| Subject | Date Asked |
|
| Michigan - private beach vs public thoroughfare | 9/2/2008 |
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 ...
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| Security Deposit | 9/2/2008 |
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 |
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 |
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 ...
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| Is Burglary Negligence? | 8/26/2008 |
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 ...
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| breaking rental lease agreement | 8/24/2008 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 ...
|
| Tenant Rights to Renewing a Lease | 7/8/2008 |
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 ...
|
| Disable child moving back home w/service dog | 7/7/2008 |
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 ...
|
| landlord | 7/4/2008 |
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, ...
|
| 2 year lease signed | 7/4/2008 |
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 ...
|
| Eviction | 7/4/2008 |
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 ...
|
| My roommate is trying to break our lease and I don't want to | 7/3/2008 |
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 ...
|
| Disable child moving back home w/service dog | 7/3/2008 |
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. ...
|
| foreclosure deficiency judgment in AZ | 7/2/2008 |
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 ...
|
| landlord with arbitrary charge | 7/1/2008 |
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 ...
|
| landlord with arbitrary charge | 6/30/2008 |
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 ...
|
| Landlord Issues | 6/30/2008 |
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 ...
|
| Real Estate Ownership LLC | 6/29/2008 |
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 ...
|
| Verbal leases issues | 6/28/2008 |
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 ...
|
| Apartment lease deposit issue | 6/27/2008 |
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. ...
|
| renter's rights | 6/27/2008 |
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 ...
|
| Landlord law suit | 6/27/2008 |
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 ...
|
| Landlord law suit | 6/27/2008 |
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 ...
|
| fraudlent transfer of minerals | 6/26/2008 |
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 ...
|
| Landlord/tenant issue | 6/26/2008 |
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 |
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 ...
|
| Verbal leases issues | 6/25/2008 |
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 ...
|
| ex live in girlfriend claims she has legal rights to my property | 6/24/2008 |
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 |
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 |
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 |
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 ...
|
| neighbors house may be on or too close to our property line | 6/23/2008 |
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 ...
|
| help | 6/12/2008 |
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 |
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 |
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! ...
|
| question about payment of last month | 6/10/2008 |
Q: My other half and I assumed that when we were signing a 6 month lease on the 10th of February that ...
A: Try your local landlord tenant association. Most colleges have a system to deal with university ...
|
| Property | 6/10/2008 |
Q: ok, this is long, but its important.My grandmother leases land to a farmer, we never talk to him ...
A: Clearly I can read, but I cannot follow an unorganized fact pattern. Disorganized fact patterns, ...
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| Previous Water Bill | 6/9/2008 |
Q: My husband and I purchased a condo 8 months ago from a previous owner. When she sold the condo, she ...
A: You need a lawyer, you all need one. Gather a group together and sue those responsible for the ...
|
| termites in house i am renting | 6/3/2008 |
Q: I am renting a house that has been raided by termites. It started about 1 month ago, my lease is up ...
A: It is entirely up to you. Do what you think is best for you and your family. But maybe the ...
|
| utility easements | 6/3/2008 |
Q: We have an utility easement on our property. Is it our responsibility to maintain the property? I ...
A: Of course you can maintain the easement, it is on your property. Utility companies typically only ...
|
| town home fire | 6/3/2008 |
Q: A very good friend of mine was sleeping last and then awoken by yelling and knocking at her door, a ...
A: If the neighbor is found to be negligent, then you could always demand compensation form that ...
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| Tenant skipped, now says he is filing bankruptcy | 6/2/2008 |
Q: The tenant signed a one yr lease, paid two months, then did not pay May's rent. He asked us to wait ...
A: Evict him, get your judgment and go after the monies owed to you. If he is in the Army, you know ...
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| Renters permanently damaged stove | 6/2/2008 |
Q: My renters have damaged the stove. We had a scheduled move-out inspection and 2 hours before my ...
A: Keep good records. Journalize everything and photograph the damage. Ask your electrician to give ...
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| Carpet replacement after moving out | 6/1/2008 |
Q: I am living in Oregon and recently moved out of my apartment after living there for almost 4 years. ...
A: I would agree that in theory, if the carpets are to be replaced, it makes little sense to send a ...
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| town home fire | 5/31/2008 |
Q: A very good friend of mine was sleeping last and then awoken by yelling and knocking at her door, a ...
A: Probably not. This is why you get renter's insurance. Ask the oner of the real estate if their ...
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| Renting/Lease | 5/30/2008 |
Q: I recent ended my lease early at my apartment, but I got the manager to agree on the conditions that ...
A: May I ask you a simple question? Is it worth three to five days of your time, defending a lawsuit ...
|
| Restricted Front Gate Entrance to property | 5/30/2008 |
Q: My landlord has on 2 occassions asked me to not use the front gate entrance to the property. He ...
A: A violation of what? Good manners? Ask yourself these questions... Who owns the property? Can an ...
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| tenant wants out of lease | 5/29/2008 |
Q: I am a new landlord, and i just signed a 2 year lease with a tenant for a house i own. I held the ...
A: I have a great solution for you. Go to my alternative site www.attorneyslandlordingkit.com and ...
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| Appellate Court | 5/28/2008 |
Q: We own a vacation home in Nevada and were sued by tenants claiming they found ants in the house and ...
A: It is too late for anything at this point unless you can win a motion for a new trial. This is why ...
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| am I a landlord? | 5/28/2008 |
Q: I live in MN. My daughters had a friend that went to our church who was getting kicked out of her ...
A: I would argue that you are more like a boarding house/dorm; just as a college offers room and board ...
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| Mortgage/housing | 5/27/2008 |
Q: My grandmother passed away recently. I lived with her in the house. Her name was on the mortgage, ...
A: You are not responsible for the mortgage so there are no consequences to you personally if you stop ...
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| my home | 5/27/2008 |
Q: i just got a divorce may 07 and my ex and i basically wrote our own decree and my lawyer went along ...
A: Open heart surgery can also be performed after studying a medical treaties, but I would not ...
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| Carpet Cleaning | 5/26/2008 |
Q: I recently moved into an apartment in Washington State (City of Vancouver). The manager admitted to ...
A: I am not licensed in Washington, and frankly cannot do legal research for free, it takes many hours. ...
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| deadbeat roommate | 5/26/2008 |
Q: I have a roommate that has not paid rent consistently for the six months he's been here. He is not ...
A: Call his mother and tell her that he has not paid his rent. Find a really big freind that can stand ...
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| Owe money when I did not live in the apartment | 5/24/2008 |
Q: My roommate and I had an apartment after which the initial lease ended I moved out doing everything ...
A: Contest the validity of the debt. Tell them exactly what you just told me, except first, make sure ...
|
| property management | 5/23/2008 |
Q: Dever, Unbeknownst to me at the time, my tenants had a guest who accidently backed into and knocked ...
A: 1) Sorry, but I cannot answer this aspect of the question without reading all of the documents, ...
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| Landlord Liability | 5/23/2008 |
Q: I live in a nice neighborhood in Atlanta, GA with an HOA currently controlled by a property ...
A: This all depends on your state law. Typically, you can hold your landlord liable for damages or ...
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| the house we are renting is for sale.. | 5/22/2008 |
Q: with a lease agreement, and the landlord let us know that she was going to be selling the house. we ...
A: The only issue I see is whether you gave them permission to enter at any time. Typically the law ...
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| tenants unknown | 5/22/2008 |
Q: I am trying to buy a five plex with two unknown tenants in two of the units. They have hydro ing ...
A: Sorry, but I am licensed in the U.S. AS you are a common law country with similar roots, I would ...
|
| Apt Fire | 5/21/2008 |
Q: My roommate, whom was not on the lease, left a candle burning in our apt and started a fire. It ...
A: You are responsible, yes. You can cross claim your friend but ultimately you will be jointly liable ...
|
| Neighbor called for Tree Removal service on a tree in my yard and I'm stuck with a $1,800 bill.? | 5/21/2008 |
Q: I have a house in Ohio that has been on the market for several years. I currently live in Illinois. ...
A: Typically, as a home owner you can trim trees off your property line. And if you do, you are ...
|
| deceased father home | 5/20/2008 |
Q: our father been deceased 13 years ,he remarrie one before his death, the home was his only, now this ...
A: Let me rephrase your question to make sure I understand what you are asking. 1. Your father ...
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| Foreclosure and Rental agreement | 5/19/2008 |
Q: I am getting ready to let my house go into foreclosure due to financial struggles, I currently rent ...
A: Why break the lease? Why not sell the property to another investor. I would consider a short sale. ...
|
| air cond. | 5/18/2008 |
Q: is the landlord responsable for providing /fixing air conditioning in my apartment in california? ...
A: Is this a central air? If it is central air and connected to your central heating, yes. If it is a ...
|
| Water lien | 5/18/2008 |
Q: My wife and I purchased a condo in Chicago in a 6 unit building. There is no active condo ...
A: That is very odd... especially for a condo. Call the H2O Department, let them know your situation ...
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| Landlord in Chapter 13 | 5/16/2008 |
Q: I live in NC and found out through his mortgage broker that he is in chapter 13 bankruptcy. He ...
A: If he is in a Chapter 13 plan, there is a Trustee assigned to collect and monitor his income. If ...
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| LLC for a primary residence | 5/15/2008 |
Q: I am trying to buy a 2 bedroom condo in Hoboken, NJ (north jersey). I would bring in a tenant to ...
A: Either a trust or an LLC will do the same. The trust of course gives you more flexibility. If you ...
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| LLC for a primary residence | 5/15/2008 |
Q: I am trying to buy a 2 bedroom condo in Hoboken, NJ (north jersey). I would bring in a tenant to ...
A: Personal Residence: Trust. Complications? No.... Maybe a few extra pieces of paper here and ...
|
| Security deposit | 5/12/2008 |
Q: My landlord refunded my security deposit, minus deductions, 2 1/2 weeks after termination of the ...
A: Most state statutes only require an itemized list of repairs to be given within 30 days of the move ...
|
| Remedies for remaiderman | 5/12/2008 |
Q: I am both the trustee of a trust that has been paying the expenses of a condo and the remainderman ...
A: Unfortunately these matters are fact specific. The language of the documents will control any ...
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| no buyout lease | 5/12/2008 |
Q: we have been renting this apartment for 8 months and we have to get out of it do to are job ...
A: She has a duty to mitigate. Upon written notice, a landlord must make efforts to relet. A landlord ...
|
| no buyout lease | 5/10/2008 |
Q: we have been renting this apartment for 8 months and we have to get out of it do to are job ...
A: Send a written notice of intent to terminate the lease to the landlord citing the reason for the ...
|
| title issues | 5/9/2008 |
Q: I currently reside in a home that I have lived in and paid for for the last 15 years. I acquired ...
A: You can do that. I suggest finding a local attorney to do the closing. Have him issue a ...
|
| Application | 5/9/2008 |
Q: My friend and I are looking to move into an apartment together, we found a place we like. The ...
A: It does seem a little extreme. A simple credit check gives them most of the information they need. ...
|
| basement rental policy | 5/7/2008 |
Q: Recently, I have purchased a single family house and rent it out street level basement apartment to ...
A: A basement rental is the same as any rental situation. The tenant cannot with hold rent under any ...
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| Eviction? | 5/7/2008 |
Q: Can I be evicted even though I gave my 30 day notice to move out on the 1st? They have a deposit in ...
A: You can be evicted if you fail to abide by the terms of your lease (if you did not pay your last ...
|
| Real Estate Question | 5/7/2008 |
Q: I purchased a home about 5 years ago. When I bought the home, I did not get a survey but instead ...
A: If there has been a 50 year encroachment, really the value of your property will not be affected at ...
|
| Owner selling rental property | 5/6/2008 |
Q: My son lives in Pa.& rents a condo. The owner is selling the property to a couple. My sons lease ...
A: The new owner is required to honor the lease unless there is a provision in state law or the lease ...
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| Incarceration | 5/6/2008 |
Q: Two weeks ago my boyfriend and I moved into an apartment together. Then a few days ago he had to go ...
A: You both are responsible for the lease. Contact the landlord and tell them your situation. Let ...
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| Is there a time limitation on collecting damages? | 5/6/2008 |
Q: I rented an apartment in Washington State and moved out in April 2007. When I left I did an ...
A: Time limits in landlord tenant law are in your state code. First, contest the validity of the debt ...
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| renting our home. | 5/6/2008 |
Q: As our home is not able to sell ( south Fl),we decided to rent it. It is to be leased when HOA ...
A: Typical realtor/management fees are as follows: realtor/manager gets first month's rent and 7-10% ...
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| rrrenting and insurance liability | 3/31/2008 |
Q: I have a vacation home which I am considering renting to under 25 groups. Many of the parents are ...
A: Most of your questions are insurance related. Policies differ from company, and policies differ in ...
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| bankrupt and divorce | 3/31/2008 |
Q: two questions if you have time. If you have a property rented and the tenant files bankruptcy ...
A: Bankruptcy: 1. You must file a proof of claim with the Bankruptcy Court. 2. You will need to file ...
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| title to my home and investment property | 3/31/2008 |
Q: How do I protect my real estate holdings from possible legal actions and or judgements? Is it ...
A: I all depends on your state, your investment goals, your estate planning needs, and on your business ...
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| buyer ending land contract | 3/31/2008 |
Q: I had a house out on land contract. The buyers decided to pull out. Their lawyer says I will owe ...
A: Generally that is correct. The land contract and your state law govern. You may want to have the ...
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| Property Ines/Lot Survey | 3/29/2008 |
Q: We halved lived in our home for almost 15 years. For almost 12 1/2 years we shared the area between ...
A: If he is agreeable to a sale, the first step would be to call a local Real Estate Broker and ask for ...
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| breaking a lease | 3/28/2008 |
Q: my house has a one year lease but my landlord will not fix the pipe to the home which is causing the ...
A: In most jurisdictions the answer is YES! What you need to do is go to the local Municipal Court. ...
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| Landlord-tenant laws | 3/27/2008 |
Q: has anything changed from the response given in the ...
A: No. And sort of. The foreclosure rules do differ from state to state (judicial or non-judicial ...
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| Final Walk through denied. | 3/27/2008 |
Q: My final walk through was denied by the office because they claimed it was too busy that day to ...
A: I do not know the answer to your specific question as I am mot licensed in Fla. I would find a ...
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| Noise Preventtion / Carpet Requirement for Upper Floors of Apt Building | 3/26/2008 |
Q: Is there a requirement to have a percentage of the floor covered in carpeting for upper floors of a ...
A: What youy are asking is a question relating to building codes. Building codes are specific to the ...
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| Mold in Apartment | 3/26/2008 |
Q: Is it the landlord's responsibility to take care of a mold problem? My roommate and I have tried to ...
A: First, inform the landlord of its existence. Any landlord will want to know about this issue and ...
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| Property Ines/Lot Survey | 3/26/2008 |
Q: We halved lived in our home for almost 15 years. For almost 12 1/2 years we shared the area between ...
A: Unfortunately there is little you can legally do. You did not control the property against the will ...
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| identity theft due to unlockable mailbox | 3/25/2008 |
Q: My landlord never provided me with a key to my mailbox, and the door was frequently wide open with ...
A: Typically a mailbox key is your responsibility. Mail is governed by the United States Post Office. ...
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| landlord breaking lease | 3/23/2008 |
Q: My wife and I got a verbal notice from the property management company in charge of the house we ...
A: Typically, unless the lease states otherwise, you have a right to possession for the balance of the ...
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| Order of crediting late fees, utilities and rent | 3/22/2008 |
Q: I am a South Carolina property manager. A lease states that my company pays the electric billing ...
A: Create a new community policy that outlines the order in which payments will be applied. Post it on ...
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| re: lease grace period | 3/21/2008 |
Q: Our lease ended and we have been living month to month. The landlord and tenants (us) have been ...
A: Probably, but I cannot say for sure. There is a history of ignoring late fees (which lends itself ...
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| Condo By-laws | 3/21/2008 |
Q: My condo board--in Maryland--is about to propose a limit on the number of units that can be rented ...
A: I do not know how wide spread this practice is. Generally Condo associations can create rules ...
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| Urgent, please help, is it a scam? | 3/21/2008 |
Q: I have found an offer on the internet about a great apartment in Paris (im French, i live in France) ...
A: First Western Union is Classic Nigerian money scam. Second, the landlord should be willing to allow ...
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| converting a duplex into condos | 3/20/2008 |
Q: I currently own a duplex building. I live in side "A" and i rent out side "B" next door. Both sides ...
A: It sounds like you are exploring converting the units to condos. You will need to go to the local ...
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| Breaking a lease because selling property | 3/19/2008 |
Q: I am purchasing a home in New Jersey, Bergen County but there are tenants that have a lease until ...
A: Tenants have a contractual right to possession. I would seek the advice of a local attorney that ...
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| security deposit | 3/19/2008 |
Q: I had a written year lease with my landlord. For the first month, I gave her first months rent and ...
A: Most state stautes have provisions dealing with this issue. Some require a Landlord to return the ...
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| Rent and late payments | 3/17/2008 |
Q: My parents have a home in N.J.that still has a mortgage,.There is a young mother and children living ...
A: Perhaps if you are a victim as you indicated, you need to attack the root of your problem with the ...
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| Criminal history & trouble finding somewhere to rent? | 3/17/2008 |
Q: my Fiance & I have been looking for a place to live for the past 3 months or so & have had ...
A: Private Landlords may be your only solution in the short run. But never lie on an application! ...
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| Unlawful Detainer/ past judgements | 3/16/2008 |
Q: When filing for an unlawful detainer are you allowed to submit copies of past judgements from other ...
A: No. Just because someone has prior evictions or judgments does not mean that that information is ...
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| Signing New Lease in California but Foreclosure Risk High | 3/15/2008 |
Q: I have lived 2 years at my current address. My current 1 year lease expires this month. The ...
A: You really do not have anything to worry about. Likely the landlord wants the lease extension to ...
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| Apartment Damages | 3/15/2008 |
Q: My son lives in an apartment (in Indiana). Upon arriving home one evening, a guest of his neighbors ...
A: Was the individual at issue charged with a crime? If so, the victim (landlord) will be able to ...
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| Tenant issues. | 3/14/2008 |
Q: I kind of have a few issues. I have been renting my apartment for a while now, and my current tenant ...
A: Well first, are you the landlord? If you are, and you are suggesting that you want to interfere in ...
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| Rent and late payments | 3/14/2008 |
Q: My parents have a home in N.J.that still has a mortgage,.There is a young mother and children living ...
A: Negative feed back and personal attacks are for politics, not for those donating their $300.00 per ...
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| Should I do it | 3/13/2008 |
Q: IF you saw this on a website, what questions would you ask and does anything sound strange? Hi, ...
A: What you are asking for is a free lesson in real estate investing. I would be more than willing to ...
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| breaking lease | 3/13/2008 |
Q: my dad and I just moved into this 2bed/2bath, which had mice droppings still in the apartment upon ...
A: Send a written demand to the landlord requesting these items be repaired and addressed. Goto the ...
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| noise complaints/eviction grounds | 3/12/2008 |
Q: Briefly as possible, my situation is that I live in the upstairs unit in a studio apartment. I ...
A: My best advice is to find a local tenant association. They can help you with your rights as they ...
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| Apartment owner towing policies when they tow a car off of the property | 3/11/2008 |
Q: I went to my friends apartment last night like I always do every day. About ten minutes later I saw ...
A: I am not a Texas Attorney. But typically no, when a car is towed the owner of the property does not ...
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| tax sale | 3/11/2008 |
Q: I appreciate your time. A person mortgaged herself in the hole, did business with loan sharks, ...
A: This could erupt into a mess, or it could naturally go away. The recording process has one main ...
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| tentant died next month rent was drafted out of deceased man's account | 3/7/2008 |
Q: I am the landlord and my tentant died in Feb. His son dropped off keys Feb 18 and gave me written ...
A: Yes. His estate would technically be responsible. But I would not worry about it. Follow up with ...
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| Security deposit agreement. | 3/7/2008 |
Q: In my security deposit agreement, my landlord has stated that upon the end of my lease, they will ...
A: Generally a landlord may not deduct "normal wear and tear" expenses. Byt if you signed a contract ...
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| Evicting someone on a work/rent deal | 3/4/2008 |
Q: I entered into a verbal agreement with someone as a rent to own situation. He agreed to $700 a month ...
A: I would be more than happy to help you with your situation, but for purposes of this forum, the ...
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| termites | 3/4/2008 |
Q: I live in Maryland and I have termites in my apartment. I have made contact with the rental office ...
A: You can always negotiate, but the legal issue is whether the condition arises to what is called a ...
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| 30 day notice | 3/4/2008 |
Q: I was doing some research for my friend regarding giving a 30 day notice to vacate. My friend moved ...
A: She cannot be asked to pay 2x for the same period of time. The notice was properly given. Their ...
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| Commercial Real Estate | 2/29/2008 |
Q: I signed a year lease when I first rented my shop. The second year I signed on for another year. ...
A: No. the period of tenancy is accourding to your contract/lease. Example: Lease from 1st of month ...
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| Breaking Lease and Psycho Neighbors | 2/28/2008 |
Q: I have been living in an apartment in Pennsylvania, 5 months into a 13 month lease. Over the last ...
A: Sometimes you have to balance the cost of being right to the opportunity cost to you. You are ...
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| Mold in home that we rent | 2/28/2008 |
Q: I found black mold with like red and maybe orange in it in one of our 3 bedrooms I notified my ...
A: Mold is deadly! A professional should be called in, and you should not be in the residence! You ...
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| Rent Qualifications | 2/27/2008 |
Q: I am currently moving from Colorado to California. My problem so far is that wages are much higher ...
A: Never lie! Ever, ever, ever! I know that making a move can be tough, but explain to them what is ...
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| Landlord advertising my house | 2/24/2008 |
Q: I signed a month to month lease on my house and when I moved in I paid first and last months rent. I ...
A: Not much unless there is something in the lease that says otherwise. I would get on the phone and ...
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| Eviction | 2/24/2008 |
Q: I need to evict my tenants for a variety of reasons from their month to month lease which has ...
A: You would need to file an eviction in the county that the property is located. Your need to send ...
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| property line | 2/23/2008 |
Q: i bought my home 5 years ago. i am going to replace my back fence and have noticed that the back ...
A: Short answer is 21 years. So if the fence(s) and plants have been in place for 21+ years then they ...
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| Landlord does not address deposit within 30 days | 2/23/2008 |
Q: I am a landlord of a townhouse in Miami, FL. I had a tenant a little longer than 2 years. He ...
A: Most states require that you respond within 30 days after move out. You are required to itemize the ...
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| BROKEN LEASE: CAN A LANDLORD W/ A REAL ESTATE LICENSE CHARGE A "RE-RENTAL" FEE? | 2/22/2008 |
Q: I am a California landlord with a real estate license. One of my tenants has informed me in writing ...
A: Is it in your lease? If not, refer to your state statute. Typically the answer is no, but that ...
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| landlord not respecting our rights | 2/21/2008 |
Q: My husband and I rented a home in Longmont, CO for 2 years. We vacated the premises 30 days early, ...
A: Technically a landlord must give 24 hours notice prior to entering a leased premise. In this case, ...
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| Utility mixup | 2/20/2008 |
Q: I recently signed a lease and was very thorough about asking the appropriate questions. One in ...
A: This is a tough situation. It appears that he is not interested in working things out with you. ...
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| Rental Application | 2/16/2008 |
Q: My husband and I are coming home from being separately deployed. I will be home first and looking ...
A: there is nothing wrong with putting your husband on the application. If you have to sign the ...
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| Property Management | 2/16/2008 |
Q: My daughter broke her lease, the property management co. sued her for damages in small claims court, ...
A: The judgment is with prejudice? Then they lost in Court and do not have a claim they can legally ...
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| want to evict roommate who is not on lease | 2/16/2008 |
Q: first, kudos to you for being of help here. i'm sure you're innundated with requests. i live in ...
A: Technically, you must treat that person as a tenant. But you should refer to CA laws, call a tenant ...
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| holes in wall | 2/13/2008 |
Q: My husband and i recently moved out of an apartment in massachusettes. We recieved a letter just ...
A: If the statute says you are entitled to it, then that is your answer. The question you have to ask ...
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| Landlord advertising house available before lease expires | 2/12/2008 |
Q: Landlord told us that she was going to sell house at end of lease and wanted to know if we were ...
A: Check your state's landlord tenant law. Some states require the Landlord to provide an itemized ...
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| Titling Property | 2/12/2008 |
Q: My brother-in-law wants to buy a piece of property that his mom used to own, for sentimental reasons ...
A: Not to be rude, but he needs to talk to an attorney about the situation. These are planning ...
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| Titling Property | 2/12/2008 |
Q: My brother-in-law wants to buy a piece of property that his mom used to own, for sentimental reasons ...
A: This is really an estate planning question not a real estate question. While I do practice in this ...
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| new lease | 2/12/2008 |
Q: i am renting a garage apartment. I went through a real estate company, telling them about the apt ...
A: First, there is some liability on the part of the Real Estate Company. So if you get sued, sue them ...
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| criminal trespassing | 2/11/2008 |
Q: I am in Utah, and we just moved into a new house. We love the house. But the other day we looked ...
A: Fun! Now honestly, I thought I have heard it all before, and although I have seen this on ...
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| gas floor furnaces/lease terminate | 2/9/2008 |
Q: I signed a lease a few days ago in Los Angeles, CA with a roomate. The landlord did not disclose to ...
A: What does dangerous mean? what is the exact temperature? Does it cause actual burns? Are you ...
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| landlord says he sold house, no lease | 2/8/2008 |
Q: I'm in New Mexico, first time renter, been here 2 months with no lease. Landlord came over last ...
A: The simple answer is that the landlord only has to give you one period of tenancy notice. That is ...
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| landlord terminating lease | 2/6/2008 |
Q: My landlord is asking us to move out because she wants to sell the home in the middle of the ...
A: Your landlord is entitled to sell a property at any time. But you may have certain rights as a ...
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| Nut case in my home | 2/6/2008 |
Q: I rented a room in my beautiful plush home to a woman who is refusing to pay rent this month ...
A: I understand. The fact is, she does have rights as a tenant in possession under most jurisdictions. ...
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