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 N. Munro Merrick
Q: My attorney requested a trial de novo after losing on fee arbitration. Can I request to change venue?

The venue is far from where I live and work. Also, my name is wrong, and I wasn't served but it shows that I was (I was overseas). I can't find a lawyer willing to represent me and have decided to represent myself.

N. Munro Merrick
N. Munro Merrick
answered on Nov 14, 2017

If you have not obtained all the info you need, I would need some info to be able to understand what the situation is and give you some suggestions. For example: who are the parties to the suit? Where do you live? Where was case filed? It appears that a suit was filed, you hired an attorney to... View More

1 Answer | Asked in Business Law and Real Estate Law for Tennessee on
Q: Is the LLC required to be qualified in TN for holding rental properties?

I'll use a LLC to purchase some rental properties from turn-key providers in TN. Completely hand-off investments, will not be involved in any management of real estate - leasing, maintenance/repairs, etc. Is the LLC required to be qualified to do business in TN? and subject to franchise... View More

N. Munro Merrick
N. Munro Merrick
answered on Oct 12, 2016

This is a question for an attorney qualified tin the area of business taxes in TN which I assume is Tennessee.

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: If I sign a holding deposit for an apartment for amount can they change it now that it's time for me to move in
N. Munro Merrick
N. Munro Merrick
answered on Oct 10, 2016

Many more facts are needed before anyone can give you an answer: all payments called for under the lease, amount of the first payment, amount of your holding deposit, the terms of the agreement re holding deposit, dates for all the money transactions.

1 Answer | Asked in Business Law and Trademark for California on
Q: Can someone file for a trademark on a product that you Created and actively sell, and immediately serve you C&D?
N. Munro Merrick
N. Munro Merrick
answered on Oct 9, 2016

This is a trademark/intellectual property question.

1 Answer | Asked in Real Estate Law for California on
Q: Under what conditions can I cancel a listing agreement with an agent. I do not trust the agent and his actions .

He started escrow without first securing an accurate payoff demand.

He suggested "whiting out" the name on a previous grant deed to use it with a subsequent buyer.

N. Munro Merrick
N. Munro Merrick
answered on Oct 8, 2016

You obviously have some knowledge about selling real estate, but your questions seem to suggest that you do not know as much as you think you do! Your first step should be to talk to your agent or the broker and ask him the questions you have posed. My experience has been that payoff demands are... View More

1 Answer | Asked in Contracts for California on
Q: I sold a used car to a friend of with a written contract to where they were supposed to make monthly payments.

I made the mistake of giving the title to them and now they have sold the car to someone else and are over 3 months behind on they agreed payments. Can I take them to small claims court and sue them for the balance that they own me on the entire contract since they now do not own the vehicle any... View More

N. Munro Merrick
N. Munro Merrick
answered on Oct 7, 2016

Of course, assuming he owes $10,000.00 or less. What they did with the car is not relevant.

2 Answers | Asked in Consumer Law, Contracts and Products Liability for California on
Q: I purchased a 2012 Chevy Equinox and have been experiencing problems that I found out are very common without recall.

Is there anyway I can take action against Chevy and GM? The company doesn't want to take ownership of their production of vehicles with faulty parts. It's a Certified GM vehicle, but it's already undriveable.

N. Munro Merrick
N. Munro Merrick
answered on Oct 7, 2016

You have not said that you bought it used, but I must assume you did. In that case you bought it from a dealer, and I assume it was probably a Chevrolet dealer, but I do not think it necessarily is. How long have you had the car? I do not know that a "Certified" sticker on the car... View More

View More Answers

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Is my landlord allowed to charged me an additional security deposit now that I have an emotional support animal?

They are saying it is an additional deposit not a pet deposit. That is not true, i wouldn't have to pay an additional deposit if I didn't have a cat. Isn't this against the fair housing act? I've been at the residence for 2+ years.

N. Munro Merrick
N. Munro Merrick
answered on Sep 30, 2016

The amount of the deposit is agreed upon when you signed the rental agreement. The owner may require a deposit of up to 2 months' rent for an unfurnished property in addition to the first month's rent itself. You have not stated what kind of agreement you have. The landlord would be... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Signed an amendment to my lease for another year. Retracted before my 30 days notice. Am I still responsible?

It was time to renew. I wasnt unsure if I was going to. I signed an amendment for another year and submitted it. I emailed the property manager an hour later and told him to hold off. He said ok. This was turned in over a week before I needed to give notice. 2 days before my 30 days notice I told... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 30, 2016

I have to assume you had a one-year lease. Also assume it expired October 30, 2016. Around Sept 23, you renewed for one year. That same day you canceled the renewal. Then around Sept 28, you gave notice that you would not be renewing. You would be responsible for rent up to the date of the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: who is responsible for repairs on demising walls between leased spaces?

My leased spaced requires additional soundproofing, we're a gym and our music is loud. When the space was built we paid for sound proofing with our TI allowance. Now, a year into our lease, our landlord is saying we need to add soundproofing to the demising wall that separates us from the... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 29, 2016

That is an interesting question, but it raises a host of other questions which need answers before any lawyer can give you an answer. The questions include: Has the adjacent tenant complained? What is the basis for his complaint? Has he made sound measurements, and if so, where? What time of... View More

1 Answer | Asked in Contracts and Real Estate Law for California on
Q: After an expired listing how many days can that listing realtor have a client guaranteed.

Regarding the client that was shown the property and now the contract is expired, can the realtor have the seller sign a statement that the realtor has the listing on that client for a number of days?

N. Munro Merrick
N. Munro Merrick
answered on Sep 29, 2016

It is certainly not unusual for a realtor to want to protect his investment in time and expenses to market the property. The listing agreement would provide that if s/he furnishes a list of the prospects to whom s/he has shown the property within a certain number of days of the expiration of the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord says we were late 5 years ago and now wants back rent. We have not been served nor think we are late.

We have rented for the last 5 years and have never been served a notice stating that were late. Now the property management company says we missed payments 3 or 4 years ago and therefore late all this time. We have mostly paid rent by check (we have on file) but there were occasions when we paid... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 29, 2016

In California the statute of limitations on written contracts is four years from the date of the breach of the contract. In most leases the payment is due on the first of the month. As of today, that means that any demand for payment of rent due on or before September 1, 2012, is unenforceable.... View More

1 Answer | Asked in Contracts for California on
Q: if a personal check bounces, and the recipient relies on the check the first day is the writer responsible for all fee

there were multiple late fees from utilities

N. Munro Merrick
N. Munro Merrick
answered on Sep 29, 2016

The first rule is, "Never write a check if you have any doubts about the availability of funds in your account to cover the check ON THE DAY YOU WROTE IT." I do not know what you mean by "There were multiple late fees from utilities." I am sure that any utility could assess a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: What are my rights as a landlord to reclaim my garage from a tenant who has no right to it in the lease?

My tenant has no right to a garage in his lease. It is a detached garage in the back of the apartment unit. He is using a huge double garage for storage. He is not keeping an automobile in there. He is storing things like a hoarder. It may be a fire hazard. I want to know the following:... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 28, 2016

"You CANNOT be serious!!" 20 years??? You must have known about his use of the garage, so it is deemed to have been with your consent (= absence of protest). He is in violation of his lease, so treat him like a tenant -- give him 60 days to vacate the garage. If he does not remove... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: I'm not sure who to pay my security deposit to!

I signed a brand new lease with 5 people total, 2 people who already lived in the home, and 3 new people (including me). We have a brand new lease with all the new people. I did not pay a security deposit. Now the previous tenant whose room I am currently in is asking that I pay HER back the... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 28, 2016

The prior tenant paid the deposit to, presumably, the landlord/owner. His only recourse is the landlord. You have no liability.

If all of the occupiers are on the same lease -- one lease for all the tenants, you owe money to the landlord/owner and nobody else. If you are all on the lease...
View More

2 Answers | Asked in Business Formation and Business Law for California on
Q: How do I make the address of my nonprofit private?

filled a nonprofit in CA; however, when doing a search on the nonprofit, the personal address is being used. Is there a way to hide the personal address online? Would that require removing myself as the registered agent and or change the state location?

N. Munro Merrick
N. Munro Merrick
answered on Sep 27, 2016

There are several companies that act as agents for service of process, registered agents. Just Google "Agents for Service of Process." If you have an office outside your home, you may use that address if you remain as registered agent.

View More Answers

1 Answer | Asked in Landlord - Tenant for California on
Q: Is it our responsibility (tenant) to move and disassemble furniture for the floors to be repaired/replaced?

We have been living in our rental home for a little over a month. Before we moved in the floors upstairs were replaced. After we signed the lease and gave security deposit, the landlord informed us that he was not happy with the quality of work and was trying to have the floors fixed. We moved... View More

N. Munro Merrick
N. Munro Merrick
answered on Sep 26, 2016

It is not clear whether you moved in after the Landlord (LL) told you he was going to fix the floors. If so, he is interfering with your quiet enjoyment of the property you rented, so he should compensate you for whatever expense you incurred to accommodate him. The alternative would have been to... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord take rented property off the market instead of making repairs?

A friend lives in a rented dwelling that's not code-compliant. Can the landlord decide to stop renting the dwelling and take it off the market instead of making the necessary repairs?

N. Munro Merrick
N. Munro Merrick
answered on Sep 26, 2016

Assuming the property is not rented to anyone, yes. He can do whatever he likes with it, including razing it.

1 Answer | Asked in Landlord - Tenant for California on
Q: My apt. building (23 units) was recently sold. New owners said we won't have an onsite manager. Who should I call?
N. Munro Merrick
N. Munro Merrick
answered on Sep 26, 2016

Ask the new owners. If there is no telephone contact available, ask by mail. If you do not receive instructions before rent is due, mail a check to the new owners. If no mail contact is available and you want to be completely safe, go to your bank, open a savings account in the name of the new... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: paid $650.00 rent for 4 years, checks cash & cleared bank. landlord says our rent was $675.00. want to pay back $1200.00

do we have to pay the back rent

N. Munro Merrick
N. Munro Merrick
answered on Sep 23, 2016

The answer to your question is: It depends on the facts you have not provided. What was the arrangement for your occupancy? Was there a written agreement? What did it specify for the rent? If no written agreement, what was the oral agreement? What evidence of that oral agreement do you have?... View More

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.