| Subject | Date Asked | Expert |
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| 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 ...
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| 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 ...
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| 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, ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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% ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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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