year and a half ago while working for the sheriff's office. Her psychologist was suggesting she get some cats as a support animal because my wife is an animal lover, but now has a rightful fear and mistrust of dogs. Our apartment doesn't allow... View More
You are in a difficult position. First, your lease is a contract. There did not have to be a specific discussion at the signing about pets if the lease says they are not allowed. Again, regarding that you "figured" small pets were fine: if the lease says no, you don't get to make...View More
The short answer is yes. The statute of limitations relates to when a legal action must be brought. However, if a judgment was obtained against you, it lasted ten years, and may have been renewed for another ten. There are also exceptions to the statute of limitations, such as time you were...View More
However my husband doesn't have a will. They are joint tenants in common on the deed. I worry if he dies before getting a will my brother in law will take the house. My husband wants me or our kids to have his half in case he dies, but he is slow at getting legal stuff done. I worry he might... View More
You state they are "joint tenants in common". There is no such thing. They are either "joint tenants" or "tenants in common". If they are "Joint tenants", then which ever outlives the other will get the entire property. Having a will would not change this...View More
I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if... View More
Your legal position will depend on such factors as whether you were ever released from the lease, how the extension was accomplished (option, automatic?) and other facts specific to your situation. Do not speak with the firm until after you have had a consultation and document review with counsel,...View More
My Landlord is a very nice lady but she wants me to sign a California Association of Realtors Pet Addendum where I would have to cover any damages made by my dog. My worry is that every little scratch on the wood floors or issue will be blamed on my pet and I will be liable for thousands or tens of... View More
Assuming this is a new tenancy, you should document the condition of the place when you first take possession. Photos, video and a written inspection signed by landlord and tenant all are helpful. Do the same when the tenancy ends. Whether you sign the addendum or not, you are responsible for...View More
Hello I currently have a lease through a property management my landlord placed house for sale as soon as we had signed a contract extension. with that being said em I obligated to show the property if I'm still under contract?
Yes, but there are limits, as well as requirements for proper notice. Read carefully California Civil Code section 1954, especially (d)(2). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1954&lawCode=CIV
Her inuries included two compound fracture both legs and crced pelvis a brief amwas in hospital two week than in a long term care facility.....yet she only offered 6. Thousand.. ..why so little.others I know we're getting much much more
Every case is different, but it sounds like your friend is 1. not represented by a lawyer and 2. is still negotiating. She needs a lawyer to get her the best money recovery. It's really that simple. Insurance companies will take advantage of people who do not have lawyers. They make more...View More
In order for you to get title in your name, the property will have to be probated. There are some exceptions to probate, but nothing in your question mentions any facts which suggest they apply in this situation. You need to contact a probate attorney now, as the process is not quick and you also...View More
I have sent several letters and called many times and the other party, which is a tow truck company, still has not paid. They were served properly by a sheriff's deputy but they failed to appear on our court date, so the judge awarded me the judgment which seems impossible to collect. How do I... View More
The good news is that your judgement keeps earning interest while it remains uncollected. The bad news is that collection is up to you, and is not a subject which can be easily answered in a simple question and answer forum. There are attorneys who specialize in collections, and typically charge...View More
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