| Subject | Date Asked | Expert |
|
| 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 ...
|
| Mice in commercial lease | 7/31/2008 | Jonathan Dever, Esq |
Q: Dever, I am one year into a two year commercial lease. Recently, I discovered a mouse problem as ...
A: First let me say, without reading your lease, knowing which jurisdiction you are in, limits my ...
|
| Insect infection- Who's responsible??? | 7/29/2008 | Jonathan Dever, Esq |
Q: I hope you are having a good day! I am not fully aware of our (tenants) and our landlords ...
A: Keep records! This is a huge and growing problem. the issues of responsibility and damages to your ...
|
| Fire in rental unit - liability? | 7/28/2008 | Jonathan Dever, Esq |
Q: My son's roommate started an accidental cooking fire at my apt. complex. He was not on the premices. ...
A: Call your personal insurance agent and ask them what to expect. They can give you a general ...
|
| Security Deposit Return | 7/28/2008 | Jonathan Dever, Esq |
Q: Greeting, I am a landlord of an apartment dwelling in the state of NJ. My tenants, a young couple ...
A: Here are a few choices: 1. Issue a check payable to them both. For Example Payable to: John and ...
|
| Fire in rental unit - liability? | 7/28/2008 | Jonathan Dever, Esq |
Q: My son's roommate started an accidental cooking fire at my apt. complex. He was not on the premices. ...
A: Yes he is liable. He will likely be sued by the landlord's insurance company sometime in the future ...
|
| Rent increase | 7/27/2008 | Jonathan Dever, Esq |
Q: I am an Ohio landlord. My question is if my tenants (2) decide to move in an additional roommate, ...
A: Would you increase the rent for a new tenant? Do you have different rental rates for different ...
|
| Lease Agreement - California | 7/27/2008 | Jonathan Dever, Esq |
Q: We signed a 12 month lease agreement 14 months ago. It was written into the lease that we were ...
A: That is a good question and best resolved by your state and local statutes. Typically your notice ...
|
| Landlord going through bankruptcy | 7/26/2008 | Jonathan Dever, Esq |
Q: We are unsure, but it looks like our brand new landlord (we haven't signed a lease yet!) might be ...
A: If your landlord goes through a bankruptcy, you will be contacted by a Bankruptcy Trustee. This ...
|
| Roomate Problem | 7/25/2008 | Jonathan Dever, Esq |
Q: I had a quick question for you. Basically, my roommate has decided to begin an overlapping lease ...
A: I am a bit confused. He is paying his share of the rent through the end of the lease. HE has been ...
|
| 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 ...
|
| Condo Assoc Fines for pre-existing items prior to purchase | 7/18/2008 | Jonathan Dever, Esq |
Q: In December 2006 I bought a condo in Miami Beach. In November 2007 while I was living abroad I ...
A: You need to find a local attorney that can look at the documents and the transfer paperwork. The ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
