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Real Estate Law (esp. Landlord-Tenant)/Questions

SubjectDate AskedExpert
apartment fire1/18/2009Michelle Mangen
  Q: The maintenance men in my building were thawing pipes with a blow torch and caught my building on ...
  A: John: Hi there! I would say go ahead and inform your agent of what happened. However, based on what ...
Missing Landlord1/18/2009Michelle Mangen
  Q: I live in Pittsburgh PA and since I have moved into my apartment in Nov 2007, I have had no ...
  A: Probably the best thing to do is contact your City's housing department. Most cities have a ...
Buying an apartment unit1/17/2009Jonathan Dever, Esq
  Q: I'm hoping you can answer a few questions and also point me to some resources on the laws about ...
  A: Essentially what you are doing is buying a condo. Single family homes are always better (depending ...
student housing1/17/2009Michelle Mangen
  Q: I share a three bedroom fully furnised town house with one room mate. Our maintance staff came to ...
  A: Tami: That's a tough one, especially with it being on the outside. Is it possible the outside of the ...
Frozen pipe damage to apt. Who pays?1/15/2009Michelle Mangen
  Q: 3 college students leave their large apt building for the holidays; one turns off the heat. Landlord ...
  A: It sounds as though there may be some joint liability there. At the end of the day the insurance ...
Relationship and Real Estate1/15/2009Jonathan Dever, Esq
  Q: My mother has been in a relationship (not married) for almost 20 years. About 15 years ago, she ...
  A: Unfortunately there are not a lot of options if the property is not work how much is owed. a 6k ...
Rental Application1/13/2009Michelle Mangen
  Q: In Texas, is an owner/landlord required by law to inform an applicant of the specific reason(s) why ...
  A: I'm not sure as I am not familiar with Texas. You may google and see if you can find more ...
Neighbor's Dead Tree Damaged My Fence and Playset1/12/2009Michelle Mangen
  Q: I need to know who is liable for repairs to my fence and playset since my neighbor's dead tree fell ...
  A: Probably the best course of action is to report it to your insurance agent and they will handle who ...
Roommate broke lease; wants to use my security deposit to pay penalty1/8/2009Michelle Mangen
  Q: My roommate and I signed a year lease from May 2007- May 2008 in a two bedroom apartment in Rhode ...
  A: I don't know anything about Rhode Island but I would think that you should be able to take this to ...
Landlord rented w/o having deed in companies name1/8/2009Michelle Mangen
  Q: my landlord has taken me to court for back rent I did not pay contingent on that the apartment is ...
  A: I'm not quite sure I completely understand what you wrote about about the illegal basement. It's ...
Early Termination of Lease1/7/2009Michelle Mangen
  Q: I own a home & have a tenant placed on a 12 month lease, from 8/29/08-8/29-09. My husband and I ...
  A: Joanne: It sounds as though things are moving along well with the tenant agreeing to move. If I ...
Carpet replacement cost1/7/2009Michelle Mangen
  Q: Our previous landlords are claiming we owe them for $857.00 for our percentage of their master ...
  A: I'm glad you live in Wisconsin as that happens to the state I know very, very well. Since there is ...
apartment abandonment1/5/2009Jonathan Dever, Esq
  Q: I "had" a tenant that told me via voice-mail (yes I saved it) that he would be out at the end of the ...
  A: You are right to think he will sue you, he will. Take his items to a storage facility. Send him a ...
Carpet replacement1/4/2009Paulette
  Q: Is there a law that the landlord has to replace carpeting in a specific time frame, like say "5 ...
  A: It depends on your state. In California, I believe it's after 2-3 years that tenants wouldn't have ...
Carpet replacement cost1/4/2009Michelle Mangen
  Q: Our previous landlords are claiming we owe them for $857.00 for our percentage of their master ...
  A: Paula: I would love to help you out on this but can you tell me where you live? Also, does your ...
squirrels1/4/2009Michelle Mangen
  Q: I have been telling my landlord about the squirrels in the attic for a year now. I hear them ...
  A: This is a tricky one and I can imagine how frustrating it is. As far as it being neglect you should ...
Deducting late fees from deposit12/31/2008Jonathan Dever, Esq
  Q: I rented an apartment for 2.5 years and most times paid rent 5 days beyond the grace period. The ...
  A: It all depends. I typically do the same thing, and then when the deposit reaches $0.00 I tell the ...
Apartment manager retaliating with Eviction Notice12/30/2008Jonathan Dever, Esq
  Q: Apartment manager is retaliating for complaining about other tenants.Friends of his family or ...
  A: Again, this is a matter for local counsel. Neither the landlord tenant laws nor are the leases moot ...
Pitt Bull12/30/2008Jonathan Dever, Esq
  Q: I have a prospective tenant who has a Pitt Bull dog. My rental unit is located in southern Ca ...
  A: check with a local dog warden. They can tell you whether this dog is classified as "vicious." under ...
Filth12/28/2008Jonathan Dever, Esq
  Q: We have had a tenant for 12 years. Our lease with her was initially on paper (1st two years), but is ...
  A: Being disabled is not a pass to abuse another's property and live in a sty. Send her a notice under ...
voiding lease12/26/2008Jonathan Dever, Esq
  Q: I signed a lease and promises were made as to things that would be done before occupancy, such as ...
  A: The best advice is to seek a local lawyer that understands two things; 1. landlord tenant and 2. ...
Innocent victim of apartment fire12/16/2008Jonathan Dever, Esq
  Q: In my apartment complex the tenant living above me set a small fire in his bathroom,causing the ...
  A: You can't break your lease if your landlord is working to solve the issue, which it appears he is ...
Landlord/tenant security deposit dispute12/14/2008Jonathan Dever, Esq
  Q: I have a long story situation that I will try to shorten up as much as possible for you.I live in ...
  A: No it has to be more than a period tenancy. 30 days if delivered on that day. that was not the ...
RE: Recent Rental Issues12/13/2008Jonathan Dever, Esq
  Q: ACTUALLY YOU NEVER ANSWERED THE QUESTION. IF YOU READ THE OUR CORRESPONDENCE WHICH I HAVE PROVIDED ...
  A: You are not asking anything specific and you do not provide detailed information as to the nature of ...
Security deposit dispute12/12/2008Jonathan Dever, Esq
  Q: My situation I moved into a house October 07 and moved out Oct 08. Right before I moved out the ac ...
  A: Most landlords require the tenant to change the filters, and it will say so in the leases. In the ...
Affidavit of Continuous Marriage12/12/2008Jonathan Dever, Esq
  Q: My spouse died in 2003, I paid off the only debt he owed (in his name) that same year, as it looks I ...
  A: It was, on purpose. It is impossible to offer an estate planning advice without looking at all of ...
Apartment manager retaliating with Eviction Notice12/12/2008Jonathan Dever, Esq
  Q: Apartment manager is retaliating for complaining about other tenants.Friends of his family or ...
  A: The problem is that you let them get the upper hand. You should call the police any time they make ...
Landlord/tenant security deposit dispute12/11/2008Jonathan Dever, Esq
  Q: I have a long story situation that I will try to shorten up as much as possible for you.I live in ...
  A: Good stuff. :) Did you receive anything in writing when you did your walk out? Clearly you sent a ...
NY quick claim/quitclaim/general warranty deed12/10/2008Jonathan Dever, Esq
  Q: My friend's mother lives in NY. She will need to move to a nursing home soon. Her home is paid for. ...
  A: You can't. The look back period begins on the date of the transfer. Call an estate planning ...
Disclosures12/10/2008Jonathan Dever, Esq
  Q: My wife and I recently purchased a home from a seller that is a real estate investor. He purchased ...
  A: It sounds like you have an uphill battle. Take your documents, contract, closing papers, etc. to a ...
Rent / Breaking of Lease12/10/2008Jonathan Dever, Esq
  Q: I moved from Ohio not too long ago for work, I found an apartment in downtown San Francisco but the ...
  A: I love the concept of "Roommate Lemon." I am going to use that! The sad reality of the situation, ...
Affidavit of Continuous Marriage12/7/2008Jonathan Dever, Esq
  Q: My spouse died in 2003, I paid off the only debt he owed (in his name) that same year, as it looks I ...
  A: GO TO A LAWYER IMMEDIATELY! NEVER NEVER use a generic will! There are literally hundreds of ...
lease rights12/6/2008Jonathan Dever, Esq
  Q: I have leased a home in a 55 an older community. When you move in you have 60 days before you need ...
  A: Discrimination, no. Until you are married, it is co-habitation, that is the definition. In the ...
Real Estate Investment in Rental Properties12/4/2008Jonathan Dever, Esq
  Q: Jonathan, I am in the process of setting up an investment vehicle with a few partners with the goal ...
  A: Don't take this the wrong way, but stop trying to do something complicated with a free legal site or ...
Jointly owning rental property12/2/2008Jonathan Dever, Esq
  Q: My husband and his 4 nephews jointly own a rental house which they inherited. He offered a price to ...
  A: I have no idea what you were trying to say, sorry. Simple solution, I'll sat it again. Get THREE ...
access easements12/1/2008Jonathan Dever, Esq
  Q: We have a property with an 66 ft. wide easement. The access easement is for 2 other lots and they ...
  A: There in lies the problem, no rack to hang your hat (did not hire a lawyer). Typically easements to ...
landlord stealing items and putting items out of home and paid rent for longer stay time12/1/2008Jonathan Dever, Esq
  Q: I gave my landlord a 4 month early notice that I will not be siging another term. He came to me with ...
  A: The simple answer is he can't just put your items out, unless you were out by that date. Many ...
access easements11/30/2008Jonathan Dever, Esq
  Q: We have a property with an 66 ft. wide easement. The access easement is for 2 other lots and they ...
  A: I can't tell from what you have outlined without looking at the recorded easement. A survey means ...
sellers default on contract11/29/2008Jonathan Dever, Esq
  Q: One week before our closing date we found out that the people selling us there house sold several ...
  A: Sounds like you are in a tough spot. I presume that you have volunteered this information to the ...
Changing lease after signed & adding on unreasonable fees not in lease11/28/2008Jonathan Dever, Esq
  Q: I live in a town home in Virginia owned by someone else, the landlord was asked in an e-mail if a ...
  A: I have never allowed cats, period. I don't like them personally, they relieve themselves indoors, ...

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Real Estate Law (esp. Landlord-Tenant)

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Jonathan Dever, Esq

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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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