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Real Estate Law (esp. Landlord-Tenant)/Questions
| Subject | Date Asked | Expert |
| deadbeat roommate | 5/26/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Owe money when I did not live in the apartment | 5/24/2008 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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, ... | ||
| Landlord Liability | 5/23/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| the house we are renting is for sale.. | 5/22/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| tenants unknown | 5/22/2008 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 ... | ||
| Foreclosure and Rental agreement | 5/19/2008 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 ... | ||
| Landlord in Chapter 13 | 5/16/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| LLC for a primary residence | 5/15/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| LLC for a primary residence | 5/15/2008 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 ... | ||
| no buyout lease | 5/12/2008 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 ... | ||
| Eviction? | 5/7/2008 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 ... | ||
| Incarceration | 5/6/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Is there a time limitation on collecting damages? | 5/6/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| renting our home. | 5/6/2008 | Jonathan Dever, Esq |
| 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% ... | ||
| rrrenting and insurance liability | 3/31/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| bankrupt and divorce | 3/31/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| title to my home and investment property | 3/31/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| buyer ending land contract | 3/31/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Property Ines/Lot Survey | 3/29/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| breaking a lease | 3/28/2008 | Jonathan Dever, Esq |
| 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. ... | ||
| Landlord-tenant laws | 3/27/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Final Walk through denied. | 3/27/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Noise Preventtion / Carpet Requirement for Upper Floors of Apt Building | 3/26/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Mold in Apartment | 3/26/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| Property Ines/Lot Survey | 3/26/2008 | Jonathan Dever, Esq |
| 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 ... | ||
| identity theft due to unlockable mailbox | 3/25/2008 | Jonathan Dever, Esq |
| 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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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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