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Questions Answered by Manuel Alzamora Juarez
1 Answer | Asked in Landlord - Tenant for California on
Q: We rent in california and have been in the same apartment for 3 years the ceiling in my asthmatic childrens room has

Been leaking and mold has been an issue The owner already paid someone to fix it but the guy has yet to show up like i said its been a year of back and forth with them the owner will not pay someone else to come out and do the repairs what should i do? My kids cant even go in their own room because... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Dec 4, 2019

Waiting one year for the landlord to fix your leaky ceiling is unconscionable. you have rights under California Civil Code 1941-1942 to a habitable gouse or apartment. Your landlord has failed his duty and you have suffered damages. If you or any of the persons has gotten illed as a result of... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord has asked me to move out and wants me to name a figure amount to move. Do I have to move ?

My landlord has stated that there are not problems with my tenancy...that my rent has always been on time and I've never received any complaints.

But he as asked me to move, stating : " there's money involved", and he wants ( me ) to name the figure amount to be considered.

I'm... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2019

Next time he approaches you tell him to contact your attorney. Choose a Tenant lawyer near you and that will be the end of it!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: How can I stop a eviction?

Lease expired so I asked to renew it. Was told my house is going to be sold and I have till next month to get out. I asked why I didn't get a notice and they stated"Oh, we taped one to your door in September". I never found a note taped to my door. I never got a copy in the mail, never served, no... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

He has to serve you personally. Or, give you a 60 days move out Notice. Besides, he accepted your payment for this month, so Just get a lawyer to represent you to tell the Judge you were never served personally and did not get a move out notice. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord wants to buy me out in a rent controlled bldg. in Oak, CA. Can I get evicted if I say "no" ?

I am afraid that saying "no" to a potential buy out from my rent controlled apartment could result in my landlord starting eviction procedures. As a consequence, he keeps "pressing" to reschedule one to one ( off the record) meetings with me.

Do I have to keep having these meetings... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

No you cannot be kicked out of your apartment for saying no. You may be asked to negotiate by the landlord or his attorney and depending on whether your landlord is not violating any rent control laws, you may be asked to move out for an amount mutually agreeable to both parties. However, there... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord kicked me out in retaliation for complaining and about to take legal action for uninhabitable apartment
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 18, 2019

Your eviction is independent of your cause of action for violation of the warranty of habitability. Hire a tenant lawyer right away to protect your rights. you must take all your correspondence with your landlord, copies of videos or pictures of what was wrong in your apartment, medical records... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

2 Answers | Asked in Land Use & Zoning, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Do you have same rights as a renter, if you are offered Free Rent in exchange for labor fixing the house up?

Ive been offered a house Free Rent just to fix it up. It has a lot wrong with it. Needs toilet, tub put in, new electrical box, trees trimmed, trash cleaned up cause homeless have been coming and going. All kinds of things. I was told that even after everything is fixed I could stay there rent free... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 30, 2019

I see this pattern a lot in my business. Here is some advice to protect you. write a contract for a nominal rent. Have the landlady agree that you will charge market fees and that she will pay for all supplies.

Each month tally your work and then deduct the nominal rent. If there is a...
Read more »

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4 Answers | Asked in Car Accidents for California on
Q: Insurance company wants to give entire car accident settlement to Medi-cal. I still have med bills and am homeless.

The at-fault driver only had $15K coverage and is broke. How do I recover court filing fees to cancel the case & negotiate with Medi-Cal to recoup some of it for treatments they don’t cover, since I did all the legal work myself to file lawsuit and recoup full amount on their behalf?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 30, 2019

Since you do not have a lawyer, you should call the Medical adjuster and tell them that you paid for legal fees and other expenses. They should adjust your bill and send you approximately half of the money back. Best of luck.

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2 Answers | Asked in Personal Injury for California on
Q: Thank you for the advice but why can't you just answer my question

If it were you filing a lawsuit, what form would you use?

On what form should I put my petition/prayer for recompense?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 23, 2019

It all depends what type of lawsuit you are filing. You can browse through all the forms at : judicial council forms of California. Best of luck.

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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Lived in apartment for 18 mo, repeatedly asked for repairs, continuously told to be patient, many more issues

Infested with bugs that have been here before i moved in

Infested!!! 1,000s of cockroaches floors are falling in roof is caving in, both entry points leak a water fall inside the house broken windows, no screens etc

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 23, 2019

Your landlord is violating the warranty of habitability. Take lots of pictures, if you are feeling sick due to the cockroaches' droppings and foul smell of the rats, go to the doctor. Do not forget to notify the management or owner of all your troubles. Ask them in writing to fix the problem.... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I got a 60 Day Notice to Quit for reporting a fire code violation at my building. Can they do that?

There's a habitability problem at this senior's complex. When I report anything to the manager, she thinks I'm a problem. I have a letter with all of the details, and pictures, I'd like to send you, if I can have an email address.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 10, 2019

Yes, they can do that. Is it legal. I would say no. Contact the nearest lawyer to you that litigates habitability issues and get an appointment. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: What rights do I have? Can I be evicted without going through the legal process in. The courts?

I rent two rooms from a man for my family of five. We are waiting for our new place to be ready. About another week or so. I have fallen behind on my rent to him. He has served me with a three day notice to perform or quit. Can he evict me without going through the courts and the legal process?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 8, 2019

No. He cannot evict you without legal process. However, if you explain you only need a week, you may save a bad reputation in the future. Talk first and avoid a legal eviction.

1 Answer | Asked in Landlord - Tenant for California on
Q: got a 24 hr notice to check unit they check apt said it smelled and then let a terminate tenacy 60 days with no reason

and no one will get back to us

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 7, 2019

Sounds extreme. Sometimes it is an excuse to evict you and rent apartment for a higher price. Do not stop paying rent. Best of luck!!!

1 Answer | Asked in Landlord - Tenant for California on
Q: 60 day terminate tenacy notice

we pay rent on time or early 24 hr notice to check unit came in said it smelled and left then got notice

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 7, 2019

Need more facts.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can landlord put up outdoor gates with padlocks locking tenant out of parking space and entry to their rental?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 4, 2019

Yes, they have a right to provide security for their tenants. However, they do not have a right to lock out their lawful tenants. Ask Landlord for your key or call the police. Best of luck.

3 Answers | Asked in Car Accidents for California on
Q: car accident back on 2016 since that time a settlement is pending, lawyer just giving me false hopes. Can u help me

I was a passenger, I got a herniated disk from my neck and some cuts on my arm, lawyer was referred from the insurance car owner. How can I get legal assistance on this case can I fire my actual lawyer and hire and other?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 4, 2019

if you feel that your lawyer is not being responsive to you, then there is a breakdown in communications. Give him one more chance and equest for a date to meet with you. If he does not respond within a week's time, call the California bar or hire another lawyer. Your choice. Best of luck.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Is it illegal for a landlord to break into my home and remove all of my personal property. Never served me eviction

I was never served any notice

By him and I lived there for two years

I had to change my locks because he repeatedly came in and forced himself on me. When I said I was in a relationship and getting married he then came to my home with out notice and tried to break into my home... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 21, 2019

Call the police and tell your story.. hire a lawyer right now. Best of luck.

4 Answers | Asked in Workers' Compensation for California on
Q: I am looking for an attorney for my civil case against San Diego unified. I was injured due to their lack of training.

Ihave been through the workers comp process. The district is offering to settle. I am unhappy with the offer. The injury ended my teaching career.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 18, 2019

If you had a workers comp attorney, he would have advocated for your full benefits. There are money limitations under the w/c system. Most unfortunately. there is no recovery for pain and suffering, unless your injury was caused by a third party while at work. That would give rise to a third... Read more »

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4 Answers | Asked in Personal Injury for California on
Q: Defendant's lawyers claim attorney client privilege, and defendant sparsely answers interrogatories?

Defendant's lawyers are trying to provide extremely limited responses to interrogatories by every argument possible, to the point of making discovery moot!

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 18, 2019

Hire a competent attorney. Best of luck.

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2 Answers | Asked in Civil Litigation and Wrongful Death for California on
Q: 5 mil lawsuit in 79-80s in which the children of deceased never received any funds from the suit? Can this be recovered

Wrongful death and DUI. Grandma was guardian of children but she was in trouble by the law at the time and they refused to give her the money. Children just learned of the lawsuit and want to know if it can be recovered since they are innocent of grandma criminal activity

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Aug 21, 2019

Not. Enough information. But if case was litigated and a fund set up, it will be necessary to go to court and find out all about the settlement . Best of luck.

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