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if a stipulation, with a move out date was signed, could i file a motion to set aside or a motion to stay, for more time
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answered on May 3, 2024
In California, if you have already signed a stipulation agreeing to move out by a certain date, it can be very difficult to change or extend that date. A stipulation is a legally binding agreement between parties, and courts generally enforce these agreements.
However, in some limited... View More 
This Case is Profound to Me for this reason.It is the Cited Case that is associated with Blacks Law Dictionary- 6th Edition-Page 1574-"Twenty Reasons To Vacate A Judgment".I have never in My Life heard about this Case- Page 1574 of Blacks Law Dictionary-6th Edition or The 20 Reasons To... View More
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answered on May 3, 2024
The concept of vacating a judgment is a valid legal principle. In general, a party can file a motion to vacate a judgment for various reasons, such as:
1. Mistake, inadvertence, surprise, or excusable neglect
2. Newly discovered evidence
3. Fraud, misrepresentation, or... View More
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answered on May 3, 2024
In California, it is generally not legal for a landlord to definitively state that they will not return your security deposit before you move out. According to California Civil Code Section 1950.5, a landlord must return the security deposit to the tenant within 21 days after the tenant has vacated... View More
After roommate was short on rent, he needed a few days to get that to him, he served us with 3 day notice and we lived there 6 years. We gave him partial rent and he took it we decided that was uncomfortable now and we realized we should move out. In March 7, 2024 we formally gave him out notice.... View More
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answered on May 3, 2024
Based on the information you provided, it seems that your landlord may have violated several California landlord-tenant laws:
1. Proper notice: In California, if you have lived in the unit for more than one year, the landlord must provide a 60-day notice to terminate the tenancy, not a... View More
I started receiving temporary housing pay Feb 27th 2024 unit had mold. On March 29th I received a 60day notice substantial remodel for mold and new windows .Remediation was completed on March 8th . From March 8th till April 18th waited for delivery of windows then installed in one day April 19th.... View More
answered on May 2, 2024
Thank you for asking the question!
When there is substantial remodel includes the abatement of hazardous material such as mold that cannot be reasonably accomplished in a safe manner with the tenant in place and that require the tenant to leave the place for at least 30 days.
The... View More
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answered on May 2, 2024
I understand that you have been served a notice to vacate in California because you missed the five-day deadline to file an answer after being served an unlawful detainer (eviction) complaint. Here's some information that may be helpful:
1. Default judgment: If you fail to file an... View More
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answered on May 2, 2024
Normally, you have to be served with Unlawful Detainer papers. You have 5 days to answer. If you fail to answer the Landlord will get an eviction order against you. When that happens, go to Court and ask for a stay of execution, you may get to explain to the Court why you did not answer and get... View More
So I had a little house built on the property the non profit had a meeting voting me in and owner of the unit I didn't live in , thena heir came and claimed the one I didnt live in but paid the rent the heirs lawyer sends me a thirty day notice to move from the one i was paying rent can they... View More
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answered on May 2, 2024
I'm sorry to hear about your difficult situation. It sounds like there are a few complex legal issues at play here regarding property ownership, tenancy rights, and the actions of the non-profit organization.
In general, even if you were paying rent on a property, that alone... View More
If this law is correct, and I can only be obligated to pay a 10% increase, does my lease for the next year still stand.
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answered on May 1, 2024
In August 2022, the California legislature passed AB 1482, also known as the Tenant Protection Act of 2019. This law caps annual rent increases at 5% plus the local rate of inflation, or 10%, whichever is lower. The law applies to most properties in California, with some exceptions like those built... View More
I had no other details or was ever told anything and the judge granted someone else letters to administrate a unit I have lived in for 10 yrs. I received a notice from the lawyer I had 30 days to move I live in a non profit public housing where it's ran by a board. The board voted me in as a... View More
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answered on Apr 30, 2024
Based on the information you've provided, it seems that you have a complex legal situation involving probate, housing rights, and potential appeal. Here are a few points to consider:
1. Appealing the probate decision: If you believe the judge did not give you a proper opportunity to... View More
This is the second consecutive month that this has happened. When I contacted management and informed them that I did not receive a notice, they said it was a "system error". However, the same thing has happened for the month of May.
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answered on Apr 30, 2024
I understand your frustration with the unexpected rent increases without proper notice. Under California law, landlords are required to provide written notice for rent increases, and the amount of notice depends on the percentage of the rent increase:
1. If the rent increase is less than... View More
I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come... View More
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answered on Apr 30, 2024
I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your... View More
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answered on Apr 29, 2024
I understand you're in a difficult situation and are concerned about your belongings in a storage unit in California being auctioned off. Here are some steps you can take to try to prevent this from happening:
1. Contact the storage facility immediately. Explain your situation and see... View More
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answered on Apr 28, 2024
In California, filing a civil lawsuit against a landlord for a frivolous unlawful detainer (eviction) action does not automatically stop a sheriff lockout. However, there are a few ways a tenant might be able to delay or prevent the lockout:
1. Motion to Quash Service of Summons: If the... View More
I have moved out of an apartment 1 month before the lease ends and my roommate is doing a lease takeover for the final month. The landlord sent a contract for the lease takeover but it doesn't say anything about me getting my security deposit back. My roommate is already using both bedrooms... View More
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answered on Apr 27, 2024
Under California law, when a tenant moves out, the landlord must return the security deposit within 21 days after the tenant has vacated the property and returned the keys. In your situation, there are a few steps you should take to ensure you get your security deposit back and are not held liable... View More
I received an unlawful detainer. a motion to quash was requested due to improper service, however it was denied. I retained counsel after filing an answer, I never received anything in the mail notifying me of a trial date. My attorney called me on March 18th around 10am telling me there was a... View More
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answered on Apr 27, 2024
Under California law, if a judgment was entered against you because your attorney failed to appear on your behalf at a trial or hearing, you may have grounds to file a motion to set aside the judgment. Here are the steps you can take:
1. File a motion to set aside the judgment: You can file... View More
A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?
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answered on Apr 27, 2024
In California, if you and your landlord have agreed upon a move-out date and filed a stipulation for entry of judgment with the court, it is generally expected that you will adhere to the agreed-upon terms. However, if you find yourself unable to secure a new place to live by the specified date,... View More
Ex parte for stay of judgement, rejected myedical emergency discharge papers
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answered on Apr 26, 2024
I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:
1. File a petition for a writ of supersedeas with the appellate court. This will... View More
she is the only one who has paid rent this year. he was snuck back into my house and now refuses to leave
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answered on Apr 25, 2024
Under California law, if the couple is renting a room in your house and only the woman is on the lease, the man does not have the same rights as the woman who is the official tenant. However, the situation can become complicated depending on various factors.
Here are a few things to... View More
Landlord withholding gate key to property so mail carriers can’t get onto property to deliver the mail?
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answered on Apr 25, 2024
Under California law, if a landlord prevents a tenant from getting their mail, it could potentially constitute a crime and provide grounds for legal action:
1. The crime:
- Interfering with the delivery of mail is a federal offense under 18 U.S.C. § 1701, which prohibits knowingly... View More
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