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#51
12/07/2007, 11:47 AM
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Small world... when I did a search for eviction law on Yahoo the #1 result is a guy just 2 doors down from my shop.
 Every once in a while they have not nice stuff painted on their walls and doors and about 3 years ago the AC guy found a molotov cocktail on the roof that went out before it broke on the roof. Glad I don't share any walls or roof with that guy for sure. SteveU
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AKA, Riff |
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#52
12/07/2007, 12:04 PM
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#53
12/07/2007, 12:34 PM
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Not sure which is worse, these threads stuck in my crop or the popcorn skin stuck in my teeth.
SteveU
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AKA, Riff |
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#54
12/07/2007, 12:44 PM
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When he is gone put all his crap in the driveway. Who cares about unlawful eviction. It sounds like this turd wouldn't put one ounce of effort to suing you. He is just looking to get a free ride as long as he can. Cut the umbilical cord and tell him to have a good day....
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#55
12/07/2007, 12:49 PM
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Definitely popcorn skins but I’d take that over an urchin spin in the finger any day. You should have seen the look on my customers faces when I screamed What the heck was that!!! I tried picking up a ball of cheato not knowing a long spine urchin was living in it. Blood and saltwater were everywhere!!! Live and learn, pay attention to what you’re picking up and not at a pretty girl.
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#56
12/07/2007, 12:57 PM
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Quote:
If he does that the squatter might take some advice given in this thread and click on one of those free legal aid links. SteveU
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AKA, Riff |
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#57
12/07/2007, 05:04 PM
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This is actually a great example of why property managers are not qualified to give legal advice. And yes, you are attempting to give legal advice. The fact that you're not a lawyer only means that it's unlawful to do so, not that it somehow transforms that advice into non-lawyer opinion. Putting aside the fact that websites written for consumers (like the Dept of Consumer Affairs website) is not legal authority, is not binding, and not citable in any court, this example really highlights my point about why property managers are unqualified to give legal advice about tenancies. The notice provisions you're reviewing on the Dept of Consumer Affairs website have to do with the termination of the tenancy before any court gets involved. It's not a legal action. Before the Code of Civil Procedure was written, notice requirements by landlords were developed in case law, and later codified in the CCP (and other codes). California is often compared to a civil law state (like Louisiana) because if the extensive codification of common law. Most property owners now include the notice provisions in written leases so the Code is never implicated. But for those owners who do not, the Code sets forth the notice requirements which must be given to tenants. All of this occurs before the filing of any legal action, whether it be an unlawful detainer, breach of contract or other kind of claim. It's perfectly appropriate for property managers to deliver this kind of notice whether it be pursuant to the lease, or if the lease is silent, pursuant to the code. This is similar to a nonjudicial foreclosure where the lender must give certain notices, which are often specified in the deed of trust or mortgage, but in any event, must comply with California's Codes. There also are similar notices which must be given even in a judicial foreclosure before the action is filed.
None of this, however, has anything to do with the kind of legal advice you are purporting to give the tenant who started this thread with respect to contractual and extracontractual rights and remedies. Indeed, the fact you cannot distinguish between pre-litigation notices and substantive legal action confirms that you lack a basic understanding of landlord-tenant law. But that's okay, you're a property manager, you're not supposed to know anything about the law. And as "stevenohh" correctly points out, he has a lawyer on retainer to give legal advice when needed and he adds that this person is a specialist on eviction law. Exactly! I think this is really more of a fundamental problem in our society that people are not happy with the choices they have made and look for opportunities to share their experiences even when they may not fully understand why their quasi-legal experiences came to be (e.g., why the notice exists, why the Code prohibits service of legal documents by parties, what legal requirements exist when the contract is silent, etc., etc.). Police officers have these same issues where they have a lot of exposure to legal matters, but are not trained, qualified and should not be expected to know when Miranda applies, when a search and seizure is lawful without a warrant, etc. A final point for gtrestoration: lawyers who spend money on advertising, have a lot of visibility on the web, etc. are generally not getting a lot of business from the quality of their work and referrals. Quality lawyers are much like doctors in that way, hard to know if you have a good one until you see them in practice. And the good ones don't spend a dime on advertising.
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hmm, there are admissions that this is a public forum..... |
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#58
12/07/2007, 05:17 PM
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I forgot to respond to "steveohh"'s comment that "Neither Gina nor myself (the two people that work in Property Management) gave him any bad advice. We merely told him what he can't do & how the whole lease & sub lease system works." You're not qualified to give any advice on leasing or subleasing, unless the advice relates to accepting applications, making new keys, looking at carpeting for stains, or other matters within your knowledge and experience. The advice you gave was wrong, incomplete and misleading. You wouldn't even know if someone else gave bad advice (or if you're advice was incorrect) because you're not qualified to do so.
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hmm, there are admissions that this is a public forum..... |
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#59
12/07/2007, 05:54 PM
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This thread needs to be tossed right next to the slow cooker cause it's a crock.
SteveU
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AKA, Riff |
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#60
12/07/2007, 06:05 PM
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I was right with you up until this point ...
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Of course, that's only the opinion of someone who's grown to hate lawyers (even though I've never been on the losing side of a case) due to far too much experience with them. |
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#61
12/07/2007, 06:16 PM
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SteveU
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AKA, Riff |
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#66
12/07/2007, 07:40 PM
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 On second thought, maybe he's right..............So pay him a $1500 retainer fee, let him do a few hours work for you at some God-forbidden rate & after spending about 5k, you'll be in the same situation you are now..................a roommate who refuses to leave....... 
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#67
12/07/2007, 08:35 PM
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A few thoughts:
1) I think you 2 ought to start a support group: PMWLSE (Property Managers With Low Self Esteem)* 2) I don't know any lawyers who would accept a $1500 retainer (myself included) 3) The reason why I referred the OP to free legal service providers was precisely because lawyers cost a lot, and his circumstances did not warrant hiring one. 4) There's actually several remedies available to the OP, but because you 2 can't think beyond your 3 day notices, you assume the legal advice would leave him stuck with his roommate. *Can't wait to see what lawyer acronyms you 2 can come up with.
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hmm, there are admissions that this is a public forum..... |
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#68
12/07/2007, 08:47 PM
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OK!! We'll start our own chapter. THEN, you can start the Wanna-Be-Lawyer-Who-Sponges-Off-His-Wife-&-Lived-With-His-In-Laws-Forever-Yet-Claims-To-Be-A-Millionare-Club..OK?? Let me know when you need me to draw up the rental lease for your weekly meetings.I'll send you my rates later. XOXO |
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#69
12/07/2007, 08:54 PM
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I knew you would come up with a good one! Let me suggest a few topics for your first meeting:
1) Grappling With Internet Message Boards That Upset You 2) Finding Friends On Internet Message Boards Who Can Support You When You Get Upset 3) How To Repeat Jokes On Internet Message Boards, But Make Them Seem New And Funny All Over Again
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hmm, there are admissions that this is a public forum..... |
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#70
12/07/2007, 09:03 PM
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How absolutely fantastical of you!!
Since I'm feeling overwhelmed by your Hannukah spirit, I'll share my topic suggestions for your first meeting: 1. How to make an office out of your In-Laws attic when you can't afford real office space. 2. Websites to visit because your "firm" has no clientele and you need to pretend you're busy. 3.Lawyers who settle for Ugly so they can hit the Mother-Payload & how to deal with the life you've settled for. Now,I must get back to lighting the Menorah. Have a blessed night,Counselor. |
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#72
12/07/2007, 09:10 PM
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HAHA you're going crazy
And let's not forget I've met you in person. I'm not sure there's any woman you're qualified to call ugly.
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hmm, there are admissions that this is a public forum..... |
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#73
12/07/2007, 09:14 PM
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Try again. |
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#74
12/07/2007, 09:28 PM
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You're vain? HAHAH I'm constraining myself not to describe you, but suffice to say vanity generally does not produce your results. Since we're among fish friends, let's just say I'm not sure what's bigger, you or my 210...and did you get a familiar feeling when the guy posted the pics of the peacock bass? HAHAHAH
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hmm, there are admissions that this is a public forum..... |
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#75
12/07/2007, 09:35 PM
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Out of some respect for your wife,let it suffice to say that the only thing greater than her stupidity for marrying you,is her homeliness.
Weight,I can lose..Ugly is forever.By the way,so is everything you were stupid enough to disclose to others about your intended marriage. For someone with an education you sure are stupid. As for yourself, there are just really no words. Except that your lack of ethics with relation to your wife should be self-explanatory as to the type of individual you are. ps: I hope she doesn't surf RC..for your sake. |
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