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Real Estate Law (esp. Landlord-Tenant)/Questions
| Subject | Date Asked | Expert |
| Earnest Money | 8/21/2008 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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 | Jonathan Dever, Esq |
| 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. ... | ||
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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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