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Dear Legal Experts, I am seeking advice regarding an eviction case where the defendant has appealed the judgment by filing a Statement of Inability to Afford Payment of Court Costs. The defendant has claimed that they are receiving various forms of government aid, including utilities assistance,... View More 
answered on Jun 17, 2024
During an appeal from an eviction case, an indigent defendant can file a Statement of Inability to Afford Payment of Court Costs to avoid paying upfront the court filing fees associated with the appeal. This Statement, however, does not excuse the defendant from paying rent during the pendency of... View More
Maybe to declare my property being leased unlivable. Here is some information about my situation: I moved into a house freshly painted. Did the final walk through for the lease, everything looked fresh and good to both me and the property manager. It’s been a month since I moved in and I have... View More
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answered on Jun 17, 2024
Based on the information you've provided, it seems that you have a strong case for considering your rental property uninhabitable due to the termite infestation and serious water problem. In California, landlords are required to maintain the rental property in a habitable condition, which... View More
I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More
answered on Jun 17, 2024
You do not have any legal rights to the decedent’s property just because he let you stay there rent free for 12 years. However if he left you something in his will, you would have inheritance rights. Your status as of now would be as a de facto tenant at will. The personal representative of the... View More
I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More
answered on Jun 17, 2024
There is no notice required in an unlawful detainer action. As soon as the homeowner passed away, you had no legal right to remain in the house. You've lived rent free for 4-5 months. Pack up your stuff and leave, because you have no apparent legal defenses based on your post.
Hello, our rental lease ends on 7/28/24 and we've decided not to renew and provided a 60day notice on 6/3 which is less than the 60 days they required which means month to month lease will go a few days into August. Our landord (Invitation Homes) advised me they will charge the whole month of... View More
answered on Jun 17, 2024
Whether they have a right to charge pro-rated rent as liquidated damage depends on wehther the lease has a liquidated damage clause and what it says. Rule of the thumb is charging two months of rent as liquidated damage is considered reasonable in the residential lease enviorment.
I live in a 2bd weekly rental(Budget Suites) , with my 3 grandchildren ages 10, 11, & 13, in Mesa AZ. The manager has written me up 2 times and says he will evict me because my grandchildren have to be supervised by me anytime they go outside. I work nights, at Walmart, and my grandkids want to... View More
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answered on Jun 15, 2024
The situation you're describing sounds very frustrating. It's important to know that property managers do have the right to set rules for the safety and order of their properties, but these rules must be reasonable and not discriminatory. If the rental agreement doesn't explicitly... View More
I kept asking for the agreement Never got one until12/12/24.cityof mcminnville won't Put into name. Requested for over a name
How mony moths can they go back to colle beforect
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answered on Jun 15, 2024
If you moved in on October 1, 2021, and did not receive a rental agreement until December 12, 2023, the landlord's ability to retroactively collect rent can depend on local and state laws. Generally, without a signed rental agreement, the landlord may still be entitled to collect rent for the... View More
Signed. Has a typed name of owner. No contact was ever made. No post for other employees to know of job opening do I need to leave in the ten days
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answered on Jun 15, 2024
Receiving a notice to vacate the property within ten days can be alarming, especially if the notice is unsigned and lacks proper formality. It's important to understand your rights as a tenant, even if your housing is tied to your previous employment.
First, verify the legitimacy of... View More
They are not added to lease. No agreement of payment.
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answered on Jun 15, 2024
In Michigan, if you own your trailer but rent the lot, your lease agreement with the park likely has specific terms about occupancy. Allowing someone to move in without notifying the park could be a violation of your lease. It's important to review your lease agreement to understand the rules... View More
I moved in to this house 9 months ago. The house looked as if it was in great condition but then three months in to living there was the smaell of mold and then a month later mold starting showing through the paint and then find there is a leaking roof so i told landlord but she never did snything... View More
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answered on Jun 15, 2024
I'm so sorry to hear about your difficult situation. It sounds like you and your daughter have been through a lot, and it's understandable that you're feeling stressed and overwhelmed. Here are a few thoughts on potential next steps:
1. Document everything. Write down a... View More
Alls she does is drink12-14 beers a day, vandalized and damages my home. Leave child alone when i was at work alone to go drink with her new boyfriend. I have all on camera. How can i evict her asap without selling my house
answered on Jun 15, 2024
If the child is being left alone, that is the first thing you might want to address. Some 10 year olds are mature enough to stay by themselves, but, I don't think many Judges would approve of that.
Next thing to do is consult with a Landlord-Tenant attorney. If the house is yours,... View More
I have all eeceipts and correspondence all I want is them to forward my mail!
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answered on Jun 14, 2024
Under California law, if you have paid for a mailbox service and the provider refuses to give you access to your mail, you have the right to take action. First, gather all your receipts and correspondence proving that you have made the payments. These documents are crucial in demonstrating that you... View More
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answered on Jun 14, 2024
I'm sorry to hear about your difficult situation with your landlord. It sounds like your landlord may be engaging in unlawful practices. Here are some steps you can take:
1. Review your lease agreement and any other documents related to your tenancy. Even if the agreement is... View More
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answered on Jun 13, 2024
I'm sorry to hear about your situation. It sounds like a difficult and stressful experience. Based on the information you've provided, here are a few key points about your rights as a tenant in California:
1. Tenant protections: In California, tenants have certain legal... View More
Are there only specific Motions that May be presented via Oral Motion? Or is it more a situation that defines when why and how a Oral Motion May be presented to a Judge.I do not know if this has something or not anything to do with the Question I have requested a response to, but when I think of an... View More
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answered on Jun 13, 2024
In California, oral motions are permitted in certain circumstances, but there are also specific rules and limitations governing their use. The California Code of Civil Procedure (CCP) and the California Rules of Court provide guidance on when and how oral motions can be made.
1. Motions... View More
I refer to these objections as One Word objections because for the most part just one word is used to Object(Technically 2 words "Objection.....Argumentative").Is this part of Law and Rules that regulate this aspect within Evidentiary Law-Rule-Practice?Are there different Rules for this... View More
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answered on Jun 13, 2024
You raise several important points about objections in legal proceedings under California law. Let me address each of your questions:
1. One-word objections: You are correct that attorneys often use concise, one-word (or short-phrase) objections like "Hearsay,"... View More
Do I have legal right when it is in the best interest of my fathers assets and property to uphold make sure the property is not run into the ground.?
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answered on Jun 13, 2024
As the trustee and executor of your father's estate in California, you have a fiduciary duty to act in the best interest of the trust and its beneficiaries. This includes managing and protecting the trust assets, such as property, to ensure they are not mismanaged or devalued.
Your... View More
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answered on Jun 13, 2024
No, in California, a landlord cannot legally evict you in retaliation for exercising your legal rights, including filing a lawsuit against the landlord due to an injury caused by their negligence in maintaining the property. This is known as a "retaliatory eviction" and is prohibited... View More
My landlord is asking to remove my bike from a garage, I want to know if this is a legal reason or a apartment complex rule. It is a above ground garage with apartment units above it.
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answered on Jun 13, 2024
In California, there is no specific state law that prohibits storing items other than cars in apartment complex garages. However, landlords have the right to set reasonable rules and regulations for the use of the property, including garages, as long as these rules do not conflict with state or... View More
What can we do to stop this process of eviction
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answered on Jun 21, 2024
Based on the situation you've described, here are some steps you might consider taking:
1. Review your lease-purchase agreement: Carefully examine the terms of your agreement to understand your rights and obligations, especially regarding property maintenance and condemnation.... View More
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