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I'll see the inside of a condo rental today, pay security/key deposit. Owner also wants 1st months rent. Current tenants still there until 6/30. Owner to clean carpet, have it ready 7/3. How do I know for sure it will all be clean and ready for me to move in on 7/7? Wait to pay 1st month after... View More
answered on Jun 26, 2018
Sounds like a catch-22 to me. If you are ready to move in, and pay the deposit and first month's rent, and the place is not up to snuff when you try to move in, you may have to wait or try to cancel the contract. On the other hand, if you don't pay in advance, the owner can claim that... View More
Attorney appointed by insurance co. This matter has always involved real estate. I was abandoned by this attorney two years ago, but my husband continued to try to resolve this. It's not going to happen. We have lost a strong six figure amount of provable money out of our pockets. Please advise.
answered on Jun 26, 2018
I can't tell with the short facts that you have stated, but it sounds like your attorney may not have been competent, especially if he only recently stated that you should see a real estate attorney. I wonder if the attorney had a real estate license of broker's license. At any rate, I... View More
answered on Jun 26, 2018
Generally, the ruling on an Arbitration ends the matter. In some cases a ruling can be appealed to the Court system if some form of fraud has been committed during the Arbitration. In most cases the Arbitrator has wide discretion on making his ruling, and it usually cannot be challenged.
answered on Jun 26, 2018
It depends on many factors:
The type of case that is being arbitrated; The number of parties involved in the Arbitration;
The amount of evidence, and number witnesses that will be allowed;
The amount of the damages; The experience and abilities of the Arbitrator;... View More
In new york city. Upper West Side, not a rent controlled building.
answered on Jun 25, 2018
New York probably has different laws than California. I have never heard of an "implied lease." A contract on leased or rented real property specifies either that it is a month-to-month rental, or a lease for a specific term (e.g. one year). Some contracts state that a one year lease... View More
Grantor has dementia and is in an assisted living facility. Trustee is one of 4 beneficiaries, wants to use trust funds to purchase vacation/rental property. Is this legal, and if so does he need agreement of all beneficiaries?
answered on Jun 25, 2018
The most important question is: Does the grantor have a Durable Power of Attorney, signed prior to the dementia, or a court order creating a conservatorship for the Grantor? If there is a signed Durable Power of Attorney, the person who singed the DPOA becomes the attorney-in-fact for the... View More
answered on Jun 25, 2018
You have left out many details of the accident and your injuries:
Is the minimal damage to the car or to you, or both? If medical care was $3,000, you are entitled for those to be paid by the other party's insurance, assuming he or she was at fault in the accident. Your... View More
answered on Jun 25, 2018
Without knowing much about the type of case or ruling you are talking about, I believe that your filing of a motion for reconsideration automatically stays the ruling until the motion is heard and decided. I'm not quite sure on this.
Received a letter from a law firm representing my HOA telling me this is what will happen if I don't remove a storm shutter from my screened porch (which has been there 4 years)
answered on Jun 24, 2018
Nearly all HOAs have a set of CCRs that require disputes with the HOA to be submitted to some form of ADR (alternative dispute resolution) before the matter can go to Court. The letter from the law firm was advising you that you must submit your dispute to Arbitration. If it is not resolved at... View More
He designed the backyard fence to make it look like the backyard ends about 18 feet before it actually does. This creates an area that he can back his rv trailer into. He had moved the trailer when I viewed the house .And there is nothing in the lease about him staying on the property. He lives in... View More
answered on Jun 24, 2018
It seems that you were not aware that the lot you rented did not include the extra 18 feet that the landlord now uses for his trailer. If that was not set forth in the lease, then it sounds like he committed fraud. However, I am not clear whether you leased a house or a mobile home or a trailer.... View More
answered on Jun 24, 2018
I don't know the answer, but I would guess that it depends on 1) the skill game machine; 2) whether the sate where the Bar is allows the sale of marijuana; and 3) whether the Bar allows such a prize to be given to a minor. That's the best I can do.
They didn't give me the right key and i signed the lease Thursday and now Sunday they want to give me the key.
Plus they forgot to give me another control for the garage, how unprofessional.
answered on Jun 23, 2018
It sounds like they gave you the wrong key inadvertently, but agreed to give you the correct key the following day. I would think one day of waiting wouldn't be too inconvenient for you. Nonetheless, you can ask the landlord to cancel the lease, especially if you do it immediately, and have... View More
answered on Jun 23, 2018
I believe the party wishing the default to go forward must wait for a decision on the Hearing on the Motion to Set Aside the Default before a ruling is made. The good news is that most Motions to set aside defaults are reversed in favor of the moving party, unless the moving party (i.e. you) have... View More
I have filed a Motion for Reconsideration of a Ruling against me that won't be heard for months from now. How do I get the Court to Stay the Ruling pending the Hearing of the Reconsideration Motion?
answered on Jun 23, 2018
I believe you simply have to wait until the motion for reconsideration comes up for hearing. In the meantime, if there is some urgency going on, you might file for a restraining. However, I don't know much about your case, so this is only a case. Also, not every Court rules the same way.... View More
The lease has a sign agreement that they can put up a For Sale or For Rent in our front yard. The owner, however, put "NA" as the number of days before which the sale is to occur that they can put the sign in the yard. Is that provision of the lease still valid or is there a standard that... View More
answered on Jun 23, 2018
Without seeing your lease, I assume than any provision that is left blank goes against the landlord, as it does not give you notice of when the house may be shown. I would call the landlord on it if, and treat it as a void provision. That may force the landlord to change the wording of the lease.... View More
My parents bought a house together. While they were still married, they sold it to my Aunt. They (both names on all) have a personal 30 year mortgage with her, where she pays them directly monthly.
My parents got separated 10 years ago and my Father has been receiving the payment for the... View More
answered on Jun 23, 2018
Well, at least I have more information to work with. Still need to know who has title to the house. Was a quitclaim or other deed recorded in the County Recorder's Office in your aunt's name? Was the mortgage recorded with the County Recorder by your Aunt? So, since your parents have... View More
Me and my girlfriend brought a house together 17 years ago we both signed to pay the Mortage on the
house. she has now left and moving up north is she still legible to pay half of the mortage payment as I am
answered on Jun 23, 2018
Probably. However, it also depends on whether or not both of your names are on the deed to the house, and if both your names are on the mortgage. It is pretty hard to get your name off of a mortgage agreement. If your girlfriend has left for good, then she may feel that she is not obligated on... View More
My father has solely been receiving payment for the last 12 years (parents have been separated legally for 10 years).
Post official divorce my mother instructed my Aunt to start paying her instead.
My father is now threatening to foreclose on my Aunt.
Can he foreclose on... View More
answered on Jun 23, 2018
Your facts are a bit confusing, but here is what I am getting: You do not specify who is currently paying your father on the mortgage, nor how much per month he is being paid. The divorce papers should have included instructions on who gets what property, and how payments would be made, and who... View More
And was adopted by a new family that isnt willing to return her?
answered on Jun 23, 2018
You have given too few facts for me to give you a good answer. I need to know:
1. Why and how the dog was taken to the shelter, and by whom;
2. How long ago did this happen?
3. How long were you out of town?
car is parked under tree on street in front of my house. The tree was planted by the city 50 yrs ago.
answered on Jun 22, 2018
It may depend on whether or not the tree is growing on the curb-side of the sidewalk or not (if there is a sidewalk there). If the tree is on your property, and it is dropping berries on your neighbor's car, you might take the position that your neighbor does not have to park under that tree.... View More
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