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Questions Answered by Ronald J. Eisenberg
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Missouri on
Q: Ended rental lease. Found new tenant. Did walkthrough, owner found zero damages. Am I entitled to security deposit back?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 19, 2021

Here's the text from Missouri's security deposit statute:

535.300. Security deposits, limitation — holding of security deposits, requirements — return of deposit or notice of damages, when — withholding deposit, when — tenant's right to damages — security deposit...
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1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Q: Hi I'm a student from another country doing an investigation on a US case, could you help me find the resolution?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

You can use Justia’s lawyer search tool but most attorneys would charge for their time. Perhaps contact a librarian at a law library.

1 Answer | Asked in Uncategorized for Missouri on
Q: Is it illegal to implement deep learning on a group of people including children without their knowledge or consent?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

What does it mean to implement deep learning?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Missouri on
Q: can i legally adopt a dad

i dont have one mine left for milk

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 13, 2021

What does it mean to leave for milk?

1 Answer | Asked in Employment Law for Missouri on
Q: Does my employer have to pay me wage for time spent training for the job?

I live and work in St louis mo. My employer refused to pay me any sort of wage for the first 1.5 months of my employment stating that he didnt have to since i was in "training" but i was normally here alone running everything. I work approximately 57 hours a week. I was allowed to keep only my tips.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 7, 2021

The short answer is "yes," you generally should be paid for training and I believe you might have a strong claim to assert. Whether you are a tipped employee may determine the wage due. Contact an attorney in the St. Louis area to discuss representation in going after your employer for... Read more »

1 Answer | Asked in Legal Malpractice for Missouri on
Q: Attorney dropped me without valid cause. I cannot find another atty. Does the firm have responsibility to represent me?

My attorney has put my current legal case in jeopardy. I cannot find other representation nor do I have the money to start over. This attorney exhibited lack of knowledge of my case, he miscommunicated terms, and was not transparent in relaying settlement terms. He pushed the agenda of opposing... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

If a lawsuit has been filed then the attorney needs to file a motion to withdraw and the court must grant the motion before the attorney is off the case. You may oppose the motion to withdraw; however, given your dissatisfaction with the attorney I don’t believe you’ll be satisfied with... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: Can u sue a candy company for getting addicted to candy if it's interfering with your health
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

Anyone can sue anyone for anything. That doesn’t mean you have a viable claim. I don’t believe such a suit would go far but you are free to sue.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Missouri on
Q: If a jury finds someone guilty on a case that was dismissed prior to trial, what does that exactly mean?

There was two case numbers, one number apart from each other. The case the verdicts were issued on is the case that was dismissed

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 6, 2021

It means that you are missing something. Juries do not decide dismissed claims. It wouldn’t make sense for a jury to issue a verdict on a dismissed claim.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Can my landlord use vulgar speech when talking to me

My landlord walk in my apartment who is that hoe in the bedroom I find that offisive and harassment

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

It is generally not unlawful for a landlord to use vulgar speech. Once it comes time to renew your lease, you might want to consider not renewing in order to find a better landlord.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: How much does an attorney usually charge to take on a case. For medical malpractice
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

Because medical negligence cases are so expensive, few plaintiffs pay their attorney by the hour. Rather, most attorneys who practice in this area of law represent clients on a contingency basis, meaning the attorney gets paid from the defendant if the case is a success.

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: Does cashing a security deposit refund mean I agree with the amount?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 1, 2021

Generally not, but there are exceptions. Read your lease. Also pay attention to whether the back of the check contains an endoresement indicating that you are accepting the security deposit as payment in full.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a neighbor sue the HOA for them putting a lien on the property over tree trimming in this case?

My HOA president is verbally saying that townhouse owners are responsible for tree trimming. The "community handbook" I was provided when I purchased the townhome 3 months ago very clearly says the HOA is responsible if the tree is 5' away from the unit. The covenants are vague and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 21, 2021

Anyone can sue for anything. The neighbor could sue for slander of title regarding the lien. There is no guaranty that the neighbor will win, however, and I have a hunch that the HOA's declaration has a one-sided attorneys' fee provision. That means if the HOA wins in litigation it can... Read more »

1 Answer | Asked in Business Law for Missouri on
Q: Do I need a translator to transclude a contract

If bifurcation is a breach of contract

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 20, 2021

Your post is not well written. I think you need some help.

2 Answers | Asked in Employment Law and Civil Rights for Missouri on
Q: Can I be audio recorded without consent in a 2 party consent state?

I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 19, 2021

Whether it is worth suing will depend upon the following:

1. What is your goal?

2. How much will it cost to sue?

3. What are your chances of prevailing?

4. What damages would you be awarded if you win,

5. Does the IL statute have a provision entitling you to...
Read more »

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1 Answer | Asked in Car Accidents and Real Estate Law for Missouri on
Q: the neighbors tree is encroaching into our parking area. It’s a huge sycamore tree. Are they liable if it falls on car?

the sycamore is huge. We have only been in the condo for two years. They were going to cut it but decided to have us pay for it.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 18, 2021

They are liable if the tree falls, you sue, and you prove negligence. For example, is the tree dying or is it just large?

1 Answer | Asked in Real Estate Law for Missouri on
Q: A purchase agreement contract has been signed by both parties for real estate, can the seller change their minds?

A purchase agreement contract has been signed and turned in to the title company. The buyer had to pay for a land survey. The land turned out to be 28 acres instead of 20 acres. Can the seller change the price already agreed upon for the acreage?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 16, 2021

This appears to be a large enough issue to warrant hiring an attorney to review the sale contract.

1 Answer | Asked in Foreclosure and Civil Litigation for Missouri on
Q: If my Hoa is entitled to 12% per annum interest but is charging me more than that, would I have a case?

I have been in a billing dispute with my hoa. They will not allow access to records or books as afforded in the bylaws. A previous tenant gave me a copy of the cleared check for a debt the hoa claimed had not paid. I requested access to the records they denied. They hired an attorney and racked up... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 6, 2021

The association’s declaration and rules & regulations govern.

You would “have a case” if you sue and a case number is assigned. If you don’t pay the disputed charge then I don’t know what damages you’ve suffered. If you do pay the disputed charge and then sue, you’ll...
Read more »

1 Answer | Asked in Employment Law and Products Liability for Missouri on
Q: fired, bc I refused to sell penicillin to a woman said she wanted it 4 her son that has bronchitis,labeled animal only

as I was unlocking drug for her,woman said it was for her son with chronic bronchitis. I told her everything we sell in store medical wise is for animals only. She wanted a manager. He without questions gave it to her. I was terminated 2 months later (after Christmas rush) he said she complained I... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 30, 2021

If you believe you were fired for complaining about an unlawful practice then you may file a charge of discrimination with the EEOC at eeoc.gov or with the Missouri Commission of Human Rights at https://labor.mo.gov/mohumanrights/File_Complaint. They will investigate. Although they can sue on... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: I need assistance with a non-compete clause for an employer. I have several questions about my rights.

I am currently working for a company contracted through a hospital. I applied and was offered a position through the hospital doing something completely different than I am right now. My current employer is telling me I signed a non-compete clause that prevents me from being able to work for the... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 27, 2021

This is a Q&A forum. You’ll need to reach out directly to an attorney. You are wise to seek counsel because non-competition agreements can have serious consequences if breached.

1 Answer | Asked in Environmental for Missouri on
Q: I have photographs of when bed bugs attacked me at a Best Western and the Best Western would refuse me a different room

Or my money back.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 26, 2021

I'm sorry that happened to you. It is not going to make financial sense to pay an attorney to sue for a night's stay. You can file your own lawsuit in small claims court.

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