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One of the two defendant filed answer for the first eviction I filed. Is defendant required to file answer for amended complaint, if so, how many
days does defendant have to file answer?
Also, do I have to wait for both defendants named on the eviction to answer before requesting... View More 
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answered on Jul 26, 2024
In San Bernardino County, under California law, a defendant generally has 30 days to respond to an amended complaint. This timeline is the same as for the original complaint unless the court orders otherwise.
If a defendant has already answered the initial complaint, they are required to... View More
I have lived in my apartment for 7 months and i have signed 2 leases during that time (my lease is for 12months). The second time i sign lease it was due to the property being sold to a new owner, which it was sold again to a new owner (who i have no information about). Since my complex was sold 3x... View More
answered on Jul 26, 2024
No, you are not required to sign a new lease.
If the new owner purchased the complex with prior knowledge of your lease, the new owner can simply step into the shoes of the old owner as your landlord under the terms and conditions of your current lease.
The new owner may ask you to... View More
I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner about it for last month and now I am told I have to leave by September 30.
answered on Jul 26, 2024
In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional... View More
My vehicle was towed at 1:11 PM, I arrived home from work at 12:25 PM July 3, 2024. I parked in my assigned parking. Management is aware of my vehicle's information in the rental portal which was provided the day I moved in. The tow company along with management did not call or knock on my... View More
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answered on Jul 26, 2024
Under California law, a tow company or apartment management can tow your vehicle from an assigned parking space, but specific conditions must be met. Generally, they need to provide proper notice and have a valid reason for the tow. If your vehicle information was provided and you were parked in... View More
My landlord was informed immediately of the water issue. And took over two weeks to install new water heater, after which kept saying he needed to "adjust the temperature" until mine was hot. Each "adjustment" took days. After the hot water heater was replaced, it cause my... View More
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answered on Jul 26, 2024
Under California law, if a rental unit is uninhabitable due to the landlord’s failure to provide essential services such as hot water, you may not be responsible for paying rent for the period the unit was uninhabitable. Given your situation, with no hot water for 22 days in June and ongoing... View More
A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More
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answered on Jul 26, 2024
To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More
I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More
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answered on Jul 26, 2024
Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More
I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner and now I am told I have to leave by September 30.
answered on Jul 26, 2024
If you have been served a notice of termination within one year of lodging a complaint with your landlord, yes, you have a potential retaliatory eviction defense under New York law. This will be a question of proof, documents, and evidence. If you can prove your case in Court, you may be able to... View More
Since I don't pay rent can the landlord just throw me out? What are my rights s a person providing assistance (everyday ADLs for disabled elderly woman, maintaining entire homes cleanliness, and preparing/cooking all meals etc) in exchange for no monthly rent?
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answered on Jul 25, 2024
Under California law, even if you do not pay rent, you have certain rights as a tenant due to the verbal agreement and the services you provide in exchange for housing. This arrangement can be considered a form of tenancy, which means the landlord cannot simply throw you out without following... View More
The master tenant is moving out at the end of the month. However, her mother (not on the original rental agreement) is now living in the rental, has no income, and no place to go. I am ok with her staying a couple months until she can find a living situation, but should I write up a formal... View More
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answered on Jul 25, 2024
Under California law, it is advisable to create a written agreement if you allow someone to stay in your rental property who was not on the original lease. This helps protect your interests and clearly defines the terms of the temporary arrangement. Without a written agreement, you risk potential... View More
Tenants gave his 30 days notices on June 2nd verbally, then written on the 3rd @ 10am. He waited till July 1st to move his things and left the carpet w/ mold & rust on it. Destroyed my curtain he wanted to keep in there and broke my bed he asked to use so he didn't have to get his bed from... View More
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answered on Jul 25, 2024
Under California law, a landlord has the right to retain a portion or all of a security deposit to cover the cost of damages caused by a tenant beyond normal wear and tear. If the tenant left mold, rust, a broken bed, and damaged curtains, these are considered damages that go beyond what is... View More
False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More
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answered on Jul 24, 2024
I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More
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answered on Jul 24, 2024
As a property owner in California, you cannot demand service dog registration papers from potential renters. According to the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), you are required to make reasonable accommodations for individuals with disabilities, which includes... View More
unsealed windows , and landlord knew these conditions existed prior to lease. can i seek punitive damages. paid 6 months rent in advance and suffered thru snow and freeze in winter.
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answered on Jul 24, 2024
Yes, you can potentially sue your landlord for the issues you've described. In California, landlords are required to provide habitable living conditions, which include proper insulation, heating, and sealed windows. The problems you've mentioned—missing insulation, unsealed windows, and... View More
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answered on Jul 24, 2024
Under California law, landlords are not legally required to provide storage for tenants unless it's specified in the rental agreement. If your lease includes provisions for storage, the landlord must honor that agreement and maintain the storage space as described.
If there is no... View More
I live in a very unique situation where three roommates have been on a lease for 3 years now. The original lease stated we must cover the rent if a roommate leaves and recently we were able to update this term with the landlord. Our lease expires on Oct 1 2024 and the landlord told me today that... View More
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answered on Jul 23, 2024
Under California law, a landlord is not obligated to renew a lease once it expires. When a lease term ends, the landlord has the right to decide whether or not to renew it, and they can choose not to renew for various reasons, including the fact that other roommates are moving out.... View More
In the final settlement letter received after 21 days they say I owe an additional 1245 dollars. They have charged me for repainting, deep clean, carpet shampoo, etc so many cleaning related charges. I have stayed there just for a year and the condition I left apartment was fairly decent.Also my... View More
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answered on Jul 23, 2024
Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court... View More
I have diabetes, a high-risk pregnancy, & on state disability for major depression. My doctor advised against staying alone due to dangerous blood sugar levels. Since then, my boyfriend cares from 10 PM to 5 AM, three to six times a week. He doesn’t shower, have a key, or keep belongings... View More
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answered on Jul 23, 2024
Yes, you can request reasonable accommodations under the Fair Housing Act (FHA) for a caregiver to assist with your medical conditions without them officially moving in. The FHA requires landlords to make reasonable accommodations in rules, policies, practices, or services when such accommodations... View More
Team. I'm on SSDI and need relocation money what do l do ?
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answered on Jul 23, 2024
If you're facing foreclosure and need relocation money, there are a few steps you can take under California law. First, check if you are eligible for any state or federal assistance programs that provide financial aid for relocation. California offers several resources for low-income... View More
My roommates and I signed a lease for an apartment in Brooklyn. According to the lease, the agreement commenced on July 15, 2024, and our lease terminates on July 31, 2025. My roommates and I have already paid the security deposit and for first month's rent, which is roughly around ~$3,700... View More
answered on Jul 23, 2024
From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those... View More
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