| Subject | Date Asked | Expert |
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| foreclosure deficiency judgment in AZ | 7/2/2008 | Jonathan Dever, Esq |
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 ...
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| landlord with arbitrary charge | 7/1/2008 | Jonathan Dever, Esq |
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 ...
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| landlord with arbitrary charge | 6/30/2008 | Jonathan Dever, Esq |
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 ...
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| Landlord Issues | 6/30/2008 | Jonathan Dever, Esq |
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 ...
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| Real Estate Ownership LLC | 6/29/2008 | Jonathan Dever, Esq |
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 ...
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| Verbal leases issues | 6/28/2008 | Jonathan Dever, Esq |
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 ...
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| Apartment lease deposit issue | 6/27/2008 | Jonathan Dever, Esq |
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. ...
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| renter's rights | 6/27/2008 | Jonathan Dever, Esq |
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 ...
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| Landlord law suit | 6/27/2008 | Jonathan Dever, Esq |
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 ...
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| Landlord law suit | 6/27/2008 | Jonathan Dever, Esq |
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 ...
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| fraudlent transfer of minerals | 6/26/2008 | Jonathan Dever, Esq |
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 ...
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| Landlord/tenant issue | 6/26/2008 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 ...
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| Verbal leases issues | 6/25/2008 | Jonathan Dever, Esq |
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 ...
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| ex live in girlfriend claims she has legal rights to my property | 6/24/2008 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 ...
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| neighbors house may be on or too close to our property line | 6/23/2008 | Jonathan Dever, Esq |
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 ...
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| help | 6/12/2008 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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! ...
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| question about payment of last month | 6/10/2008 | Jonathan Dever, Esq |
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 ...
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| Property | 6/10/2008 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 ...
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| termites in house i am renting | 6/3/2008 | Jonathan Dever, Esq |
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 ...
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| utility easements | 6/3/2008 | Jonathan Dever, Esq |
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 ...
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| town home fire | 6/3/2008 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 ...
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| Restricted Front Gate Entrance to property | 5/30/2008 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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 | Jonathan Dever, Esq |
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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