Title: December 6, 2006
Q. Can you please give me the definition of an apartment and the building where it is located “fit for human living”?
A. Under California law, that typically includes:
1. Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
2. Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
3. Gas facilities in good working order.
4. Heating facilities in good working order.
5. An electric system, including lighting, wiring and equipment, in good working order.
6. Clean and sanitary buildings, grounds, and appurtenances (for example a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents and vermin.
7. Adequate trash receptacles in good repair.
8. Floors, stairways, and railings in good repair.
In addition to these requirements, each rental unit must have all of the following: a working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room that is ventilated and allows privacy. The kitchen must have a sink. There must be natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation. Safe fire or emergency exits leading to a street or hallway. Stairs, hallways and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials. Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows. Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.
Q. Can a creditor levy your checking accounts and how much notice do they have to give you?
A. The first notice you may get is from the bank stating that your entire account is frozen, and unless you can get to the bank immediately or fast enough, the bank will release the money in the account to the creditor. The creditor cannot garnish 25% of your wages and levy against the full amount of your bank account at the same time. You must object if that happens. You may be able to get the Sheriff to cancel the levy without a court order. Any bank accounts the creditor knows about are at risk.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Showing posts with label apartment. Show all posts
Showing posts with label apartment. Show all posts
Monday, March 23, 2009
Legal Eaze #50 Disturbing Tenant/Weird Laws
Title: July 19, 2006
Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I am a tenant in an apartment building where I was assaulted by another tenant. I made a complaint to the police. I did not know this guy but when I talked to the landlord about him, he informed me that this guy gets drunk then goes around threatening everybody. He apparently got into a fight with another tenant who obtained a restraining order against him, so the landlord moved him to another apartment about 4 to 5 doors down from me. Now he yells at me or my wife as he goes by our place or just sits in front of our place for hours yelling at the world. Can I sue the landlord for keeping this guy around and can I get punitive damages?
A. You are owed quiet enjoyment of your apartment by the landlord. If the landlord knows this man is harassing other tenants, it is his duty to evict him. Punitive damages may or may not be awarded by a court depending on how malicious and/or despicable the landlord’s conduct is with regards to all of his tenants. Punitive damages are not always easy to be awarded and are always contingent upon the conduct of the defendant. I truly believe that this man may be an escaped mental patient and should be returned to the mental ward. Have you thought of obtaining your very own restraining order against this crazy man?
Weird laws in California:
1. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
2. Bathhouses are against the law.
3. It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
4. Women may not drive in a house coat.
In New York:
1. A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking “at a woman in that way”. A second conviction for a crime of this magnitude calls the violating male to be forced to wear a “pair of horse-blinders” wherever and whenever he goes outside for stroll.
2. It is against the law to throw a ball at someone’s head for fun.
3. A license must be purchased before hanging clothes on a clothesline.
4. The penalty for jumping off a building is death.
In Florida:
1. Women may be fined for falling asleep under a hair dryer, as can the salon owner.
2. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine and/or jailing.
3. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle.
4. It is illegal to sing in a public place while attired in a swimsuit.
5. Men may not be seen publicly in any kind of strapless gown.
6. Having sexual relations with a porcupine is illegal.
7. It is illegal to skateboard without a license.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Legal Eaze #49 Apartment Property Damage/Informal Custody
Title: June 28, 2006
Q. I live in an apartment and my car was parked in front of the apartment building. The property management hired a weedwacking service and as the man was using his weedwacker, a rock flew up and hit my windshield, breaking it. I had just parked my car and was walking away from it when it happened. I saw the rock hit my windshield. What can I do?
A. Ask your property management to give you the name of the company that was taking care of the weedwacking. They should be insured for this type of damage. If they are not, then your property management should give information about the building’s property insurance for any damage that occurs on the grounds of the apartment building. You then make a claim with the insurance company. You obviously are going to need at least a couple of estimates on the repair.
Q.My husband and I are grandparents to two wonderful boys whom we have had in our care for approximately ten years. We never petitioned the court for their guardianship. My son, their father, who was awarded custody of his two boys, left them with us. Obviously, this is just an informal arrangement. But we are very attached to these boys and treat them like our own children. It is possible that their father could decide to pick them up some day and take them away from us?
A. Yes, it is possible, since you did not formalize your relationship with these boys through the court. However, if the boys are happy with you, doing well in school and their lives are stable, you could certainly dispute their father’s sudden interest in the children, especially if the boys have been in your care for 10 years. The court is most favorable to keeping the status quo, and if these children have been well taken care of for 10 years, it is very likely that you would be awarded permanent guardianship. You need to realize that you might have to fight your son for custody of the children in court and it might be a costly endeavor, but the best interest of the children is what is most important here, and the court will hopefully realize that you have the best of the children at heart.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Q. I live in an apartment and my car was parked in front of the apartment building. The property management hired a weedwacking service and as the man was using his weedwacker, a rock flew up and hit my windshield, breaking it. I had just parked my car and was walking away from it when it happened. I saw the rock hit my windshield. What can I do?
A. Ask your property management to give you the name of the company that was taking care of the weedwacking. They should be insured for this type of damage. If they are not, then your property management should give information about the building’s property insurance for any damage that occurs on the grounds of the apartment building. You then make a claim with the insurance company. You obviously are going to need at least a couple of estimates on the repair.
Q.My husband and I are grandparents to two wonderful boys whom we have had in our care for approximately ten years. We never petitioned the court for their guardianship. My son, their father, who was awarded custody of his two boys, left them with us. Obviously, this is just an informal arrangement. But we are very attached to these boys and treat them like our own children. It is possible that their father could decide to pick them up some day and take them away from us?
A. Yes, it is possible, since you did not formalize your relationship with these boys through the court. However, if the boys are happy with you, doing well in school and their lives are stable, you could certainly dispute their father’s sudden interest in the children, especially if the boys have been in your care for 10 years. The court is most favorable to keeping the status quo, and if these children have been well taken care of for 10 years, it is very likely that you would be awarded permanent guardianship. You need to realize that you might have to fight your son for custody of the children in court and it might be a costly endeavor, but the best interest of the children is what is most important here, and the court will hopefully realize that you have the best of the children at heart.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880
Legal Eaze #46 Unlawful Detainer/ Apartment Lease Agreement
Title: May 10, 2006
Q. How long does an unlawful detainer lawsuit take once it has been filed?
A. Once the case has been filed, the entire process from start to finish could take anywhere from 30 to 45 days, depending on whether the tenant files an answer to the Unlawful Detainer Complaint. An answer is due within 5 days from the time the complaint is served on the tenant. If the attorney representing the landlord is on top of everything, a Memorandum to set the case for trial is filed with the court immediately after the answer is received and the court will set the case for trial usually within two to three weeks. Once the case is tried, a judgment will be rendered by the court. If the tenant loses the case, he or she will have a short period of time within which to move out, usually one week. If the tenant does not move out in time, the sheriff will post a notice to move out within one week. If the tenant is still not out one week later, the sheriff will escort the tenant out, giving back possession of the unit the landlord. Unlawful detainer actions have priority because of the urgency of the landlord to get back the unit occupied by the tenant. Every day the tenant is in possession costs the landlord money.
Q. Can I be evicted for having another family member reside in my apartment when the manager is aware of the additional person?
A It depends on your lease agreement. If the lease agreement does not mention how many people are to live in the premises, then it does not matter how many people live there. If the lease agreement specifies how many persons are to reside on the premises, but it is not enforced, just make sure that you obey all rules and regulations and the additional person might not be a bother to the landlord. Although the manager is aware of the additional person, if this person does not cause any problems or conflicts, an eviction should not be feared. However, if the present manager is removed and another manager takes his place, then beware. The safe thing to do is to get formal permission from the landlord to have that additional family member living on your premises. The lease could be reformed, or that family member could simply be added to the existing lease.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Q. How long does an unlawful detainer lawsuit take once it has been filed?
A. Once the case has been filed, the entire process from start to finish could take anywhere from 30 to 45 days, depending on whether the tenant files an answer to the Unlawful Detainer Complaint. An answer is due within 5 days from the time the complaint is served on the tenant. If the attorney representing the landlord is on top of everything, a Memorandum to set the case for trial is filed with the court immediately after the answer is received and the court will set the case for trial usually within two to three weeks. Once the case is tried, a judgment will be rendered by the court. If the tenant loses the case, he or she will have a short period of time within which to move out, usually one week. If the tenant does not move out in time, the sheriff will post a notice to move out within one week. If the tenant is still not out one week later, the sheriff will escort the tenant out, giving back possession of the unit the landlord. Unlawful detainer actions have priority because of the urgency of the landlord to get back the unit occupied by the tenant. Every day the tenant is in possession costs the landlord money.
Q. Can I be evicted for having another family member reside in my apartment when the manager is aware of the additional person?
A It depends on your lease agreement. If the lease agreement does not mention how many people are to live in the premises, then it does not matter how many people live there. If the lease agreement specifies how many persons are to reside on the premises, but it is not enforced, just make sure that you obey all rules and regulations and the additional person might not be a bother to the landlord. Although the manager is aware of the additional person, if this person does not cause any problems or conflicts, an eviction should not be feared. However, if the present manager is removed and another manager takes his place, then beware. The safe thing to do is to get formal permission from the landlord to have that additional family member living on your premises. The lease could be reformed, or that family member could simply be added to the existing lease.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
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