Questions Answered by Salim U. Shaikh

Q: the landlord foreclosed on our leased home after 8 months. he refuses to return security deposit and last month rent..

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Oct 18, 2018
Salim U. Shaikh's answer
If LL is adamant not to refund your SD and overpaid rent then you have option to pursue refund through Small Claims suit.

Q: If I hit on a coworker outside of work does the manager have a right to question me about it?

1 Answer | Asked in Employment Law and Sexual Harassment for Indiana on
Answered on Oct 16, 2018
Salim U. Shaikh's answer
Given details being insufficient to render a specific advice, however, the said manager must follow the procedure in accordance with harassment complaint and must afford you a chance to detail the whole facts. Mere complaints without any evidence are not admissible.

Q: can my ex employer send out bad service letters

1 Answer | Asked in Employment Discrimination and Employment Law for Delaware on
Answered on Oct 15, 2018
Salim U. Shaikh's answer
In that case, suggest to file a defamation suit against your ex employer. Such a letter not earlier shared tantamount to a retaliatory act. Consult Attorney of your local jurisdiction having expertise in employment matters for specific advice.

Q: Is there a time limit for a landlord to return a security deposit in Vermont on commercial property

1 Answer | Asked in Landlord - Tenant for Vermont on
Answered on Oct 14, 2018
Salim U. Shaikh's answer
Where there is no dispute, SD must be refunded to tenant within 30 days. Tenant may thereafter sue LL for recovery alongwith damages and other cost.

Q: I am 12 days late on 350 rent. My landlord is telling me over the phone among other nasty things i have 24 hrs to leave.

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Oct 14, 2018
Salim U. Shaikh's answer
24 hours eviction notice over phone is not admissible. You must consult Attorney of your local jurisdiction to obtain Restraining Order from court in case your LL take any illegal step.

Q: Can my landlord use a phone to give 24 hour notice insted of an actual written document

1 Answer | Asked in Landlord - Tenant on
Answered on Oct 14, 2018
Salim U. Shaikh's answer
For eviction it is mandatory to deliver a written notice through proper means.

Q: My lease has expired and I'm in a month to month tenancy in NYC. Do I need to give 30 day notice to vacate?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Oct 9, 2018
Salim U. Shaikh's answer
Depends on the situation of availability of premises and given time to move out, you may on the safe side properly send a notice to vacate or move out by xxx date and request LL for a walk through inspection, draw a list to avoid any future dispute, etc. If all is ok you may expect your deposit within time.

Q: I’m in GA. If my landlord never provided me with this list or did a walk through with me, can I break the lease?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Oct 9, 2018
Salim U. Shaikh's answer
Breaking of lease is the last resort which can be done anytime during tenancy for certain cause. However, in the instant case you may demand a fresh walk through in your presence and draw a new check/inspection list prior to your move in.

Q: Can I sue for negligence for water damage caused by one of my tenants when the water was turned off by the water company

1 Answer | Asked in Landlord - Tenant for Michigan on
Answered on Oct 9, 2018
Salim U. Shaikh's answer
Well, you can sue provided you prove it to be a "willful" negligence on the part of your tenant.

Q: If you give tenant 30 day notice

1 Answer | Asked in Landlord - Tenant for Kansas on
Answered on Oct 4, 2018
Salim U. Shaikh's answer
As a general principle of law, notice will start from 1st day of month and expire on the last day of month even delivered a day before or on 17th. If lease is silent, LL may agree to charge prorated rent after expiry of notice till tenant move out or likewise charge rent for the whole month even against few days over-stay.

Q: Can my tenant charge me more than the cost of repairs for a large hole in the wall caused by my guests?

1 Answer | Asked in Landlord - Tenant for South Carolina on
Answered on Oct 4, 2018
Salim U. Shaikh's answer
As liability rests on tenant, anyone who feels themselves responsible may take a task to get damaged portion fixed at whatever cost it may be. Over and above that cost/fine is not your liability.

Q: can my landlord evict me if I haven’t signed a new lease for the year ? Can I write a 30 day notice to vacate ?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Oct 4, 2018
Salim U. Shaikh's answer
When did your lease expire? You may however write to LL of his intentions to extend your lease or terminate on expiry. As you need some days to vacate that premises and settle your outstandings, it would be advisable to write your LL and get his views.

Q: If my Landlord filed a eviction on me and I pay before the answer date can the eviction be stopped

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Oct 4, 2018
Salim U. Shaikh's answer
Your post notice payment cannot undo court proceeding unless LL withdraw her eviction suit. First of all you consult an Attorney of local jurisdiction and try to deposit your due rent through court registry and then seek remedies of either to stay or evict within a given time.

Q: What can you do if you're positive that your divorce mediator is biased?

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Answered on Oct 2, 2018
Salim U. Shaikh's answer
Mediation is not the last word, there are other ways e.g. change of biased mediator, challenge of mediation report provided tainted with biased or subjective report, etc.

Q: At my job everybody was given random drug test several failed including myself . I was fired .but some were not.

1 Answer | Asked in Employment Discrimination for Georgia on
Answered on Oct 2, 2018
Salim U. Shaikh's answer
Element of discrimination is there. However, their decision might rest on percentage of drug in blood as well as nature of job.

Q: I was out of Texas and my landlord added a person in my lease without my concern, does that void the lease?

1 Answer | Asked in Landlord - Tenant for Texas on
Answered on Oct 2, 2018
Salim U. Shaikh's answer
This could be a unilateral alteration of contract that make such additions null and void.

Q: I don’t want my landlord to do rountine inspections when I am not home because of my dog but they do it anyway.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 2, 2018
Salim U. Shaikh's answer
LLs are bound to notify tenant(s) at least 24 hrs prior to visit so that inspection could take place in presence of tenant or his rep. Where there is a wilful violation, tenant must write to LL and draw attention to lease terms.

Q: Landlord made deductions from deposit after no issues during walk through.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Answered on Oct 2, 2018
Salim U. Shaikh's answer
Where walk through prior to moving out surface no apparent issue(s), LL has no right to make excuses to withhold SD. If you have evidence of no issues, you can then seek intervention of Small Claims Court for refund of SD in double along with damages and other cost.

Q: I was renting from a lady who got a grant but wasn’t staying in her house. She Chang d locks and is selling our stuff ?

1 Answer | Asked in Landlord - Tenant for Alabama on
Answered on Oct 2, 2018
Salim U. Shaikh's answer
If you are able to prove your tenancy like the utility bills you must then immediately seek court's order to get your stuff back, open the locks and formalize your tenancy.

It is not clear on what account she is demanding $ 650 until the 1st. Consult Attorney of your local jurisdiction and seek court's interference in the matter.

Q: Can a new owner of a home serve a 60 day notice to vacate to a renter of 19 yrs and still ask for the MO rent

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 2, 2018
Salim U. Shaikh's answer
Asking to vacate a 19 yrs old tenancy on service of 60 days notice is quite different from demanding of rent for ongoing tenancy.

Successive owner is, in fact, bound to honour past agreements that the former owner had with tenants which are binding on him. Current owner can likewise serve a notice to vacate his property for given reasons including late or non-payment of rent, etc. Where there is no valid reasons thereof, the matter can be resolved through a suit either by LL or if...

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.