Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Peter J. Weinman
2 Answers | Asked in Real Estate Law for Maine on
Q: I bought a piece of property in Maine in 2008. It was broken off from a larger piece of property.

I am now trying to sell this property and I am told that there is a problem with the title. What can I do?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2023

Mr. Avery is correct, but even assuming you had no attorney when you purchased, hopefully, you at least bought title insurance. You should start with them before retaining your own attorney.

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: My son needs representation for a case they said it's a fugitive from florida.
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

You have not asked a question but presumably, you're looking for a criminal defense attorney in Florida. You should post a question in this website's "Florida" section. In the meantime, since volunteer lawyers here are not permitted to solicit you, you must search for them. You... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: I live in Georgia I'm in eviction case for the landlord and he's turning my power and water off now trying to force me

Out. We are only on the notice to quit stage. He's not filed anything with the court yet.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

That would be illegal. https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.docx#:~:text=NOTE%3A%20During%20an%20eviction%20case,unit%20as%20the%20lease%20describes.

3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it against a tenant right for a landlord to prevent them from using the kitchen, stove and refrigerator and hot plate

The occupancy is renting a room within someone’s dwelling

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

Access to a refrigerator and stove are not required to make an apartment "legal" but it sounds like what you are describing may be an illegal apartment nonetheless. We would need more info.

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Whe a foreclosure results in excess proceeds after sheriff sale in is owner still proper beneficiary of proceeds in Minn

Can a business hire an attorney to take care of the legal or court proceedures if needed to collect in Minnesota if so what percent can they charge for these services

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

Yes, a foreclosed homeowner can retain an attorney to recover surplus funds. From my NY perspective, the fee can be anything agreed upon, but one-third is customary here if it's done on a contingent fee basis.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I sign a new lease if I have 61 days notice of a rent increase in colorado if the notice is 60 days

I have one day before a 63 day notice of a rent Increase. That would start 63 days from today Can I sign a new 12 month lease before the 60 days of the time period before the rent increases. So with in thoughs 3 days can I sign a new lease?? I live in a mobile home park.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2023

That's very creative, but you received actual notice of the increase, so if you're asking whether you can avoid the increase by renewing quickly, the answer is no - unfortunately.

----

I'm not licensed in your state, so let's make sure someone else doesn't chime in to tell you I'm wrong!

3 Answers | Asked in Real Estate Law for California on
Q: I am a 2/5 owner and a property owned by four siblings, do I have legal power over them on decisions made on the propert

I would like to move into the property and pay them rent minus my share is this possible legally

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2023

It's not a question of legality - it's a business decision for the four of you to make. If the others agree, it can be done.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Looking into how to get a divorce in Columbia county New York when I have no income.

I have been married for 10 years but we have been separated since shortly after we got married. She took off with our child and moved out of state 10 when we first got married.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

I'm sorry to hear about your predicament. You should try the Columbia County Legal Aid Society: https://www.lawhelpny.org/organization/legal-aid-society-of-northeastern-new-york-al

1 Answer | Asked in Legal Malpractice and Criminal Law for New York on
Q: Something I got arrested for is now legal. Do I have a case?

I got arrested for having a taser in my purse during a car searched. It was $12 and ordered online from china. It made its way through customs to my front door. I had to pay a lawyer since I couldn’t get a public defender cause I was under 21 at the time and they made my mom pay. I also had to... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

Even assuming it's now legal to carry a taser in NY (which I could not confirm), since it was not legal at the time you committed the (former) "crime," you cannot be compensated now, unfortunately.

4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I had breast lifting 2020 and today I had mammogram and they found doctor left clip inside my breast. What I should do?

The surgery was in Miami

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

I agree with attorney Ratchik's analysis but suggest that you should probably confirm with an attorney licensed in Florida by posting this question in the Florida section of this website. The analysis and thresholds may be different there.

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: Looking for advice in landlord - tenant law.

I rent a house in upstate New York. I signed a lease that says tenant is responsible for repairs under $500. A friend recently told me that she thinks this is illegal. That landlords are responsible for repairs. Now I'm wondering if that is the case? And if so, even though I signed the lease... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

Unfortunately, I don't see anything inherently wrong with the provision, and I think that since you signed it, you're bound by it. And, although Mr. Smollens' suggestion is not necessarily bad, $50 is hardly enough money to rock the boat with your landlord (in my opinion).

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: I rent a house in upstate New York. I'm looking for legal advice on landlord/tenant issues. I have a question

I rent a house in upstate New York. I signed a lease that says tenant is responsible for repairs under $500. A friend just told me that she thinks that this is not legal. So Now I'm wondering if that is true. Even if I signed the lease if that is not legal, am I bound to be responsible for... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2023

There's nothing illegal about drawing a line in the sand and saying the tenant is responsible for small-ticket items and the landlord is responsible for large-ticket items. $500 seems like a reasonable number for that purpose. If you agreed (by signing the lease) you are bound.

View More Answers

2 Answers | Asked in Divorce for New York on
Q: What can be done about ex-wife not changing name back to maidan name?

Its in the divorce agreement and its been almost 3 years since the divorce has been finalized.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023

What does it say in the divorce agreement? Unless the judge ordered her to change it back, she has the right (but not the obligation) to do so. Many divorced persons opt not to undergo the name change process for various reasons.

View More Answers

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: Bought a mobile home in largo fl on 3/07/2023. No lease signed. Theycreated a new lease 04/25/23 and want me to sign it

Am I privy to lease used on 3/7/2023 and able to elect which one I want? The mobile home park at time was in process of possible sale and seems I got caught in some behind the scenes dealings. My realtor said to buy when I did as I would be grandfathered into current lot rent and current lease. I... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

From my NY perspective, it seems that if you did not accept the original offer and sign the original agreement before they changed the offer and asked you to sign a different agreement, it's up to them whether to honor the original deal. But I see no legal requirement that they do so.

View More Answers

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

I agree with the first two answers. This is more of a business decision or a matter of personal opinion than a legal question.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: I’d like to have my felony theft conviction from 1990, in the state of Maryland, expunged.
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

What happens in Maryland stays in Maryland. As a volunteer lawyer, I am unable to move your question so you should post this question in the Maryland section of Justia where Maryland attorneys can answer. Start here: https://answers.justia.com/questions/all/maryland

View More Answers

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: Is an auto repair shop responsible for the condition of my vehicle when it’s in their possession?

A repair shop is claiming they are not liable for damages caused to my vehicle while it was at their shop in their possession because they didn’t have a signed repair order. The vehicle was brought in for a sunroof repair and the shop failed to fix it and left it outside in the elements for 100... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

More info is needed. Why was it in their shop if there was no repair order? Was a repair completed and you failed to retrieve the vehicle timely? What was the damage? Who caused the damage? Either way, doesn't the shop have insurance? If not, do you have insurance?

2 Answers | Asked in Real Estate Law for California on
Q: Do I need to sign a new lease if the rental building I live in was sold? Even with the lease still in term?

I moved into a new place in February. At the end of the month, the owner decided to sell the building. I completed an estoppel certificate and sent it over to the new landlord. I am being asked to complete a new lease agreement, even though I already sent my previous one over. Am I required to... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

I cannot disagree with attorney Arrasmith since he's licensed in California - and I am not. But I am surprised to hear him say that you "may be required to sign a new lease with the new landlord" when I would think (at least from my NY perspective) that you'd be entitled to... View More

View More Answers

3 Answers | Asked in Banking for New York on
Q: My bank closed my account for no reason ans there not giving me my money back
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

Was the account dormant? Maybe the money ended up with the state comptroller's office. Check your name here for this (and any other) accounts: https://www.osc.state.ny.us/unclaimed-funds

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: I signed a pre-2019 lease that expired, defaulting to month-to-month. Is my security deposit owed in 14 days?

Does the Housing Stability and Tenant Protection Act of 2019 apply to me in any way regarding security deposits (14 days to return deposit, itemized deductions, etc.) or do the initial terms of my lease apply if I never renewed and it automatically became month-to-month? The initial terms of my... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023

The new rules apply regardless of when you entered into the underlying lease.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.