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Kansas Questions & Answers
1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Can the owner of a mobile home park sell a home I own? I am current on rent.

I owe one months water, which was refused when payment was attempted

James L. Arrasmith
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answered on Apr 16, 2024

No, the owner of a mobile home park cannot sell a home that you own, even if you owe rent or water payments. As long as you have proper ownership documentation for the mobile home itself, the park owner has no legal right to sell your property.

However, if you are behind on rent or water...
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1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Am I considered a tenant or a guest?

I've stayed at an Extended Stay Hotel for over a year. My state ID has the address of the hotel as my permanent residence and I receive mail here. I recently lost my job and cannot make a payment. Will I be kicked I out immediately or am I given tenant rights?

James L. Arrasmith
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answered on Apr 16, 2024

The distinction between being a tenant and a guest in a hotel setting depends on various factors, including state laws and the specific circumstances of your stay. Typically, hotel guests do not enjoy the same rights as tenants in traditional rental agreements. However, staying at a hotel for an... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: My landlord is trying to get over 3000 dollars out of me for damages and extra rent after he illegally evicted me.

He never did an inspection on the house before he became the landlord. I will say there is one thing in the hosue that I did damage but the landlord refused to let me fix it because he wants it professionally done. Throught the process he has been harrasing me for extra things.

James L. Arrasmith
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answered on Apr 16, 2024

In your situation, it's important to know your rights as a tenant. If your landlord evicted you illegally and is now charging for damages and additional rent, you should first gather all relevant communication and documentation related to your tenancy and the eviction. This includes any lease... View More

1 Answer | Asked in Social Security for Kansas on
Q: Was approved for disability in 2021. My award letter states my disability began in 2015. Am I due benefits back to 2015?

The eod states 2015. Should I appeal claiming benefits back to 2015?

James L. Arrasmith
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answered on Apr 13, 2024

It's important to understand that Social Security Disability Insurance (SSDI) benefits are typically paid starting from the sixth full month after the date the Social Security Administration (SSA) determines your disability began. This is known as the "five-month waiting period."... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Kansas on
Q: Are CPN's or RIN'S legal to use to lease property? I'm having trouble renting with a past eviction. I'm also disabled.

Am I required to provide my ss# to rent a property ? Privacy is also a concern.

James L. Arrasmith
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answered on Apr 13, 2024

I understand you're in a challenging situation, but I want to advise against using a CPN (Credit Privacy Number) or RIN (Rental Identification Number). Here's some important information:

- CPNs and RINs are not legally recognized alternatives to Social Security Numbers (SSNs)....
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1 Answer | Asked in Bankruptcy and Business Law for Kansas on
Q: Is it okay for me to treat as a Sole/IC after I closed my business and filing bankruptcy from business?

I closed my chiropractic business (LLC filing as S-Corp) and I was the owner and chiropractor (w-2 employee) due to financial issues, I still owed 8 months in a lease and many other bills causing me to seek out filing bankruptcy, which I have an attorney but is out this week and some things just... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you provided, it seems like you are in a difficult financial situation and are trying to find a way to continue practicing as a chiropractor to support yourself. However, there are several legal and ethical considerations to keep in mind:

1. Bankruptcy proceedings:...
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1 Answer | Asked in Employment Law, International Law and Immigration Law for Kansas on
Q: Hi, as as international student are we allowed to do self employments? Like digital marketing, monetizing social media??
James L. Arrasmith
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answered on Apr 2, 2024

As an international student in the United States on an F-1 visa, there are restrictions on the types of work you can do. In general, you are not allowed to engage in off-campus self-employment like digital marketing or monetizing social media. However, there are a few exceptions:

1....
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1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Can a landlord keep the security deposit for normal wear/tear and neglect on their and property management's part?

Landlord said they need to repaint (after telling us not to touch up paint) what was noted as normal wear & tear on the move out inspection...said there was a leak in a bathroom when there were no signs of a leak during the move out inspection (likely caused by frozen pipes)...said they need to... View More

James L. Arrasmith
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answered on Mar 26, 2024

In most regions, landlords cannot deduct from your security deposit for normal wear and tear. Repainting walls after a standard rental period typically falls under this category. However, they can charge for damages that go beyond normal wear and tear. The distinction between these two can be... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Kansas on
Q: I reported to police that I was sexually assaulted. The DA decided to dismiss. How can I have the case reopened?

A friend of my now x-boyfriend forceably and physically sexually assaulted me at a karaoke bar while the boyfriend stood not more three feet away laughing. The DA dismissed the case. The karaoke bar has cameras but when asked by an investigator the bar told him they didn’t have it knowing a... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you feel that your case was unjustly dismissed, you can start by contacting the prosecutor's office to express your concerns and request a review of the decision. You can ask for a meeting to discuss the evidence and the reasons for the dismissal. It's also helpful to bring any new... View More

1 Answer | Asked in Family Law for Kansas on
Q: How do I challenge a guardianship and request to be successor guardian/conservator of my adult disabled son? What steps
James L. Arrasmith
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answered on Mar 23, 2024

To challenge a guardianship and seek to become the successor guardian or conservator for your adult disabled son, you must begin by understanding the legal procedures in your state. First, research or consult with an attorney to gather information about the necessary legal forms and documents. You... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Legal Malpractice for Kansas on
Q: It's been 153 days and still no preliminary hearing for a felony traffic stop in Kansas. What can be done about it?
James L. Arrasmith
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answered on Mar 22, 2024

If you're facing delays in your preliminary hearing for a felony traffic stop in Kansas, it's important to understand your rights and options. Legal processes can experience delays due to various reasons, including court backlog, legal complexities, or issues related to evidence... View More

1 Answer | Asked in Health Care Law, Personal Injury and Workers' Compensation for Kansas on
Q: Can my health insurance carrier legally compel me to file a workers compensation claim for my workplace injury in Kansas
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. Although you're awaiting a response, you should consider reaching out to experienced workers' comp attorneys in your state to discuss this. As a general matter, insurance carriers will often deny coverage... View More

1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: “ I——- do solemnly swear that I will faithfully, impartially and to the best of my ability discharge all duties of my

Trust according to law as executor Of the last will and testament of—— deceased and I am acting on my own behalf and not on behalf of any bank or corporation which is not authorized to act as fiduciary in the

state. Does this mean I give up my right as executioner of the estate?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 19, 2024

The language you included in your question is standard language for the oath of an executor that has to be filed with the court before the named executor is issued letters testamentary that give the executor the power to act.

The language does not give up a named executor’s right to...
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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Native American Law for Kansas on
Q: Trying get building permit through county that I pay taxes to but being told that I've to go through tribe since on res.

Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.

James L. Arrasmith
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answered on Mar 14, 2024

I understand this must be a frustrating situation. The issue of jurisdiction on reservation land can be complex, even when you personally own the property and pay taxes to the county. Here are a few thoughts and suggestions:

Tribal Sovereignty: Native American tribes are considered...
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1 Answer | Asked in Contracts for Kansas on
Q: can I cancel my pip auto claim in Kansas
James L. Arrasmith
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answered on Mar 9, 2024

Yes, you can cancel your PIP (Personal Injury Protection) auto claim in Kansas. Here are the steps you should follow:

1. Contact your insurance company: Get in touch with your insurance provider as soon as possible and inform them about your decision to cancel the claim.

2. Provide...
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2 Answers | Asked in Collections for Kansas on
Q: limited action case from '07. in'14 it says case inactive. this week '24 they garnished my check. is this legal?

shawnee county kansas case number 2007LM020351

its a 2007 case. in 2014 in says case is inactive, then this week in 2024 they garnished my check. is this legal? what can i do about it?

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 8, 2024

This can be confusing, I'll agree. What likely happened is that the creditor obtained judgment against you. When the judgment is entered the lawsuit is over. Judgments are generally valid for a long time, in many states its 20 years. Usually, a garnishment is a post-judgment action - the... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kansas on
Q: Father passed but my name and siblings name on deed. Can we quitclaim our portion to our cousin who lives in the home?

My father was married about two years before passing. Spouse has stopped talking to us/our family. There’s also a Medicare lien on the house. My sister and I don’t want to be on the deed. Can we just quit claim the deed to our cousin who has been living in and caring for the home since before... View More

Anthony M. Avery
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answered on Mar 4, 2024

Hire a MO attorney to search the title and determine ownership as well as encumbrances. Surviving Spouse is probably an heir also. An Affidavit of Heirship might need to be recorded. Depending on the liens and property value, a Partition Action might be advisable. Even if you transfer your... View More

2 Answers | Asked in Immigration Law and International Law for Kansas on
Q: Hi, I am an international student. I have some questions: 1. Am I allowed to invest in stocks (not full-time ofc)?

I have wanted to invest in stocks but am hesitant since I am on F1 status. How will I be able to do it if I am allowed to?

2. Also, When can I start filing for citizenship? what are the requirements?

Kevin L Dixler
Kevin L Dixler
answered on Mar 3, 2024

You ought to also consult with your DSO before you make any decision. They also decide whether you violate the terms of your F1. Nevertheless, active self-employment may include researching companies that issue stock for your own personal financial gain.

That means that any remuneration...
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2 Answers | Asked in Immigration Law and International Law for Kansas on
Q: Hi, I am an international student. I have some questions: 1. Am I allowed to invest in stocks (not full-time ofc)?

I have wanted to invest in stocks but am hesitant since I am on F1 status. How will I be able to do it if I am allowed to?

2. Also, When can I start filing for citizenship? what are the requirements?

James L. Arrasmith
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answered on Mar 4, 2024

As an international student on F1 status, you are indeed allowed to invest in stocks in the United States. Your visa status does not restrict you from owning stocks or earning dividends from such investments. However, you should be mindful of the regulations regarding taxation, as income from... View More

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1 Answer | Asked in Contracts, Business Law and Civil Rights for Kansas on
Q: Can I sue a business/ owner for selling sofas they agreed to buy from me. But then never paid me and they sold them.

They show on their fb they sold but they said they returned them to me by putting them in a storage unit they gave me acess to pick up. But the unit was locked by company for nonpayment. Which I never agreed to return in first place and know they are not in there because the storage lady allowed me... View More

James L. Arrasmith
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answered on Mar 2, 2024

Yes, you can potentially sue the business/owner for this situation based on a few different legal theories:

1. Breach of contract - There was a clear agreement to purchase the sofas, but they failed to pay you as promised. This constitutes breach of contract, giving you the right to sue for...
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