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  1. M

    Never signed the lease...

    If you have not signed the lease it is questionable about the binding effect but I would argue that you agreed to the terms by living there for 4 months. It's probably irrelevant as the landlord is letting you off the hook. However, your roomate probably doesn't want to pay the entire month's...
  2. M

    Stubborn roommate won't leave

    The roomate situation, always problematic. The landlord will usually never want to remove anyone from a lease since that's another party whom the rent can be collected from in full and additional security against each and every tenant. Do you have an address for this person? You may want to...
  3. M

    verbal agreement to move in - binding?

    To begin, not all real estate contracts need to be written to be binding when it concerns rentals (provided they are not longer than one year, but let's not go there.) Second, what harm is this guy claiming? If you knew that your change of mind may cost him extra money, he could potentially sue...
  4. M

    Never received lease

    I'm confused. If you KNEW the terms after reading the lease, why did you sign it? Not getting a copy of the lease isn't a defense and wasn't the problem. The problem was that you signed it when you didn't have to, especially if you knew the terms were incorrect. What you need to do is find...
  5. M

    Illegal rental eviction

    I'm wondering why this wasn't investigated prior to purchasing the house and why your real estate attorney didn't run the usual checks. From my understanding: 1. If the lease is pursuant to an illegal rental you will not be able to use the courts to collect the rent. By law, you were not...
  6. M

    eviction...

    I found some steps to take on a california government web site: Information About Residential Eviction (Unlawful Detainer) Information for Landlords Unlawful detainer proceedings Landlords must follow all of California's state laws and any applicable local laws. They must take certain...
  7. M

    eviction...

    You should send them a written notice, certified return receipt to make sure as well. Then, depending upon the state, there is usally a notice required (3 day notice or something of the sort) that they are holding over. They have no right to stay. If they stay then you should begin eviction...
  8. M

    Breaking out of a lease because of Uninhabitable conditions

    You have an absolute right to a habitable premises under law. You are right on target. However, there does need a right to remedy. If this was a condition that lasted for a day it's difficult to say that you are able to break your lease and move. I read the article and I'm not sure that I...
  9. M

    Another security deposit question

    2. The statute of limitations did not expire in 9 months, regardless of whichever state you may be in. 1. They can claim to charge you bogus charges. You should probably dispute them in writing, send an answer via certified mail stating everything that you set forth here, including noting the...
  10. M

    Getting Sued by old landlords

    If your friend owes the money and is sued and loses, it is possible that the landlord can garnish money from wages should he eventually work. If he makes a deal to pay $100 a month, maybe the landlord will drop the suit -- but doubtful. Why should he take the bare promise to pay from someone who...
  11. M

    Family Member Eviction

    Mika, I hope your friend's mother is OK... Sure you can evict a family member from your home if the person, who is a tenant, isn't paying rent. However, what are the terms of their arrangement? Is there a lease? Without more facts, it is impossible to give any meaningful answer?
  12. M

    Shoplifting, Larceny, Robbery, Theft really need help.

    California Penal Code 529. Every person who falsely personates another in either his private or official capacity, and in such assumed character either: 1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or...
  13. M

    Shoplifting, Larceny, Robbery, Theft really need help.

    You aren't being charged with a stolen ID. You are being charged potentially with a fake ID. If you are being charged with a misdemeanor, what is it? It's difficult to say what it is that you are being charged with and the Criminal Penal Code can be found here...
  14. M

    Cameras in a CA residential care facility.

    I'm confused. Do you work from home and you are saying that your employers are trying to put cameras into your homes? What right do they have to enter your property?
  15. M

    Question on Verbal Agreements

    Most non-lawyers are of the impression that a verbal agreement is not an enforceable agreement unless in writing. With a few exceptions, this is the furthest thing from the truth. After all, the law wants to foster a system to enforce agreements that people make and rely upon. The difference...
  16. M

    Looking to get record cleared

    Much will do with regard to what kind of felonies. Unfortunately you have multiple felonies too. What state are you in? To begin, the seven year rule is with regard to bankruptcy and credit issues. In addition, some background checking services don't obtain data that is beyond the past 7...
  17. M

    Use of Property/Easement

    I'm not sure I understand everything that you are saying here. I'll assume that there is a common driveway which you have been using for a while and that your friends/tenants have been parking on for a while. See below the definitions for adverse possession and prescriptive easements, neither of...
  18. M

    question about a civil lawsuit

    I'm a little bit confused. If this is the same lawsuit and both of you caused damages but they were only able to sue you and you may have paid for part of the damages that were also caused by this other person, then your attorney should have tried to join this party in the lawsuit and then in...
  19. M

    car ownership/ co-ownership

    He should sue her for the value of half the car. He should write her a letter, return receipt, stating that she has refused to give him the car that he owns half of and she has missed payments resulting in damages. Unless she turns over the car to him along with the value of half the car (state...
  20. M

    Corporate Law Youth Sports Organization in Violation of Club Bylaws

    It is possible to sue under New York State non-profit corporate law http://assembly.state.ny.us/leg/?cl=76 . What is probably more effective is to go to the news, file complaints and send them certified return receipt to the NY State Attorney General and to the NY State Division of Corporations...
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