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Quote by Lina Cuartas

“Never forget, Each day that we have together is a precious gift. In the web of daily living, we are creating character. Let's take the time to create memories, listen and observe. Time flees, and it does not return. If we lose today, it is gone forever. Let's live for the present, and be prepared for the future. Let's grow strong, let's grow bigger, let's grow TOGETHER!”

Quote by Lina Cuartas

Book:Come Into My World
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Come Into My World

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Lina Cuartas

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“...a lack of affordable housing in rural Scotland is perhaps the biggest issue threatening the viability of communities today. This situation is not new but since house prices really took off some 20 years ago, there is asense that the issue has now become existential. Lack of employment is often similarly highlighted as a major issue, but thanks to the social security system most people can manage, to some degree at least, a period of being unemployed or under employed. In contrast, without adequate and secure accommodation people very quickly have to leave their home communities in search of housing, more often than not in distant towns and cities - even if, as is often the dase, they have a job offer locally.”

ScotlandAffordable HousingRural Housing
Book:Reforesting Scotland 67, Spring/Summer 2023
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“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.”

LawCaliforniaEviction2015TenancyLaches
Book:California Eviction Defense Manual
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“No reported cases indicate whether a breach of an implied covenant of good faith may be raised as a defense to a residential unlawful detainer action [i.e., eviction]. Note, however, that a breach of the implied warranty of habitability may be so raised. See chap 15. It has been argued that the implied covenant of good faith requires a landlord to show just cause to evict a residential tenant. See Bell, Providing Security of Tenure for Residential Tenants: Good Faith as a Limitation on the Landlord's Right to Terminate, 19 Ga L Rev 483 (1985). If the landlord has breached the implied covenant of good faith, the tenant should consider raising that breach as an affirmative defense to the unlawful detainer action. Because the courts have not yet decided whether the covenant of good faith applies in residential unlawful detainer actions, tenants must look to commercial lease cases for law concerning the covenant. Those cases have found an implied covenant. See §§19.20–19.24.”

CaliforniaCovenantGood FaithLeaseEviction2015WarrantyResidentialDefense LawyerAffirmative Defense
Book:California Eviction Defense Manual
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“It is long settled in California that a landlord who resorts to self-help [such as removing a tenant's personal belongings and changing the locks, even though the tenant is still in legal possession of the property] instead of invoking the unlawful detainer procedure commits a forcible entry and detainer, and is liable for actual and, sometimes, punitive damages (see Jordan v Talbot (1961) 55 C2d 597), regardless of any lease provision giving the landlord the right to reenter on default (55 C2d at 604) or any lien the landlord may wish to exercise (55 C2d at 609).”

CaliforniaEviction2014TrespassTenancy
Book:California Eviction Defense Manual
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“If it appears from the face of the [unlawful detainer] complaint that the plaintiff is an improper plaintiff, a demurer will lie. If it is not apparent from the face of the complaint, the issue must generally be raised as an affirmative defense in the answer. The fact that a plaintiff is not a proper plaintiff would appear on the face of the complaint, for example, when • The complaint states that the landlord has sold the property; or • The name of the plaintiff is not the same as the name of the landlord on the lease attached to the complaint, and the plaintiff does not allege that he or she is the successor in interest.”

LawCaliforniaEviction2014Demurer
Book:California Eviction Defense Manual
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