| Subject | Date Asked | Expert |
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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. ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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 ...
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| 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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