| Subject | Date Asked | Expert |
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| Roommate wanting to move out --no lease | 10/6/2008 | Jonathan Dever, Esq |
Q: My roommate, a graduate student in fine arts, is terminating our unsigned roommate agreement and he ...
A: An oral agreement would hold up in Court if it goes that far. The security deposit is meant to ...
|
| Utilities and easements | 10/5/2008 | Jonathan Dever, Esq |
Q: A neighbor wants to bury utilities and a pole for his conveniene and has a building contractor to do ...
A: This sounds like something you need to talk over with your neighbors first. Try working with them. ...
|
| net lease | 10/1/2008 | Jonathan Dever, Esq |
Q: I live in a mobile home park and the landlord is now using a net lease. He writes his own tax bills ...
A: Interesting. I have never heard of a mobile home operator using a net lease. That does raise a FEW ...
|
| Stolen Items | 10/1/2008 | Jonathan Dever, Esq |
Q: Recently my landlord told me that they will be putting in a new kitchen. All new cabinets, sink and ...
A: If you have insurance, you may consider reporting it to the insurance carrier. You also might have ...
|
| Land contract default | 10/1/2008 | Jonathan Dever, Esq |
Q: I purchased a home on land contract as an investor 2 years ago, a down payment was paid and my ...
A: Offer to rescind the land contract. If you stop payment, their only recourse, if you are less than ...
|
| Verbal rental agreement | 9/30/2008 | Jonathan Dever, Esq |
Q: My son is in college in Lubbock, TX and we co own a house with him. He has a roommate, (no written ...
A: Yes it is true, but he is a fool if he thinks he has the upper hand. Do the eviction, get a ...
|
| Apartment Carpet | 9/30/2008 | Jonathan Dever, Esq |
Q: I lived in my apartment for three years and have recently moved away. My apartments are saying the I ...
A: Send copies to the landlord explaining the circumstances, and send it certified. If they sue, use ...
|
| We broke lease, LL leased out again | 9/30/2008 | Jonathan Dever, Esq |
Q: My brother and I leased an apartment for $2600. I was forced to move out of state, so we broke our ...
A: A landlord has a duty to mitigate damages when confronted with these situations, and you are liable ...
|
| sold & higher mortgage put on house than what is owed on the land contract | 9/28/2008 | Jonathan Dever, Esq |
Q: What she happen when a land contract is sold to a second party and they put a higher mortgage than ...
A: Good question. Unfortunately, without looking at the documents, I cannot tell what your rights and ...
|
| Month-month tenancy notice by landlord. | 9/27/2008 | Jonathan Dever, Esq |
Q: My client's landlord gave him a 30-day notice on a month-month tenancy. Is the tenant required to ...
A: They can always leave earlier if they choose. If they elect to do so, have them send a certified ...
|
| Stolen Items | 9/26/2008 | Jonathan Dever, Esq |
Q: Recently my landlord told me that they will be putting in a new kitchen. All new cabinets, sink and ...
A: Have you searched everywhere first? It is possible that it was moved. If you can't find it, call ...
|
| Deceased Tenant | 9/22/2008 | Jonathan Dever, Esq |
Q: Tenant passed away. Seven months remain on lease. Have offered to sell the property and terminate ...
A: Does your lease specify that death does not extinguish the obligation? Did the heirs sign the lease ...
|
| Landord has refused signage | 9/22/2008 | Jonathan Dever, Esq |
Q: We opened a restaurant 2 months ago. In our lease, the landlord approved a rendering of a sign. We ...
A: If you have already filed suit, speak with your attorney on the matter. If you do not have one, get ...
|
| Evictions & Servicemembers' Civil Relief Act | 9/20/2008 | Jonathan Dever, Esq |
Q: I’m looking for a simple explanation from the landlord’s point of view of the eviction restrictions ...
A: Understood, this is a new problem that has serious consequences. Most state landlord tenant ...
|
| NJ Law on Bedroom Locks in Rental Units | 9/14/2008 | Jonathan Dever, Esq |
Q: I am a landlord of a 2-family house in New Brunswick (NJ) and would like to know where I can find ...
A: Something of this nature would likely be in your local building regulations. It will not be a ...
|
| non smoking rules i renting | 9/10/2008 | Jonathan Dever, Esq |
Q: I moved into an apartment about a week ago. The landlord failed to state orally or in writing that ...
A: Not likely. With the anti smoking band wagon sweeping across the nation, landlords can make ...
|
| Land Contract Issue | 9/9/2008 | Jonathan Dever, Esq |
Q: I sold a property via land contract and after 15 months the purchasers were unable to continue ...
A: Yes if you like. You could take them to small claims court. But first, call them, thank them for ...
|
| renters | 9/8/2008 | Jonathan Dever, Esq |
Q: We have been renting this home in st. petersburg Florida for about 15 years. We have always paid ...
A: Rent increases are perfectly legal. There is no recourse. You have three choices: 1. leave 2. sign ...
|
| Michigan - private beach vs public thoroughfare | 9/2/2008 | Jonathan Dever, Esq |
Q: A piece of beach that sits down a bluff from a home is situated in between 2 beaches that are owned ...
A: Perhaps. One question, why do we resort to litigation to solve a problem? The reason for the ...
|
| Security Deposit | 9/2/2008 | Jonathan Dever, Esq |
Q: I manage property for a landlord/investor. He purchased the property a year ago from a prior owner ...
A: The prior landlord should have either credited you the security deposit plus interest on the HUD or ...
|
| Sale with assignment of leases | 8/30/2008 | Jonathan Dever, Esq |
Q: I recently sold my mobile home park. I sold the park with no warranty at all, as is, where is. I ...
A: You were to provide the deposit money to the new owner. If you did not, then it remains your ...
|
| Fraud | 8/27/2008 | Jonathan Dever, Esq |
Q: I recently discovered that my landlord has filed his building as a (3)Three Apartment private home ...
A: Clearly, your demeanor, inability to pose a clear question, and your use of profanity demonstrate my ...
|
| Is Burglary Negligence? | 8/26/2008 | Jonathan Dever, Esq |
Q: A few prior break-ins have occurred in the apartment complex I live in. The landlord did not notify ...
A: Probably not. If the front door failed to lock, or the windows could not lock AND the landlord had ...
|
| breaking rental lease agreement | 8/24/2008 | Jonathan Dever, Esq |
Q: I just had my first baby and having problems paying rent. I will have to move in with family and ...
A: Landlords have a duty to mitigate damages. That means they must try to relet the unit if you cannot ...
|
| Co-Op | 8/23/2008 | Jonathan Dever, Esq |
Q: Bought my co-op as an insider in '90. I put it in my son's. name. It is and has been is alone for ...
A: The right direction is a lawyer. You can always afford that which you need with a little planning. ...
|
| Earnest Money | 8/21/2008 | Jonathan Dever, Esq |
Q: Contract law questions: I am guessing in any state the answer should be the same? presale done 2 ...
A: No, not clear cut. A simple breach is not a material one. Contract law is specific and fact ...
|
| RESIDENTIAL LEASE AGREEMENT | 8/19/2008 | Jonathan Dever, Esq |
Q: I am renting my house out. My tenant just called to say that the refrig is broken. According to my ...
A: Appurtenant (when used in combination with a lease) is employed for the purpose of including any ...
|
| No Dogs Allowed | 8/16/2008 | Jonathan Dever, Esq |
Q: I have been living in a rent stabalized building for close to 3 years in NYC. I live with a roomate, ...
A: she is full of it. she is stressed cause you have a dog? give me a break. The only issue you ...
|
| rental house questions | 8/12/2008 | Jonathan Dever, Esq |
Q: Four of my friends and I are planning to move to New York City in the near future. Two weeks ago, ...
A: 1. No the mortgage cannot be changed without a refinance or negotiating with the lender. But, I have ...
|
| Carpet/Paint | 8/11/2008 | Jonathan Dever, Esq |
Q: I have lived in my southern california apartment for 9 years and during that time the carpet has ...
A: This is not something that is generally covered by statute. There may be some local rule, but I am ...
|
| mold | 8/8/2008 | Jonathan Dever, Esq |
Q: There appears to be a leak above my bedroom because there is now a brown spot close to the door ...
A: Mold issues are largely placed on the party responsible. If the tenant causes the problem, ...
|
| Eviction | 8/8/2008 | Jonathan Dever, Esq |
Q: I live with my parents. I have been for sometime and was never asked to pay rent. After I left my ...
A: Are you really asking a lawyer for help when you father wants you to grow up and move on with your ...
|
| My apartment building is being sold | 8/6/2008 | Jonathan Dever, Esq |
Q: My landlord (management company)just informed me that the owner of the building in which I live died ...
A: First off, the new owners desiring to sell the building is not about you. There is no retaliation ...
|
| Tenant In Common issue | 8/5/2008 | Jonathan Dever, Esq |
Q: I bought a residential house in Denver, Colorado in March of 2006. At that time I agreed to have a ...
A: IF they die Intestate( meaning without a will) then the State determines what happens to the ...
|
| Landlord Filing Bankruptcy | 8/5/2008 | Jonathan Dever, Esq |
Q: I was just served with a paper stating I am a creditor to my landlord and they are filing ...
A: First, take a deep breath. Second do not panic. If the landlord has filed bankruptcy, you will ...
|
| Property agreement | 8/4/2008 | Jonathan Dever, Esq |
Q: My fiance and I have selected a house to purchase and have decided to include only her on the ...
A: What you are likely asking is an estate planning and/or asset protection question. These I do not ...
|
| Landlord's requirement to keep Carpet Records | 8/3/2008 | Jonathan Dever, Esq |
Q: We have irreparable carpet damage from a pet in our apartment of one year. We have no qualms about ...
A: There are no laws regulating how one runs the daily aspects of their business (thank god). Pet ...
|
