| Subject | Date Asked | Expert |
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| Carpet Cleaning in Rental Apartment and "Normal Wear and Tear" | 7/20/2008 | Jonathan Dever, Esq |
Q: When we did our final walkthrough with the lanlord, she stated that a certian area of the carpet may ...
A: I can't really help you one this one. Normal wear and tear is an animal of fact and local ...
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| Painting | 7/16/2008 | Jonathan Dever, Esq |
Q: We own a rental home. The inside of the home was painted two years ago. Our tenants gave us notice ...
A: Depending on the type of paint you use in your units, dirt can be cleaned off the wall. If you have ...
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| lease agreement | 7/15/2008 | Jonathan Dever, Esq |
Q: In Oct 2002, my husband and I signed a lease together. After a couple of years, it became a ...
A: Get ahold of your divorce attorney and see what can be done from the Court's perspective. ...
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| Repairs | 7/14/2008 | Jonathan Dever, Esq |
Q: I have a landlord who is extremely slow when it comes to repairs. I have had a broken lock on my ...
A: If it is something like the locks to your apartment and it has been 5 months, repair it. Use a ...
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| Carpet replacement in rental | 7/14/2008 | Jonathan Dever, Esq |
Q: when we moved my Mom and Grandmother out of an apartment, they said they replaced the carpet due to ...
A: Theoretically yes. It is a he said she said game when it comes to damages without a move in and ...
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| Landlord Tenant/Lease Agreements | 7/14/2008 | Jonathan Dever, Esq |
Q: I purchased a quad (4 units) June 3. Rent is due 1st of the month with a 5 day grace period. I ...
A: It sounds as though your lease is very lenient! Why do they have 20 whole days to be late? If they ...
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| Carpet replacement in rental | 7/13/2008 | Jonathan Dever, Esq |
Q: when we moved my Mom and Grandmother out of an apartment, they said they replaced the carpet due to ...
A: If you did not document the condition before and after you moved out, it will be your word against ...
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| eviction | 7/12/2008 | Jonathan Dever, Esq |
Q: I rented my condo (in Virginia) to a woman who has bad credit because I was fooled by her 'up-front ...
A: Never accept late rent if you intend on evicting, especially partial payments. When you accept ...
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| Home Theft with Lock Box | 7/11/2008 | Jonathan Dever, Esq |
Q: Our home is up for sale and has a lock box. We have complained to the realtor that things have come ...
A: Call the police again and file a police report. Then call the Board of Realtors and lodge a formal ...
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| noise problem | 7/10/2008 | Jonathan Dever, Esq |
Q: My wife, my 16 month old son, and myself live in a four unit building with the new owners directly ...
A: Being a crotchety old goat is not unheard of. Unfortunately, there is not much you can do about it. ...
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| apartment lease | 7/10/2008 | Jonathan Dever, Esq |
Q: If i lived in an apartment in California for 1 year and 11 months can they charge me for repainting ...
A: Do not know. I do not know how you received the unit or how you left it. The age of the carpet is ...
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| Tenant Rights to Renewing a Lease | 7/8/2008 | Jonathan Dever, Esq |
Q: Mr. Dever, I live with three roommates in Brooklyn, NY, and moved in last August. We have a ...
A: Simply get a lease with the new roommate. If he won't leave, then ask the landlady for a new unit ...
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| Disable child moving back home w/service dog | 7/7/2008 | Jonathan Dever, Esq |
Q: Oregon: We rented an apartment when our daughter was 18 but still at home. She moved out for about a ...
A: First, the ADA (American's With Disabilities Act) govern other state and federal laws relating to ...
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| landlord | 7/4/2008 | Jonathan Dever, Esq |
Q: I'm considering bankruptcy. I have an occupied rental row house in Baltimore, md. If either I give ...
A: Technically you do not ahve to tell the tenants anything. Actually, I would not tell them a thing, ...
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| 2 year lease signed | 7/4/2008 | Jonathan Dever, Esq |
Q: My tenant signed a 2 year lease April of 2008. She is now asking to change it to a one year lease. ...
A: You do not have to let her out, but if she breaks the lease anyway, you have to collect via the ...
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| Eviction | 7/4/2008 | Jonathan Dever, Esq |
Q: I have filed with the courts for "formal" eviction. Not sure when tenants will be served. My court ...
A: What is the point of the sign, other than you are mad at them? Simple question for you... if they ...
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| My roommate is trying to break our lease and I don't want to | 7/3/2008 | Jonathan Dever, Esq |
Q: I am renting a house with 2 other roommates, we are binded with a 2 year lease. One of my roommates ...
A: Other than tie him up to a fence post? No. You can't stop him. But he is contractually ...
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| Disable child moving back home w/service dog | 7/3/2008 | Jonathan Dever, Esq |
Q: Oregon: We rented an apartment when our daughter was 18 but still at home. She moved out for about a ...
A: A landlord can have a no dogs policy for his tenants, even if he lives there and has a dog himself. ...
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| foreclosure deficiency judgment in AZ | 7/2/2008 | Jonathan Dever, Esq |
Q: Mr. Dever, I have a property in Phoenix that I am renting out to tenants. I am upside down on the ...
A: You have several options you can choose from. Banks have a loss mitigation department that handle ...
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| landlord with arbitrary charge | 7/1/2008 | Jonathan Dever, Esq |
Q: Can you tell me if it is legal for a landlord to arbitrarily charge $50 for unlocking my daughter’s ...
A: Perhaps, but what if anything does she want to do about it? If she does not pay, he will take it ...
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| landlord with arbitrary charge | 6/30/2008 | Jonathan Dever, Esq |
Q: Can you tell me if it is legal for a landlord to arbitrarily charge $50 for unlocking my daughter’s ...
A: Charging for lockout is not really unheard of and the fee assessed is not outrageous. I charge ...
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| Landlord Issues | 6/30/2008 | Jonathan Dever, Esq |
Q: I live in Florida and I just ended a one year lease (I completed with no backing out). I gave my ...
A: Here are a few sites that can help: http://floridarei.com/tenant_law01.php ...
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| Real Estate Ownership LLC | 6/29/2008 | Jonathan Dever, Esq |
Q: I have a rental property that I have in a single member LLC (Myself and my spouse) that runs through ...
A: The income from the LLC should come to you via a K1 at the end of the year. If you are are putting ...
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| Verbal leases issues | 6/28/2008 | Jonathan Dever, Esq |
Q: My 18 year old son moved into his own apartment recently (7 weeks ago) with a roommate. There was no ...
A: FOLLOW UP: You have to pick your fights. Passion is fine, but when misguided, passion creates more ...
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| Apartment lease deposit issue | 6/27/2008 | Jonathan Dever, Esq |
Q: My son is a grad school student in buffalo, NY. He has rented an apartment for the last two years. ...
A: Your state statute determines how deposits are handled and what rights and remedies of a tenant. ...
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| renter's rights | 6/27/2008 | Jonathan Dever, Esq |
Q: My apartment house has just been bought. I have been there for several years. I do not owe money ...
A: You have to pay rent so long as you are living in the property, yes. It appears that he gave you ...
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| Landlord law suit | 6/27/2008 | Jonathan Dever, Esq |
Q: My husband and I rented a house in virginia beach (yearly lease). We moved in February 2004 and ...
A: Most state statutes require notification to the former tenant of damages within 30 days (apparently ...
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| Landlord law suit | 6/27/2008 | Jonathan Dever, Esq |
Q: My husband and I rented a house in virginia beach (yearly lease). We moved in February 2004 and ...
A: First, thank your husband for his service. We need people like him and the sacrifices you and your ...
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| fraudlent transfer of minerals | 6/26/2008 | Jonathan Dever, Esq |
Q: What are the steps to take if you suspect that your proprerty's minerals have been deeded to ...
A: Are you presuming that a fraud occurred? The illegal forgery of a document? Or are you concerned ...
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| Landlord/tenant issue | 6/26/2008 | Jonathan Dever, Esq |
Q: Good evening Mr. Dever, In Grays Harbor County,WA the Plaintiff (landlord) Filed a Complaint for ...
A: A show cause hearing is a hearing ordered by a Court when a party fails to appear at Court. It is ...
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| tenant breaking lease | 6/26/2008 | Jonathan Dever, Esq |
Q: Tenant moved in & after 5 days started complaining about doors, dehumidifer noise etc, he asked to ...
A: What do you want to do? You have a signed lease agreement yes? Do you want to enforce it? You are ...
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| Verbal leases issues | 6/25/2008 | Jonathan Dever, Esq |
Q: My 18 year old son moved into his own apartment recently (7 weeks ago) with a roommate. There was no ...
A: He can ignore the notice if he likes. The landlord will file an eviction, get a judgment against him ...
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| ex live in girlfriend claims she has legal rights to my property | 6/24/2008 | Jonathan Dever, Esq |
Q: My ex girlfriend has lived with me for the past 4 years. 3 years ago I bought my house and I own ...
A: Unless there is a palimony statute in your state, or some common law right to personal property, she ...
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| asking us to leave | 6/24/2008 | Jonathan Dever, Esq |
Q: we signed a 12 month lease after 4 months our landlord is asking us to leave giving us 5 weeks ...
A: Ask away, nothing ventured nothing gained! IT is only too much if he says no immediately. But to ...
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| apartment Lease agreement. | 6/24/2008 | Jonathan Dever, Esq |
Q: My situation is that, well I am recently married, and my wife fell ill. She has been out of work ...
A: The answer to your situation is simple. Communicate with your landlord. Start there first. Ask ...
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| tenant with problem roommates | 6/23/2008 | Jonathan Dever, Esq |
Q: hopefully you can help me. i am renting a duplex on a month to month basis. no lease has been signed ...
A: 30 days is typical. I suggest contacting a local attorney who understands the law of your ...
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| neighbors house may be on or too close to our property line | 6/23/2008 | Jonathan Dever, Esq |
Q: We bought our house last year- did not have a survey done- but now think we need to as the house ...
A: First, did you finance your home? If you did you will have at least one of two things going for ...
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| help | 6/12/2008 | Jonathan Dever, Esq |
Q: i am staying with a friend of mine. i have 2 rooms in his 3 bdrm house. I dont pay rent, just help ...
A: Possibly, it all depends on the facts and whether you have a landlord tenant relationship. It ...
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| questionable real estate transaction | 6/11/2008 | Jonathan Dever, Esq |
Q: mr. dever, thank you for your time. my friend and his wife--non-english speakers--foolishly ...
A: Although this fact pattern throws up a few red flags, we should not jump the gun just yet. First, a ...
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| Rental Deposit | 6/11/2008 | Jonathan Dever, Esq |
Q: On May 7, 2008, I gave a deposit to a landlord for house based on a verbal agreement with ...
A: Contact your local legal aid. Tell them your situation. In addition, contact HUD yourself! ...
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