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Questions Answered by Nicholas Nelson
1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: I rented a apartment 04/01/2017 paid 800 rent 800 deposit ... Landlord didn't tell me he had a cochroach issue can I sue

I just bought new furniture and put in it ..... he said that he was aware that he had cochroach problem but didn't tell me... I had to leave my apartment for a day when they bug bombed the apartment have chemical all over my new furniture.... The landlord doesn't feel that he should have... View More

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

A rental property for residential purposes must be habitable for human living. A tenant may seek damages for costs related to making the property habitable and the consequences thereof and offset rental costs in proportion that the inhabitability reduced the justified expectations under the lease... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Q: I just bern served a notice of intrntion to evict notice .. Do i have to vacate in 3 days or can i go to court
Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

If you do not vacate in 3 days, the landlord may bring an eviction (forcible detainer in legal speak) hearing. During such a hearing, each party will have the opportunity to argue their side. See North Dakota Century Code 47-32. Note that this is general legal information and should not be... View More

2 Answers | Asked in Child Custody for North Dakota on
Q: In the state of nd. If a parent that has crimal records have rights to the children in a divorce??
Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

In North Dakota, the court often determines custody among parents using the 12 best "interest of the child" factors stated in North Dakota Century Code 14-09-06.2. Other law could apply to your situation. An attorney cannot provide adequate legal representation without first meeting... View More

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2 Answers | Asked in Child Custody and Child Support for North Dakota on
Q: The Court issued Child support for a child that was not established in a paternity test.

My Husband is an alleged Father, but my husband wants to establish paternity and have the custody options if results are positive or have child support removed if results are negative. Is this an option? Child support is for ND, however we are Residents of SC. He did not attend the original hearing... View More

Nicholas Nelson
Nicholas Nelson
answered on Jan 2, 2018

More information is needed to adequately answer. That being said, a paternity test may relieve your husband from child support. The court may also consider whether your husband holds out the child as his own and acts in a fatherly capacity. Another state will enforce a custody order from another... View More

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2 Answers | Asked in Internet Law, Consumer Law and Landlord - Tenant for North Dakota on
Q: AD FOR RENT AT $500 WHEN I CALL PROPERTY OWNER THEY SAY NO ITS $600. CLAIMS DOESNT MATTER WHAT AD SAYS.

WOULD THIS FALL UNDER FALSE ADVERTISING IN NORTH DAKOTA?

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, an advertisement is not binding unless it states something along the lines of "while supplies last" or "to the first 10 people". Without such language, the advertisement is referred to as an "invitation to officer" as opposed to an offer. If the court... View More

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2 Answers | Asked in Child Support for North Dakota on
Q: My ex-husband and I are working on getting back together. How do we stop child support?
Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Here is the North Dakota Century Code provision on agreements that attempt to waive child support. NDCC 14-09-09.32

Here is the NDCC provision on review of child support obligations. NDCC 04-09-08.4.

Note, this is general legal information, and additional law may apply to your...
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2 Answers | Asked in Animal / Dog Law for North Dakota on
Q: Someone employed by the same company as me just kicked my dog. Is there anything I can do to said person?

My dog (8 lb shihtzu) is at work with me. He was barking at a male employee and said employee was yelling at my dog making him bark even more. When I heard this, I went into the room and saw said employee kick my dog. I'm not sure if he's hurt, I don't think he is. But I just... View More

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, a person may be held liable for their intentional acts that results in physical or financial harm to another or his or her property. When there is no real injury to speak of, a court may dismiss the case or award nominal damages. This is general legal information and should not be... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for North Dakota on
Q: A 19yr old is at a private party and isn't drinking alcohol. 21 year olds are drinking. If cops arrive can 19yo be fined

Can the 19 year old be foned for being in proximity to an open container?

Nicholas Nelson
Nicholas Nelson
answered on Dec 18, 2017

Here is the North Dakota Criminal Code on a "minor in possession". North Dakota Criminal Code 5-01-08. Good luck!

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