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Real Estate Law (esp. Landlord-Tenant)/Questions
| Subject | Date Asked | Expert |
| Renter terminating lease early | 11/27/2008 | Jonathan Dever, Esq |
| Q: I live in an apartment in Parker Colorado. Recently my neighbor and I have run into some issues with ... A: Most states do not address the early termination issue directly. Most of the time, the contracts ... | ||
| Owner/Manager will not deal with garbage issue | 11/26/2008 | Jonathan Dever, Esq |
| Q: I live in a small 16 unit community which is owned and managed by an individual and his assistant. ... A: Frustrating I understand. Unfortunately, unless the landlord is violating some law, there is little ... | ||
| Rent Past Due/Judgement Won | 11/25/2008 | Jonathan Dever, Esq |
| Q: Our tenants moved out 1 month early with no notice & owing us over $2k. We filed civil case & won ... A: Do not send anything to the employer's address. File a motion for a debtor's exam & file a ... | ||
| default, foreclosure, eviction | 11/23/2008 | Jonathan Dever, Esq |
| Q: my apartment building has been in default for several months now with the different companies ... A: IF you do not pay rent, you can be evicted, simple as that. The landlord is entitled to the rent ... | ||
| land contracts in CA | 11/21/2008 | Jonathan Dever, Esq |
| Q: One more question I forgot to ask. Are Land Contracts required to be recorded in CA? A: Land Contracts are not required to be recorded in any jurisdiction. As between the Vendor and ... | ||
| recourse land contracts in CA | 11/21/2008 | Jonathan Dever, Esq |
| Q: I live in CA and am trying to sell a house. It seems that me best way to compete with this market ... A: Land Contracts are not the best method (although most frequently utilized and/or recommended by ... | ||
| landlord selling | 11/21/2008 | Jonathan Dever, Esq |
| Q: I saw online that the home we are renting was just put on the market. The landlord has not yet ... A: Last time I checked, you can sell anything you own without permission from a 3rd party. Common ... | ||
| No landlord signature, terminating a lease early | 11/20/2008 | Jonathan Dever, Esq |
| Q: I moved into our apartment at the beginning of this year (September) it is a student rental in NY ... A: You are held to the lease absolutely. Agents can sign on behalf of a landlord. If that were not the ... | ||
| carpet replacment | 11/19/2008 | Jonathan Dever, Esq |
| Q: I rented a home for over six years and each year the landlord would request an increase in the rent ... A: It all depends on where you live and also whether she followed the statute on deposits. Call a ... | ||
| 1st time renter from private owner | 11/19/2008 | Jonathan Dever, Esq |
| Q: I generally rent from an apartment complex. But now has taken interest in a duplex in Denver that is ... A: Whether it is a complex or a "private owner," the landlord tenant statute is your protection. The ... | ||
| Mother passed away left house | 11/18/2008 | Jonathan Dever, Esq |
| Q: My mother passed away and she was sued for a auto accident and house was put in probate and after ... A: You need to talk this over with a local attorney. There are more issues here than simple landlord ... | ||
| pets | 11/18/2008 | Jonathan Dever, Esq |
| Q: our rental agreement says nothing regarding pets, we have had 1 dog for 3 years & another for 8 ... A: The landlord can raise the rents, as long as there is no contract that says otherwise. Typically ... | ||
| Failure to Disclose/Fraud | 10/8/2008 | Jonathan Dever, Esq |
| Q: My mother purchased a home and soon after learned that the seller failed to disclose the home was ... A: I really can't tell you more than what is offered without a review of your case, as I am sure you ... | ||
| Failure to Disclose/Fraud | 10/7/2008 | Jonathan Dever, Esq |
| Q: My mother purchased a home and soon after learned that the seller failed to disclose the home was ... A: What did the title report indicate? If there was a state project, I bet that would have been in the ... | ||
| Section 8 drug-related in and out of Section 8? | 10/7/2008 | Jonathan Dever, Esq |
| Q: I had a tenant that I had to evict, long story. The house I had was under Section 8; however, the ... A: Well that completely changes any previous answer I gave. If your sister is causing harm to herself ... | ||
| Roommate wanting to move out --no lease | 10/6/2008 | Jonathan Dever, Esq |
| Q: My roommate, a graduate student in fine arts, is terminating our unsigned roommate agreement and he ... A: An oral agreement would hold up in Court if it goes that far. The security deposit is meant to ... | ||
| Utilities and easements | 10/5/2008 | Jonathan Dever, Esq |
| Q: A neighbor wants to bury utilities and a pole for his conveniene and has a building contractor to do ... A: This sounds like something you need to talk over with your neighbors first. Try working with them. ... | ||
| net lease | 10/1/2008 | Jonathan Dever, Esq |
| Q: I live in a mobile home park and the landlord is now using a net lease. He writes his own tax bills ... A: Interesting. I have never heard of a mobile home operator using a net lease. That does raise a FEW ... | ||
| Stolen Items | 10/1/2008 | Jonathan Dever, Esq |
| Q: Recently my landlord told me that they will be putting in a new kitchen. All new cabinets, sink and ... A: If you have insurance, you may consider reporting it to the insurance carrier. You also might have ... | ||
| Land contract default | 10/1/2008 | Jonathan Dever, Esq |
| Q: I purchased a home on land contract as an investor 2 years ago, a down payment was paid and my ... A: Offer to rescind the land contract. If you stop payment, their only recourse, if you are less than ... | ||
| Verbal rental agreement | 9/30/2008 | Jonathan Dever, Esq |
| Q: My son is in college in Lubbock, TX and we co own a house with him. He has a roommate, (no written ... A: Yes it is true, but he is a fool if he thinks he has the upper hand. Do the eviction, get a ... | ||
| Apartment Carpet | 9/30/2008 | Jonathan Dever, Esq |
| Q: I lived in my apartment for three years and have recently moved away. My apartments are saying the I ... A: Send copies to the landlord explaining the circumstances, and send it certified. If they sue, use ... | ||
| We broke lease, LL leased out again | 9/30/2008 | Jonathan Dever, Esq |
| Q: My brother and I leased an apartment for $2600. I was forced to move out of state, so we broke our ... A: A landlord has a duty to mitigate damages when confronted with these situations, and you are liable ... | ||
| sold & higher mortgage put on house than what is owed on the land contract | 9/28/2008 | Jonathan Dever, Esq |
| Q: What she happen when a land contract is sold to a second party and they put a higher mortgage than ... A: Good question. Unfortunately, without looking at the documents, I cannot tell what your rights and ... | ||
| Month-month tenancy notice by landlord. | 9/27/2008 | Jonathan Dever, Esq |
| Q: My client's landlord gave him a 30-day notice on a month-month tenancy. Is the tenant required to ... A: They can always leave earlier if they choose. If they elect to do so, have them send a certified ... | ||
| Stolen Items | 9/26/2008 | Jonathan Dever, Esq |
| Q: Recently my landlord told me that they will be putting in a new kitchen. All new cabinets, sink and ... A: Have you searched everywhere first? It is possible that it was moved. If you can't find it, call ... | ||
| Deceased Tenant | 9/22/2008 | Jonathan Dever, Esq |
| Q: Tenant passed away. Seven months remain on lease. Have offered to sell the property and terminate ... A: Does your lease specify that death does not extinguish the obligation? Did the heirs sign the lease ... | ||
| Landord has refused signage | 9/22/2008 | Jonathan Dever, Esq |
| Q: We opened a restaurant 2 months ago. In our lease, the landlord approved a rendering of a sign. We ... A: If you have already filed suit, speak with your attorney on the matter. If you do not have one, get ... | ||
| Evictions & Servicemembers' Civil Relief Act | 9/20/2008 | Jonathan Dever, Esq |
| Q: I’m looking for a simple explanation from the landlord’s point of view of the eviction restrictions ... A: Understood, this is a new problem that has serious consequences. Most state landlord tenant ... | ||
| NJ Law on Bedroom Locks in Rental Units | 9/14/2008 | Jonathan Dever, Esq |
| Q: I am a landlord of a 2-family house in New Brunswick (NJ) and would like to know where I can find ... A: Something of this nature would likely be in your local building regulations. It will not be a ... | ||
| non smoking rules i renting | 9/10/2008 | Jonathan Dever, Esq |
| Q: I moved into an apartment about a week ago. The landlord failed to state orally or in writing that ... A: Not likely. With the anti smoking band wagon sweeping across the nation, landlords can make ... | ||
| Land Contract Issue | 9/9/2008 | Jonathan Dever, Esq |
| Q: I sold a property via land contract and after 15 months the purchasers were unable to continue ... A: Yes if you like. You could take them to small claims court. But first, call them, thank them for ... | ||
| renters | 9/8/2008 | Jonathan Dever, Esq |
| Q: We have been renting this home in st. petersburg Florida for about 15 years. We have always paid ... A: Rent increases are perfectly legal. There is no recourse. You have three choices: 1. leave 2. sign ... | ||
| Michigan - private beach vs public thoroughfare | 9/2/2008 | Jonathan Dever, Esq |
| Q: A piece of beach that sits down a bluff from a home is situated in between 2 beaches that are owned ... A: Perhaps. One question, why do we resort to litigation to solve a problem? The reason for the ... | ||
| Security Deposit | 9/2/2008 | Jonathan Dever, Esq |
| Q: I manage property for a landlord/investor. He purchased the property a year ago from a prior owner ... A: The prior landlord should have either credited you the security deposit plus interest on the HUD or ... | ||
| Sale with assignment of leases | 8/30/2008 | Jonathan Dever, Esq |
| Q: I recently sold my mobile home park. I sold the park with no warranty at all, as is, where is. I ... A: You were to provide the deposit money to the new owner. If you did not, then it remains your ... | ||
| Fraud | 8/27/2008 | Jonathan Dever, Esq |
| Q: I recently discovered that my landlord has filed his building as a (3)Three Apartment private home ... A: Clearly, your demeanor, inability to pose a clear question, and your use of profanity demonstrate my ... | ||
| Is Burglary Negligence? | 8/26/2008 | Jonathan Dever, Esq |
| Q: A few prior break-ins have occurred in the apartment complex I live in. The landlord did not notify ... A: Probably not. If the front door failed to lock, or the windows could not lock AND the landlord had ... | ||
| breaking rental lease agreement | 8/24/2008 | Jonathan Dever, Esq |
| Q: I just had my first baby and having problems paying rent. I will have to move in with family and ... A: Landlords have a duty to mitigate damages. That means they must try to relet the unit if you cannot ... | ||
| Co-Op | 8/23/2008 | Jonathan Dever, Esq |
| Q: Bought my co-op as an insider in '90. I put it in my son's. name. It is and has been is alone for ... A: The right direction is a lawyer. You can always afford that which you need with a little planning. ... | ||
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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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