California Landlord And Tenant Legal Questions

Is there a provision in the lease, as in most, that the rent is due the first but not late until the 5th? She should contact the prior owner and get something in writing that he had agreed she could pay on the 5th because that was when the Social Security payments came in; point out that that is not a subsequent oral agreement that modifies the written lease so barred by the parole evidence rule as the prior landlord accepted the change by his actions. The new owner is subject to the terms of the prior lease unless they give proper notice [30 days] to the tenant that there are new terms. A tenant must made a clear offer to pay and if the landlord refuses to accept, the actual payment of rent is not required [otherwise, a landlord could just return any tenants check for the rent and say the tenant is late]. When you say the rent is stabilized, do you mean by contract with Section 8 or a local rent control law. If the latter, you have to find out what the provisions are for evicting a tenant, as many cities forbid eviction just to be able to raise the rent. A three day notice must be personally served on you, or if you are not there when they try to serve you, the notice must be posted on the door or other visible area and a copy mailed to you.The problem with arguing that is that it becomes the server's word against your word and the judge has to decide whom to believe. Communicate to the owner all of your arguments and information, but if there is no local rent control law, he will just try to start the process over again and give a 60 day notice of termination of the lease.... Read Answer

Write the attorney for the party who served you, copy to your co-worker, and tell them what you told the process server, namely that the co-worker would be out of town for a week, you are not authorized to accept service of process for anyone, it is not reasonable to expect that you would transmit the papers to the co-worker. ?Add what the process server told you and that you are upset he would make such false statements to you. Unless you are the secretary for the company, serving you is not reasonable substituted service and you have no responsibility to be involved.... Read Answer

An owner of the property can not be evicted by another owners. Basically, you own the whole pie, but when it comes time to eat/distribute the sales proceeds, you get only the percentage you own. No can one owner charge the other rent. But until the property is probated and title is switched from your father's estate to all the sisters, you are not on title.... Read Answer

You can not remove an eviction from the civil records of which parties were sued. Although you do not say, I assume you live there with your father so you would be served with a notice to leave. If the property is in a Trust, then the Wills are basically irrelevant. Get a copy of all the Trust documents and see what it says as to your living there.... Read Answer

To avoid a defamation suit by them, be very careful in alleging they robbed you [say something like "I have been told that you were responsible for X"]. You can give them a three day notice to cure their action [violation of the law, breach of the lease] and then sue for unlawful detainer. You probably should also give them a 60 day notice that the lease will not be renewed. If you have solid proof they converted your property, tell the police.... Read Answer

Give him a 60 day notice that you are ending his usage of the property. If any of the items are illegal, you can give a three day notice for that. Tell him that you are going to start charging rent and if it does not pick everything up within 60 days you will sell what has value and dispose of the rest, giving him what you could sell the items for less all of your costs to remove all the items.... Read Answer

You can contact your local county bar association, see if there is a local group of small businessmen who might have referrals, call attorneys listed as doing small business work. First contact your former landlord and see what they are willing to do to help you. You do not mention what the violation is for and why you need to get it removed.... Read Answer

Give them the information as otherwise the attorney may file a lawsuit against you. Contact your insurance and tell them in detail what occurred. They have to show negligence on your part. If they had made a demand on you to fix something and you did not act within a reasonable period of time, they may have had a legal right to try to make the repair.... Read Answer