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Real Estate Law (esp. Landlord-Tenant)/Questions
| Subject | Date Asked | Expert |
| landlord breaking lease | 3/23/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Order of crediting late fees, utilities and rent | 3/22/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| re: lease grace period | 3/21/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Condo By-laws | 3/21/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Urgent, please help, is it a scam? | 3/21/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| converting a duplex into condos | 3/20/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Breaking a lease because selling property | 3/19/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| security deposit | 3/19/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Rent and late payments | 3/17/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Criminal history & trouble finding somewhere to rent? | 3/17/2008 | Jonathan Dever, Esq |
| 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! ... | ||
| Unlawful Detainer/ past judgements | 3/16/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Signing New Lease in California but Foreclosure Risk High | 3/15/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Apartment Damages | 3/15/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Tenant issues. | 3/14/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Rent and late payments | 3/14/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Should I do it | 3/13/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| breaking lease | 3/13/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| noise complaints/eviction grounds | 3/12/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Apartment owner towing policies when they tow a car off of the property | 3/11/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| tax sale | 3/11/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| tentant died next month rent was drafted out of deceased man's account | 3/7/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Security deposit agreement. | 3/7/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| painting charges | 3/7/2008 | Ira Kahn |
| Q: I lived in an apartment for an year. Now they had sent me an invoice for the following Standard ... A: It would seem, that they are beibng somewhat unfair with the charges. My best advise, is to dispute ... | ||
| Eviction | 3/5/2008 | Ira Kahn |
| Q: I have been court order by the city of San diego in the state of CA. that I need to break down a ... A: this is not exactly my expertise, but you must comply with the court order, and it would seem ... | ||
| Help | 3/4/2008 | Ira Kahn |
| Q: We bought a house and now trying to get out of our lease. Is there any way? A: The landlord, has an obligation to mitigate damages..what that means is, if you move out, they have ... | ||
| Evicting someone on a work/rent deal | 3/4/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| termites | 3/4/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| 30 day notice | 3/4/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| My rental security deposit.... | 3/1/2008 | Ira Kahn |
| Q: On 02-06-08, I was informed that the property I lived in was sold and we had 60 days to vacate ... A: yes, absolutely get a letter from your ex landlord, as your new landlord stands in his shoes. tough ... | ||
| My rental security deposit.... | 2/29/2008 | Ira Kahn |
| Q: On 02-06-08, I was informed that the property I lived in was sold and we had 60 days to vacate ... A: lots of issues going on there. I surmise that you did not have a lease but a month to month tenancy. ... | ||
| Commercial Real Estate | 2/29/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Breaking Lease and Psycho Neighbors | 2/28/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Mold in home that we rent | 2/28/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Statute of Limitations | 2/28/2008 | Ira Kahn |
| Q: Last week I received notification from a debt collector (who did not specify himself as such) ... A: Sorry to hear about your unfortunate circumstance. As you signed the lease, you can be held ... | ||
| Quit Claim deed | 2/27/2008 | Ira Kahn |
| Q: Which is the better way to add a spouse to a home's deed: Quit Claim or Grant,Bargain ? It seems to ... A: deeds may be called different things in differnt states. In NY, you would add your wife as "tenants ... | ||
| Rent Qualifications | 2/27/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Landlord advertising my house | 2/24/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Eviction | 2/24/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| property line | 2/23/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Landlord does not address deposit within 30 days | 2/23/2008 | Jonathan Dever, Esq |
| 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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Real Estate Law (esp. Landlord-Tenant)
Answers by Expert:
Jonathan Dever, Esq
Top Expert on this page
Expertise
Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance
Experience
Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations
Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications
Personal web site and web articles
Education/Credentials
JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors
Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
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