Title: July 13, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I have lived in Tehachapi for 27 years. People I barely know have spread hate gossip about me shortly after I moved here. I could not afford to move away so I installed a video security system on my property. On several occasions my system was vandalized. On one occasion, I even have one of the youth who committed the vandalism on camera. Despite knowing who the culprits are, law enforcement officials will not help me obtain reimbursement for the cameras I have had to buy over and over again. Having to replace my cameras has been a costly ordeal for me. I am disabled and elderly and having trouble with the financial burden as well as the harassment suffered at the hands of my neighbors. Do you have any suggestions as to what I can do?
A. The police cannot help you recorder money you have lost in replacing your cameras. The only way available to you is to sue the one fellow you know has vandalized your video security system. If he is a minor, then you would have to sue his parents. If the amount claimed is below $5,000, you can sue in small claims court, the fastest and most cost-efficient way. As for the harassment, you are being the victim of, you can file a civil temporary restraining order (TRO) against the neighbors who are committing the harassment. You have to be specific as to the conduct you claim is harassing to you. If the court sees it your way, you will obtain the TRO but if the conduct you are complaining of does not rise to the standard requirements for the court to issue the TRO, you are out of luck.
Q. I have a rental occupied by a tenant who is causing a lot of trouble and noise. The neighbors are constantly calling the police on him and complained to me that he is disturbing their peace. He pays his rent on time and has been there a long, so what should I do?
A. I realize you probably like to keep him as a tenant, but if your neighbors decide to sue for breach of the “covenant of quiet enjoyment and disturbing their peace”, they might add you as a defendant because you are keeping your tenant in possession of your rental, and you are aware of the problems he has caused. I hope you have a lease. Read the lease carefully, and if you have a cause that says” no illegal activities allowed”, I suggest you file an Unlawful Detainer action against on that ground.
Showing posts with label rental. Show all posts
Showing posts with label rental. Show all posts
Friday, February 27, 2009
Saturday, January 3, 2009
Legal Eaze #8 Landlord Privacy Intrusion/ Violent Son
Originally Printed: October 20, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I rent a guest house located in the back of my landlord’s residence. My landlord comes into my rent guest house whenever he feels like it to fix this or that. He makes up excuses to come in unannounced. He never gives me notice and I am very bothered by this intrusion on my privacy. Once, he came in while I was in the shower and lo and behold, when I came out of the shower naked, there he was in my little kitchenette, fixing my stove, which I did not know was “broken”. What can I do to stop this?
A. Civil Code Section 1954 regulates the time and circumstances under which a landlord may enter a residential rental unit. If an emergency exists, your landlord may enter without notice. Otherwise, he must give you a Notice to Enter your premises, which must specify the date, approximate time and purpose of the entry. The statute expressly states that a written notice is not necessary if the landlord and tenant orally agree to an entry to perform agreed-upon repairs or to supply agreed-upon services.. Any such oral agreement to enter must include the date and approximate time of the entry, which must be within one week of the oral agreement. Should the landlord violate the law, a tenant can sue and be awarded up to $2000 for each violation. However, I believe these intrusions by your landlord have a far more sinister purpose. You may need to seek a Restraining Order in addition to filing a lawsuit against him for invasion of privacy, among many other causes of action.
Q. I am an 89-year-old man suffering from heart disease and diabetes. My son lives in my house, is violent and has beaten me up on several occasions. He moved in with me several years ago to look after me. I am terrified of him and I can’t take too much more of his abuse. What can I do?
A. I would strongly suggest that you seek a Temporary Restraining Order (TRO) to get him out and away from your house. You can get immediate relief by filing a Request for Order, Description of Abuse, Temporary Restraining Order and Notice of Hearing with the closest court. You son must be served with these documents to give him notice of the hearing and give him a chance to be heard in court too. The can give you a TRO lasting up to three years.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I rent a guest house located in the back of my landlord’s residence. My landlord comes into my rent guest house whenever he feels like it to fix this or that. He makes up excuses to come in unannounced. He never gives me notice and I am very bothered by this intrusion on my privacy. Once, he came in while I was in the shower and lo and behold, when I came out of the shower naked, there he was in my little kitchenette, fixing my stove, which I did not know was “broken”. What can I do to stop this?
A. Civil Code Section 1954 regulates the time and circumstances under which a landlord may enter a residential rental unit. If an emergency exists, your landlord may enter without notice. Otherwise, he must give you a Notice to Enter your premises, which must specify the date, approximate time and purpose of the entry. The statute expressly states that a written notice is not necessary if the landlord and tenant orally agree to an entry to perform agreed-upon repairs or to supply agreed-upon services.. Any such oral agreement to enter must include the date and approximate time of the entry, which must be within one week of the oral agreement. Should the landlord violate the law, a tenant can sue and be awarded up to $2000 for each violation. However, I believe these intrusions by your landlord have a far more sinister purpose. You may need to seek a Restraining Order in addition to filing a lawsuit against him for invasion of privacy, among many other causes of action.
Q. I am an 89-year-old man suffering from heart disease and diabetes. My son lives in my house, is violent and has beaten me up on several occasions. He moved in with me several years ago to look after me. I am terrified of him and I can’t take too much more of his abuse. What can I do?
A. I would strongly suggest that you seek a Temporary Restraining Order (TRO) to get him out and away from your house. You can get immediate relief by filing a Request for Order, Description of Abuse, Temporary Restraining Order and Notice of Hearing with the closest court. You son must be served with these documents to give him notice of the hearing and give him a chance to be heard in court too. The can give you a TRO lasting up to three years.
Forward questions to maxinedev@msn.com , drop questions at the Tehachapi News, located at 411 N. Mill St., or send them to POB 1840, Tehachapi, CA 93581
Wednesday, December 31, 2008
Legal Eaze #2 Caretakers/Security Deposit
Originally Printed: July 7, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My husband and I are grandparents to a wonderful your boy, age 5. Unfortunately my son, the boy’s father, is in prison and the boy’s mother is a drug addict, in and out of detoxification clinics. We have been the sole caretakers of our grandson for the last two years and we need make this arrangement “official”. What is the best way to proceed?
A. You need to file an Application for “Guardianship” with the Superior Court (of his person and his estate, if any). The court needs to sanction your becoming the child’s guardians in order to allow you to make vital decisions about the child’s welfare. An investigation will be ordered and conducted by a professional appointed by the court to ensure the child is in good hands. Once the investigation is finalized and a report provided to the court, and you have satisfied the court’s need to ensure the child’s safety and best interest, you will become the child’s guardians, and you will step “into the shoes” of his parents.
Q. When I rented the house I lived in for the past eight years, I gave a $500 security deposit to the landlord. I got married last month and I moved out of the house. The landlord refused to return my deposit. What should I do in order to get that money back?
A. A security deposit is a landlord’s best guarantee against risks of rent non-payment and damages to the premises. Unless you failed to pay your rent, and/or caused damage to the house, a security deposit must be refunded. The landlord is also entitled to deduct from the deposit any cleaning costs upon termination of your tenancy. Within three weeks of the tenancy termination, the landlord must do the following: 1) Provide you with a written security deposit accounting, i.e. account for all expenses deducted from the deposit, and 2) Refund the balance. If the landlord has not provided you with an accounting within three weeks of the date you moved out, he/she must return the entire security deposit. I suggest you sue the landlord for the return of your deposit in Small Claims Court, which is the least expensive way to proceed. You can add the suit cost to your damages.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. My husband and I are grandparents to a wonderful your boy, age 5. Unfortunately my son, the boy’s father, is in prison and the boy’s mother is a drug addict, in and out of detoxification clinics. We have been the sole caretakers of our grandson for the last two years and we need make this arrangement “official”. What is the best way to proceed?
A. You need to file an Application for “Guardianship” with the Superior Court (of his person and his estate, if any). The court needs to sanction your becoming the child’s guardians in order to allow you to make vital decisions about the child’s welfare. An investigation will be ordered and conducted by a professional appointed by the court to ensure the child is in good hands. Once the investigation is finalized and a report provided to the court, and you have satisfied the court’s need to ensure the child’s safety and best interest, you will become the child’s guardians, and you will step “into the shoes” of his parents.
Q. When I rented the house I lived in for the past eight years, I gave a $500 security deposit to the landlord. I got married last month and I moved out of the house. The landlord refused to return my deposit. What should I do in order to get that money back?
A. A security deposit is a landlord’s best guarantee against risks of rent non-payment and damages to the premises. Unless you failed to pay your rent, and/or caused damage to the house, a security deposit must be refunded. The landlord is also entitled to deduct from the deposit any cleaning costs upon termination of your tenancy. Within three weeks of the tenancy termination, the landlord must do the following: 1) Provide you with a written security deposit accounting, i.e. account for all expenses deducted from the deposit, and 2) Refund the balance. If the landlord has not provided you with an accounting within three weeks of the date you moved out, he/she must return the entire security deposit. I suggest you sue the landlord for the return of your deposit in Small Claims Court, which is the least expensive way to proceed. You can add the suit cost to your damages.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Legal Ease #1 Unemployment/Child Support/Identity Theft
Originally Printed: June 23, 2004
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I am unemployed and cannot pay my rent. My landlord wants to kick me out of my apartment. What can I do?
A. Unfortunately, there is little you can do other than to find another job as quickly as possible. You may attempt to pacify your landlord by asking for his/her patience while you are seeking employment or get a loan from family or friends to pay for your rent. If you are served with a “Three-Day Notice to Vacate”, disregard the notice and wait until your landlord files an unlawful detainer action against you to get you out. But, you may be faced with a judgment for rent and damages, which may include attorney’s fees, not to mention the fact that your credit report will reflect this judgment..
Q. I have been paying child support to my ex-wife for several years. The child support award was based on my previous income. I only earn half of what I used to earn because I was injured and cannot work the same job anymore. How can I lower my child support?
A. A Motion to the Court to modify your child support amount must be made as soon as your circumstances change, otherwise you will be charged for arrearages in child support, in addition to interest at 10 percent per year on the arrearages. Judges are powerless in showing compassion in their orders and must follow the law. The modification will be retroactive to the date the motion was filed with the court. Time is of essence, and this motion must be made quickly.
Q. I have been victimized by identity theft and I don’t know how to stop a creditor from collecting on a debt that I did not incur. What can I do?
A. The first thing you must do is to write to the creditor and let him know that you dispute the debt. This letter should be sent via certified or registered mail. Then you must write to the three credit agencies, Equifax, Experian and Trans-Union and inform them of the dispute with the creditor. Lastly, but not the least, file a complaint with the police department of your community and make an ID Theft Complaint to the Federal Trade Commission (www.consumer.gov) The FTC maintains a database of identity theft cases used by law enforcement agencies. Filing a complaint also helps such agencies learn more about identity theft and the problems victims are having.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.
Q. I am unemployed and cannot pay my rent. My landlord wants to kick me out of my apartment. What can I do?
A. Unfortunately, there is little you can do other than to find another job as quickly as possible. You may attempt to pacify your landlord by asking for his/her patience while you are seeking employment or get a loan from family or friends to pay for your rent. If you are served with a “Three-Day Notice to Vacate”, disregard the notice and wait until your landlord files an unlawful detainer action against you to get you out. But, you may be faced with a judgment for rent and damages, which may include attorney’s fees, not to mention the fact that your credit report will reflect this judgment..
Q. I have been paying child support to my ex-wife for several years. The child support award was based on my previous income. I only earn half of what I used to earn because I was injured and cannot work the same job anymore. How can I lower my child support?
A. A Motion to the Court to modify your child support amount must be made as soon as your circumstances change, otherwise you will be charged for arrearages in child support, in addition to interest at 10 percent per year on the arrearages. Judges are powerless in showing compassion in their orders and must follow the law. The modification will be retroactive to the date the motion was filed with the court. Time is of essence, and this motion must be made quickly.
Q. I have been victimized by identity theft and I don’t know how to stop a creditor from collecting on a debt that I did not incur. What can I do?
A. The first thing you must do is to write to the creditor and let him know that you dispute the debt. This letter should be sent via certified or registered mail. Then you must write to the three credit agencies, Equifax, Experian and Trans-Union and inform them of the dispute with the creditor. Lastly, but not the least, file a complaint with the police department of your community and make an ID Theft Complaint to the Federal Trade Commission (www.consumer.gov) The FTC maintains a database of identity theft cases used by law enforcement agencies. Filing a complaint also helps such agencies learn more about identity theft and the problems victims are having.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581
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