I'm purchasing a property that requires owner occupancy, but property has 2 tenants with leases until next year. I have 60 days to owner occupy. How can I legally occupy the home within 60 days when the tenants have contracts in place?
Does Subpoena for employment records in personal injury case (claiming loss of income) only include demand for salary history? Or does it include complete employment records including all job applications and resumes kept at each employer?
Usually, it will include all records, not just salary history. Defense attorneys love to dig through employment records and medical records. If you need the scope of the subpoena limited, you may need to (promptly) make a motion for a protective order. Before making such a motion, you must make...Read more »
My mother passed. Recently she added my brother as joint owner of her property as I confirmed with the county assessor. I am not sure if they contacted the mortgage lender to add him on the loan as he is unemployed and I doubt would qualify. If there is no will or trust does the entire property go... Read more »
If he was added as "joint tenants", he gets it all. If he was added as "tenants in common", you and your sister get 1/3 of her half (probate likely required). If he was listed as "transfer on death", he gets it all. This assumes you, your sister and your brother are the only heirs.
The short answer is yes, you can get your father's share. Figuring out what his share is, is not so simple. It depends on how title to property and accounts was held, and whether there is a will or trust.
if she thought it was continued because of what the online portal said. She also says in her motion she was CERTAIN it had been continued. And yet, she didn’t call or actually verify with a court clerk. I thought it was continued too but when I called I got them after hours so I went up anyway... Read more »
It states that the owner can require us to leave if they, their spouse, partner, children, grandchildren, (family want to move in). It says that if they enact it that all they are required to do is pay us 1 month worth of rent, Then she said, don't worry, it won't happen but the owner... Read more »
Sorry for your loss. Your question appears in the California section, although you appear to be in Florida. This answer ONLY applies to property in California. If the deed was given to you, or recorded, prior to her death, then you may not have to go through probate. Whether probate is...Read more »
Defamation, called other tenants work when asked not to . Spread lies to other neighbors. I’ve filed a police report for harassment. Should I take my eviction to court and how do I know I have a good case before goin to court
You may very well have the right to stay. California law provides that after all the tenants in a unit have continuously and lawfully occupied the property for 12 months or more, or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord...Read more »
I signed a lease in March before the Pandemic officially hit USA, I asked to be released in April (due to financial instability from the pandemic lay offs) and they told me no. A month later I received confirmation that my lease had just been signed and executed, I also received my copy of the... Read more »
You may very well be able to. The general rule is that an offer may be withdrawn before it is accepted. The devil is often in the details, so you would be well advised to have a consultation and document review with a qualified attorney, given the potential amounts in play.
Sell it. In the will no one was supposed to live in the house. It was to be sold. Now my uncle has cancer and my cousins are saying that my mom has no rights to the house. What can we do? They are being shady and greedy. I don't care about the money it's my mom's house also. They... Read more »
In addition to Ms. Whitehurst's excellent analysis, it is important for you to have an attorney review the chain of title. Some significant questions are whether probate was necessary or undertaken, whether your uncle was executor/administrator, and whether the quitclaim deed was given before...Read more »
If you are talking about a guest staying with you, yes. A lot of leases do specify the limit to the amount of time a guest can stay. Usually it is a number of days in a given period of time, like "25 days per year" or "3 weeks every 6 months". Your first step needs to be to review your lease.
There is no time limit for what you describe. Ownership does not automatically change (except for death). Unless the other party agrees to transfer their interest, you will have to file a court action.
I won a small claims court case in the sum of $9150 several months ago and the defendant is refusing to pay me. How can I collect this payment or is there someone/some company that can help me attain this?
The courts do not "make" people pay judgements, but there are procedures you or your attorney can use. It helps if you are aware of the debtor's assets, like a bank account. If they own real estate you can file a lien. If they are working you can "garnish" their wages....Read more »
How you should proceed depends a lot on the terms of the trust. Without a review of the trust and an understanding of facts such as how many beneficiaries and their relationship, no lawyer can answer your question. A major consideration would be preserving the parent to child reassessment for...Read more »
No. Assuming you have a binding written agreement of sale, you can not breach the agreement simply because there is a pandemic. What "penalties" would apply, and whether your agreement is actually binding, are things an attorney would need to review with you.
Early this month my apartment caught on when I wasn't there. Fire department said it was an accidental due to my negligence. The landlord terminated my lease. He said was gonna keep my deposit and make an insurance claim on the unit. I understand all that. My rent was paid until August. When I... Read more »
If the cause of the fire was your negligence, you may have serious problems. If you have renter's insurance, turn this over to them immediately. They will provide a legal defense for you, and if you have enough coverage, they will pay any amounts you end up owing. If you do not have...Read more »
You must not ignore the summons. Turn it over to your insurance company right away, along with a copy of the form you filled out and turned in to the Department of Motor Vehicles when you sold it. Be sure not to miss any court deadlines.
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