answered on Sep 27, 2022
He doesn't need to accept a post-dated check. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
we did to know how to fill and appial and sueing the bank
answered on Sep 24, 2022
I highly advise that you speak to a qualified attorney as soon as possible to preserve your rights.
One answer I received is that I have "too many accounts" but they are low amounts and very few commercial accounts.
answered on Sep 24, 2022
A landlord must accept a "tender" of a rent payment. If you offered the rent payment on time, but the landlord refused it, then that is the landlord's problem. You cannot be evicted for nonpayment of rent if you can show that you timely tendered (that is, offered) the rent payment in full.
It’s been 7 months after raising the rent and we’re on a month to month agreement. The tenant just informed me their girlfriend with her service dog has been living with them the last 3 months and would like to add them to the lease. Can I request to draw up a new lease with the new additional... Read more »
answered on Sep 24, 2022
To play it safe, wait five more months until the 12-month period has elapsed so that you can raise the rent again.
A man made a verbal commitment to his non-martial spouse of 30 years to allow her to live in his home that is willed to his daughter until she dies, free of charge. The daughter verbally agreed to this agreement with her father, but is now reneging. She is requiring the surviving non-marital spouse... Read more »
answered on Sep 24, 2022
A good theory of law that would likely apply is what is called "equitable estoppel."
"The venerable doctrine of equitable estoppel or estoppel in pais, which rests firmly upon a foundation of conscience and fair dealing, [fn. omitted] finds its classical statement in the... Read more »
I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »
answered on Sep 23, 2022
It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »
Got evicted 4 years ago balance owed 4000.00 2 years ago they garnished my wages for approximately 3000.00 I changed jobs then this year they garnishing husband's wages as of today they have been paid 3200.00 they say balance owed is 2500.00 more we can't afford the 500.00 a month they... Read more »
answered on Sep 23, 2022
You may be able to file for bankruptcy to get your debts discharged.
I've been here since last year with my late husband. He passed away on June 27th of this year and now the land lord is stating that I am squatting and need to leave the premises by today. I have no place to go nor do I have a place to storage my belongings. I am unemployed, husband was... Read more »
answered on Sep 20, 2022
Yes, you can be evicted even if you have no place to go. That said, at the eviction trial, you can ask the judge to stay your eviction due to your economic situation, and the judge has the authority to grant an additional of up to 40 days for you to stay in the premises while you find alternative... Read more »
In other words, must you obey the state law above all else? Or must you obey what you signed and agreed to in a lease above all else?
answered on Sep 20, 2022
The written law takes priority. The lease provision that contradicts state law is considered invalid and unenforceable due to it being violative of public policy.
answered on Sep 20, 2022
As a landlord, you have a duty to maintain a habitable premiss. However, if the conditions of the premises are caused by the tenant, you can warn them that they are failing to fulfill the covenants of the premises--chiefly, to maintain a clean living space for themselves. If the odor is caused by... Read more »
My landlord provided a false denial letter supposedly from the relief program in order to be allowed to file an eviction on me. Although He is now Evicting only for non payment of rent due after protections were over in March 2022. So from April to current. Even though I was protected since way... Read more »
answered on Sep 20, 2022
If you can prove that the document was forged, you should be able to disqualify the landlord as a witness and attack his credibility.
I was given a 30 day notice but still haven't been able to find a rental. If I get an unlawful detainer on my record I will not be able to rent anywhere. I'm thinking about moving out and living in my car until I find something just so I don't get this on my record. I don't want... Read more »
answered on Sep 18, 2022
Both. When a UD case is filed, that goes on your record; same as when you have a judgment against you. However, the records are sealed for 40 days.
He has been living off her pension for 12 years and took over her finances. We had a will done in 2006 which was 50/50 between my brother and I and in 2020 my brother had my mom do a new will giving him 60 and me 40 making him the executor and hid it from me for two years. He is selling and... Read more »
answered on Sep 18, 2022
Since your mom owned a home, I am going to assume the total value of all of your mother’s assets exceeds the probate limit. That means your brother or you MUST file a Petition in Probate Court in order to transfer title to the property from your mom to both of you, unless title to the home was in... Read more »
Tenant 1 pre-heated oven with a plastic cutting board. Did not smell the smoke or hear smoke alarm (said she doesn't smell well). Tenant 2 noticed and started yelling. Tenant 1 ran into the kitchen and her and friend took a hose to put out the fire. She also said that Tenant 2 left cutting... Read more »
answered on Sep 16, 2022
Likely not if it was their fault. However, if they are dislocated and it is due to your negligence or fault, you would need to pay for their relocation.
WHERE I LIVE IS VERY UN SAFE I HAVE LIVED HERE FOR 2 YEARS AND IN THESE 2 YEARS I HAVE BEEN WITNESS TO MANY SCARY EVENTS. RIGHT OUTSIDE MY NEIGHBOR GOT SHOT 6 TIMES , A CAR WAS LIT ON FIRE AND I RETRIEVED ALL FIRE EXTIGUESHERS TO HELP TRY AND KEEP IT SO IT WOULD NOT SPREAD, WE HAD A KILLER ON THE... Read more »
answered on Sep 16, 2022
A landlord owes an implied warranty of habitability to tenants of the premises. See Green v. Superior Court (1974).
I moved in on July 1st, my ex-gf is the property manager of this building. I started paying her $1000 a month for rent which she accepted. Now we broke up and she wants to kick me out in 2 weeks, but got mad when I told her I've established that I am a tenant now since I've gotten mail... Read more »
answered on Sep 10, 2022
Dragging you out of the building is illegal. She cannot resort to self-help.
She cannot evict you without proper notice, correct.
Feel free to contact me if you have any further questions.
My son signed a 13 months lease but the apartment was not made available until 29 days into the first month. Landlord is still charging for that full month. I have not seen the contract, but would a landlord be able to put in the contract that the full month is owed without providing the apartment... Read more »
answered on Sep 10, 2022
I would ask your landlord for an adjustment. You should not have had to pay for that full month. Did you see this in the contract before signing it?
I signed a lease for 15 months. The lease termination agreement read if I break lease due to reasons such as out of state job offer I need to pay 1 months rent as penalty. We are breaking the lease in 2 months because we bought a house. We gave the landlord 1 months notice. The landlord asked me to... Read more »
answered on Sep 10, 2022
You should be able to get a recovery for the security deposit that was unlawfully withheld. A simple letter from an attorney sometimes works. If that doesn't work, a small claims lawsuit can give you a chance to get your deposit back. You may contact me if you have any further questions.
As of 9/1/22 only my name is on the the rental agreement. I have not filed for divorce yet due to no financial help from my husband. He has not helped with rent or bills in the last seven months. He has a full-time job. We have a 9 year old and a child who will be 18 in October and two children... Read more »
answered on Sep 10, 2022
No. The landlord would have to do that. However, you can sue a nonpaying tenant for monetary damages.
I was told (I have text messages) that who I thought was my landlord could refund me three days rent if I moved out of the unit before the end of the month because the new tenant was available to move in by that time. When I asked for the deposit and rent back after I vacated the unit she told me... Read more »
answered on Sep 10, 2022
They have to give you an itemized list of the damages and the repair costs. If you file a lawsuit, you can get this information through discovery.
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