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- The most comprehensive, efficient eviction defense resource ever published. Covers both substantive and procedural law. Termination notices; security deposits Evictions after foreclosure: state & federal law Grounds for eviction and defenses Negotiating strategies; pretrial defense motions Warranty of habitability defense Eviction-controlled jurisdictions Commercial tenancies and government.
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Dec 04, 2015Keith rated it really liked it · review of another edition Shelves: z-library, jurisprudence, america, zl-witkin
An absolutely indispensable guide to California tenancy law, though as it is written for lawyers it may require familiarity with 'legalese' to fully comprehend. Updated annually. Please stop stealing pages, though: that's what photocopiers are for. I took notes; you can take notes.
Useful sections (to me):
Volume 1
1. Overview of Unlawful Detainer Law
5. Grounds for Eviction
14. Answering and Alleging Affirmative Defenses (esp. 14.24–34)
16. Affirmative Defenses—Retaliatory Evictions
17. Special Cons...more
Useful sections (to me):
Volume 1
1. Overview of Unlawful Detainer Law
5. Grounds for Eviction
14. Answering and Alleging Affirmative Defenses (esp. 14.24–34)
16. Affirmative Defenses—Retaliatory Evictions
17. Special Cons...more
Yolanda Williams marked it as to-read
Dec 15, 2014
Dec 15, 2014
Israele Bonsignore marked it as to-read
Jul 13, 2016
Jul 13, 2016
Alexandra Maritano marked it as to-read
Dec 06, 2017
Dec 06, 2017
Goldena Hickerson Alaniz marked it as to-read
Nov 04, 2018
Nov 04, 2018
There are no discussion topics on this book yet.Be the first to start one »
Recommend It | Stats | Recent Status Updates
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Myron Moskovitz received his law degree from the University of California, Berkeley, in 1964. He served as law clerk to Justice Raymond E. Peters of the California Supreme Court, Chief Attorney of the National Housing Law Project, and Chair of the State Commission of Housing & Community Development. He has been a Professor of Law at Golden Gate University in San Francisco for more than 30 year...more
“Code of Civil Procedure §1161(2) prevents the landlord from claiming rent due more than a year before the service of the 3-day notice. See Fifth & Broadway Partnership v Kimny, Inc. (1980) 102 CA3d 195, 202. An argument could also be made on the ground of laches that it is inequitable for a landlord to wait a full year before demanding overdue rent. That argument was successfully made in Maxwell v Simons (Civ Ct 1973) 353 NYS2d 589, which held that it was unconscionable for a landlord to permit the tenant to fall more than 3 months behind in rent before bringing an unlawful detainer action based on the total arrearage. New York law required the tenant to pay the arrearage within 5 days or return possession. The court held that the landlord could base his eviction action only on the last 3 months' nonpayment of rent and would have to recover the balance in an ordinary action for rent. See also Marriott v Shaw (Civ Ct 1991) 574 NYS2d 477 and Dedvukaj v Mandonado (Civ Ct 1982) 453 NYS2d 965. In California, this reasoning, along with the cases cited above on 'equitable' defenses, might be used to attack a 3-day notice to pay or quit demanding more than three months' back rent.” — 1 likes
“Civil Code §1947.3 provides that a landlord or landlord's agent must allow a tenant to pay rent and the security deposit by at least one form of payment that is neither cash nor electronic funds transfer, unless the tenant has previously attempted to pay with a check drawn on insufficient funds or stopped payment, in which case the landlord may demand cash for up to the next three months. Any waiver of the tenant's rights under this section is void.” — 0 likes
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Rating details
2015 Eviction Defense Manual California
![California eviction defense manual free download for windows 10 California eviction defense manual free download for windows 10](/uploads/1/2/6/6/126646938/176249669.jpg)
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Dec 04, 2015Keith rated it Ca Eviction Defense
really liked itCalifornia Eviction Defenses
· review of another edition Shelves: z-library, jurisprudence, america, zl-witkin
An absolutely indispensable guide to California tenancy law, though as it is written for lawyers it may require familiarity with 'legalese' to fully comprehend. Updated annually. Please stop stealing pages, though: that's what photocopiers are for. I took notes; you can take notes.
Useful sections (to me):
Volume 1
1. Overview of Unlawful Detainer Law
5. Grounds for Eviction
14. Answering and Alleging Affirmative Defenses (esp. 14.24–34)
16. Affirmative Defenses—Retaliatory Evictions
17. Special Cons...more
Useful sections (to me):
Volume 1
1. Overview of Unlawful Detainer Law
5. Grounds for Eviction
14. Answering and Alleging Affirmative Defenses (esp. 14.24–34)
16. Affirmative Defenses—Retaliatory Evictions
17. Special Cons...more
Yolanda Williams marked it as to-read
Dec 15, 2014
Dec 15, 2014
Israele Bonsignore marked it as to-read
Jul 13, 2016
Jul 13, 2016
California Eviction Defense Manual free download. software
Alexandra Maritano marked it as to-read
Dec 06, 2017
Dec 06, 2017
Goldena Hickerson Alaniz marked it as to-read
Nov 04, 2018
Nov 04, 2018
There are no discussion topics on this book yet.Be the first to start one »
Recommend It | Stats | Recent Status Updates
See top shelves…
1follower
Myron Moskovitz received his law degree from the University of California, Berkeley, in 1964. He served as law clerk to Justice Raymond E. Peters of the California Supreme Court, Chief Attorney of the National Housing Law Project, and Chair of the State Commission of Housing & Community Development. He has been a Professor of Law at Golden Gate University in San Francisco for more than 30 year...more
California Eviction Defense Manual Free Download For Windows 7
“Code of Civil Procedure §1161(2) prevents the landlord from claiming rent due more than a year before the service of the 3-day notice. See Fifth & Broadway Partnership v Kimny, Inc. (1980) 102 CA3d 195, 202. An argument could also be made on the ground of laches that it is inequitable for a landlord to wait a full year before demanding overdue rent. That argument was successfully made in Maxwell v Simons (Civ Ct 1973) 353 NYS2d 589, which held that it was unconscionable for a landlord to permit the tenant to fall more than 3 months behind in rent before bringing an unlawful detainer action based on the total arrearage. New York law required the tenant to pay the arrearage within 5 days or return possession. The court held that the landlord could base his eviction action only on the last 3 months' nonpayment of rent and would have to recover the balance in an ordinary action for rent. See also Marriott v Shaw (Civ Ct 1991) 574 NYS2d 477 and Dedvukaj v Mandonado (Civ Ct 1982) 453 NYS2d 965. In California, this reasoning, along with the cases cited above on 'equitable' defenses, might be used to attack a 3-day notice to pay or quit demanding more than three months' back rent.” — 1 likes
“Civil Code §1947.3 provides that a landlord or landlord's agent must allow a tenant to pay rent and the security deposit by at least one form of payment that is neither cash nor electronic funds transfer, unless the tenant has previously attempted to pay with a check drawn on insufficient funds or stopped payment, in which case the landlord may demand cash for up to the next three months. Any waiver of the tenant's rights under this section is void.” — 0 likes