If not already, an estate for your mother must be opened up and the bank will need to serve the administrator of the estate to move things along within the courts on the foreclosure case. That should buy you enough time to strategize on how to proceed with retaining the property. I would highly...Read more »
Contact law enforcement right away and they will inform your landlord of the proper method to evict and allow you to place all of your belongings back inside of the premises. Your landlord has just engaged in "self help" and may now have exposed him or herself to civil remedies and penalties. Hope...Read more »
I have a broken nose, cuts and bruises on my face, neck and shoulder and my back is hurting. I went to the hospital that day, but I'm still in so much pain. Do I need to use my health insurance? I need help paying these medical bills.
Your auto insurance provides you with $10K in PIP benefits in situations such as these. Simply provide the hospital with your automobile proof of insurance card in lieu of your HMO or PPO policy. You should also be examined and start treatment with a chiropractor immediately as well. I specialize...Read more »
The agreement that both parties came to at the very beginning of the oral lease is the final agreement. It may not be altered or arbitrarily modified unilaterally by any party. Thus your landlord may not ask for additional monies to be applied towards rent of months gone by.
The fact that the other driver, whom is allegedly not at fault does not have a driver's license or a valid driver's license does not negate a finding of your own negligence. However, while I do not know the specifics of the accident, it may help in your defense to show that this unlicensed driver...Read more »
Can a landlord evict a month to month tenant without an eviction notice?
Hi, I need legal information on how and when an eviction can take place. My lease was up in Dec 2017 but my landlord has been letting me stay on a month to month basis. We do not have a written agreement. I have not... Read more »
No, the landlord may not change the locks and may not throw you or any others on the property out without first following the pre-eviction formalities such as posting a 5 day notice, filing a formal eviction complaint, obtaining a final judgment of eviction and the sheriff's execution of a writ of...Read more »
Also I contact 3 lawyers they also inform me to speak to probate lawyer however they are not helpful because they don’t assist with eviction. They advise it’s difficult situation because I’m not the owner even though I’m the estate
My father passed away he didn’t leave a will so I have to start probate. However there’s a tenant in the home I made her sign 60 day lease and she will not leave now. I can’t start eviction process because I’m not legally the owner yet I’m just the estate. However probate can take up to 6... Read more »
You may initiate an eviction against the tenant naming the estate of your father as the plaintiff and you as the administrator of the estate. Because the tenant refuses to leave by the end of the leasehold you may demand double rent and seek damages thereon up and until she leaves the property...Read more »
Landlord has purchased a new device which secures delivered packages for tenants and is now charging for this service monthly. Opt-out for this service was not mentioned in the notice and we are being charged on subsequent rent.
No, they may not. Whether this is a written or oral lease, the agreement that both parties executed or accented to at the very moment of consummation of the lease is the final agreement. It may not be altered or arbitrarily modified unilaterally by any party. A new charge during the performance of...Read more »
Use the returned/refused mail as evidence should any litigation ensue after you move out. Do not open the mailed letter/package of the item marked, "refused or returned to sender." Hopefully you haven't. Good luck to you.
It sure is the landlord's responsibility. It is usually the landlord that prepares and produces for signature a written lease agreement; it would be quite unorthodox to place such a responsibility upon a tenant(s). Hope this helps.
No, they may not. Whether there is a written or oral lease the agreement that both parties executed or accented to at the very moment of consummation of the lease is the final agreement. It may not be altered or arbitrarily modified unilaterally by any party. Hope this helps.
I currently rent a single-family home. The landlord emailed me today saying that a person that I have never met will be moving into the house in 5 days. My lease says nothing about subleasing or anything of the sort. My lease ends at the end of July but I don't want to live with a stranger. What... Read more »
If your lease agreement states that you are renting a single family residence and is entirely silent as to strangers subsequently moving at some later point, than such a decision of your landlord to do so afterwards is a breach of the lease agreement. Under such a circumstance the law permits a...Read more »
Generally, federal, state and local government entities are immune from suit under a legislative and sometimes constitutional scheme known as sovereign immunity. However, there are a handful of exceptions to the rule of sovereign immunity that may expose government entities to civil liability. You...Read more »
On March 23, 2018 at 7:08am, the car was a total loss in an accident. I have Gap insurance so whatever the difference in loan and payoff, it is covered in full. Should the loan company refund my payment since there was no car to pay on the actual payment date?
Whilst I am on holiday abroad for several months my daughter allowed approx 3 people to come live in my home without my permission and apparently they have been there several months. I am returning home and I have been told they refuse to leave. My daughter has left the house and moved to an... Read more »
Unfortunately in situations like these one generally cannot just ask an unwelcomed visitor to leave or change door locks on a visitor that is no longer welcome. A lawsuit must be filed in circuit court for either an ejectment or unlawful detainer. The unwelcomed party must be formally served with...Read more »
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