| Subject | Date Asked | Expert |
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| Carpet replacement | 1/4/2009 | Paulette |
Q: Is there a law that the landlord has to replace carpeting in a specific time frame, like say "5 ...
A: It depends on your state. In California, I believe it's after 2-3 years that tenants wouldn't have ...
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| Deducting late fees from deposit | 12/31/2008 | Jonathan Dever, Esq |
Q: I rented an apartment for 2.5 years and most times paid rent 5 days beyond the grace period. The ...
A: It all depends. I typically do the same thing, and then when the deposit reaches $0.00 I tell the ...
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| Apartment manager retaliating with Eviction Notice | 12/30/2008 | Jonathan Dever, Esq |
Q: Apartment manager is retaliating for complaining about other tenants.Friends of his family or ...
A: Again, this is a matter for local counsel. Neither the landlord tenant laws nor are the leases moot ...
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| Pitt Bull | 12/30/2008 | Jonathan Dever, Esq |
Q: I have a prospective tenant who has a Pitt Bull dog. My rental unit is located in southern Ca ...
A: check with a local dog warden. They can tell you whether this dog is classified as "vicious." under ...
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| Filth | 12/28/2008 | Jonathan Dever, Esq |
Q: We have had a tenant for 12 years. Our lease with her was initially on paper (1st two years), but is ...
A: Being disabled is not a pass to abuse another's property and live in a sty. Send her a notice under ...
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| voiding lease | 12/26/2008 | Jonathan Dever, Esq |
Q: I signed a lease and promises were made as to things that would be done before occupancy, such as ...
A: The best advice is to seek a local lawyer that understands two things; 1. landlord tenant and 2. ...
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| Innocent victim of apartment fire | 12/16/2008 | Jonathan Dever, Esq |
Q: In my apartment complex the tenant living above me set a small fire in his bathroom,causing the ...
A: You can't break your lease if your landlord is working to solve the issue, which it appears he is ...
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| Landlord/tenant security deposit dispute | 12/14/2008 | Jonathan Dever, Esq |
Q: I have a long story situation that I will try to shorten up as much as possible for you.I live in ...
A: No it has to be more than a period tenancy. 30 days if delivered on that day. that was not the ...
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| RE: Recent Rental Issues | 12/13/2008 | Jonathan Dever, Esq |
Q: ACTUALLY YOU NEVER ANSWERED THE QUESTION. IF YOU READ THE OUR CORRESPONDENCE WHICH I HAVE PROVIDED ...
A: You are not asking anything specific and you do not provide detailed information as to the nature of ...
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| Security deposit dispute | 12/12/2008 | Jonathan Dever, Esq |
Q: My situation I moved into a house October 07 and moved out Oct 08. Right before I moved out the ac ...
A: Most landlords require the tenant to change the filters, and it will say so in the leases. In the ...
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| Affidavit of Continuous Marriage | 12/12/2008 | Jonathan Dever, Esq |
Q: My spouse died in 2003, I paid off the only debt he owed (in his name) that same year, as it looks I ...
A: It was, on purpose. It is impossible to offer an estate planning advice without looking at all of ...
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| Apartment manager retaliating with Eviction Notice | 12/12/2008 | Jonathan Dever, Esq |
Q: Apartment manager is retaliating for complaining about other tenants.Friends of his family or ...
A: The problem is that you let them get the upper hand. You should call the police any time they make ...
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| Landlord/tenant security deposit dispute | 12/11/2008 | Jonathan Dever, Esq |
Q: I have a long story situation that I will try to shorten up as much as possible for you.I live in ...
A: Good stuff. :) Did you receive anything in writing when you did your walk out? Clearly you sent a ...
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| NY quick claim/quitclaim/general warranty deed | 12/10/2008 | Jonathan Dever, Esq |
Q: My friend's mother lives in NY. She will need to move to a nursing home soon. Her home is paid for. ...
A: You can't. The look back period begins on the date of the transfer. Call an estate planning ...
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| Disclosures | 12/10/2008 | Jonathan Dever, Esq |
Q: My wife and I recently purchased a home from a seller that is a real estate investor. He purchased ...
A: It sounds like you have an uphill battle. Take your documents, contract, closing papers, etc. to a ...
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| Rent / Breaking of Lease | 12/10/2008 | Jonathan Dever, Esq |
Q: I moved from Ohio not too long ago for work, I found an apartment in downtown San Francisco but the ...
A: I love the concept of "Roommate Lemon." I am going to use that! The sad reality of the situation, ...
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| Affidavit of Continuous Marriage | 12/7/2008 | Jonathan Dever, Esq |
Q: My spouse died in 2003, I paid off the only debt he owed (in his name) that same year, as it looks I ...
A: GO TO A LAWYER IMMEDIATELY! NEVER NEVER use a generic will! There are literally hundreds of ...
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| lease rights | 12/6/2008 | Jonathan Dever, Esq |
Q: I have leased a home in a 55 an older community. When you move in you have 60 days before you need ...
A: Discrimination, no. Until you are married, it is co-habitation, that is the definition. In the ...
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| Real Estate Investment in Rental Properties | 12/4/2008 | Jonathan Dever, Esq |
Q: Jonathan, I am in the process of setting up an investment vehicle with a few partners with the goal ...
A: Don't take this the wrong way, but stop trying to do something complicated with a free legal site or ...
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| Jointly owning rental property | 12/2/2008 | Jonathan Dever, Esq |
Q: My husband and his 4 nephews jointly own a rental house which they inherited. He offered a price to ...
A: I have no idea what you were trying to say, sorry. Simple solution, I'll sat it again. Get THREE ...
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| access easements | 12/1/2008 | Jonathan Dever, Esq |
Q: We have a property with an 66 ft. wide easement. The access easement is for 2 other lots and they ...
A: There in lies the problem, no rack to hang your hat (did not hire a lawyer). Typically easements to ...
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| landlord stealing items and putting items out of home and paid rent for longer stay time | 12/1/2008 | Jonathan Dever, Esq |
Q: I gave my landlord a 4 month early notice that I will not be siging another term. He came to me with ...
A: The simple answer is he can't just put your items out, unless you were out by that date. Many ...
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| access easements | 11/30/2008 | Jonathan Dever, Esq |
Q: We have a property with an 66 ft. wide easement. The access easement is for 2 other lots and they ...
A: I can't tell from what you have outlined without looking at the recorded easement. A survey means ...
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| sellers default on contract | 11/29/2008 | Jonathan Dever, Esq |
Q: One week before our closing date we found out that the people selling us there house sold several ...
A: Sounds like you are in a tough spot. I presume that you have volunteered this information to the ...
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| Changing lease after signed & adding on unreasonable fees not in lease | 11/28/2008 | Jonathan Dever, Esq |
Q: I live in a town home in Virginia owned by someone else, the landlord was asked in an e-mail if a ...
A: I have never allowed cats, period. I don't like them personally, they relieve themselves indoors, ...
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| Renter terminating lease early | 11/27/2008 | Jonathan Dever, Esq |
Q: I live in an apartment in Parker Colorado. Recently my neighbor and I have run into some issues with ...
A: Most states do not address the early termination issue directly. Most of the time, the contracts ...
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| Owner/Manager will not deal with garbage issue | 11/26/2008 | Jonathan Dever, Esq |
Q: I live in a small 16 unit community which is owned and managed by an individual and his assistant. ...
A: Frustrating I understand. Unfortunately, unless the landlord is violating some law, there is little ...
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| Rent Past Due/Judgement Won | 11/25/2008 | Jonathan Dever, Esq |
Q: Our tenants moved out 1 month early with no notice & owing us over $2k. We filed civil case & won ...
A: Do not send anything to the employer's address. File a motion for a debtor's exam & file a ...
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| default, foreclosure, eviction | 11/23/2008 | Jonathan Dever, Esq |
Q: my apartment building has been in default for several months now with the different companies ...
A: IF you do not pay rent, you can be evicted, simple as that. The landlord is entitled to the rent ...
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| land contracts in CA | 11/21/2008 | Jonathan Dever, Esq |
Q: One more question I forgot to ask. Are Land Contracts required to be recorded in CA?
A: Land Contracts are not required to be recorded in any jurisdiction. As between the Vendor and ...
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| recourse land contracts in CA | 11/21/2008 | Jonathan Dever, Esq |
Q: I live in CA and am trying to sell a house. It seems that me best way to compete with this market ...
A: Land Contracts are not the best method (although most frequently utilized and/or recommended by ...
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| landlord selling | 11/21/2008 | Jonathan Dever, Esq |
Q: I saw online that the home we are renting was just put on the market. The landlord has not yet ...
A: Last time I checked, you can sell anything you own without permission from a 3rd party. Common ...
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| No landlord signature, terminating a lease early | 11/20/2008 | Jonathan Dever, Esq |
Q: I moved into our apartment at the beginning of this year (September) it is a student rental in NY ...
A: You are held to the lease absolutely. Agents can sign on behalf of a landlord. If that were not the ...
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| carpet replacment | 11/19/2008 | Jonathan Dever, Esq |
Q: I rented a home for over six years and each year the landlord would request an increase in the rent ...
A: It all depends on where you live and also whether she followed the statute on deposits. Call a ...
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| 1st time renter from private owner | 11/19/2008 | Jonathan Dever, Esq |
Q: I generally rent from an apartment complex. But now has taken interest in a duplex in Denver that is ...
A: Whether it is a complex or a "private owner," the landlord tenant statute is your protection. The ...
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| Mother passed away left house | 11/18/2008 | Jonathan Dever, Esq |
Q: My mother passed away and she was sued for a auto accident and house was put in probate and after ...
A: You need to talk this over with a local attorney. There are more issues here than simple landlord ...
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| pets | 11/18/2008 | Jonathan Dever, Esq |
Q: our rental agreement says nothing regarding pets, we have had 1 dog for 3 years & another for 8 ...
A: The landlord can raise the rents, as long as there is no contract that says otherwise. Typically ...
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| Failure to Disclose/Fraud | 10/8/2008 | Jonathan Dever, Esq |
Q: My mother purchased a home and soon after learned that the seller failed to disclose the home was ...
A: I really can't tell you more than what is offered without a review of your case, as I am sure you ...
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| Failure to Disclose/Fraud | 10/7/2008 | Jonathan Dever, Esq |
Q: My mother purchased a home and soon after learned that the seller failed to disclose the home was ...
A: What did the title report indicate? If there was a state project, I bet that would have been in the ...
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| Section 8 drug-related in and out of Section 8? | 10/7/2008 | Jonathan Dever, Esq |
Q: I had a tenant that I had to evict, long story. The house I had was under Section 8; however, the ...
A: Well that completely changes any previous answer I gave. If your sister is causing harm to herself ...
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