Get free answers to your legal questions from lawyers in your area.
What should I do?
answered on Jul 18, 2019
You can sue to have him evicted. Non-payment of rent is grounds for you to pursue an "unlawful detainer" suit. That's a fancy way of saying they're there without having paid rent when it was due. You have to give them notice to quit possession of the property. It's a... View More
The lease agreement was signed on June 30th and I contacted the landlord on July 1st to let him know I could no longer rent the property. I was no longer able to pay. He denied and is now requesting 1st months rent due in three days. I have no way of paying and can not afford legal fees. What are... View More
answered on Jul 18, 2019
While this sucks, a lot, it sounds like you are still on the hook for rent until he finds a new tenant.
Once you sign a contract or agreement, you're bound by its terms. If I were you, I'd either try and find another roommate or reason with the landlord to take a lesser amount.
He is not on the birth certificate and he once told me that he wanted to keep partying Instead of being a father. Now he is saying that he is ready and that he wants to step up. Is it legally too late? I don't know if I want to trust him or not because not only has he abused me but he had... View More
answered on Jul 18, 2019
Until his paternity is established, he doesn't have any right to see the baby. If he wants to have rights, he has to go through the legal process of filing a paternity action. It is not legally too late for him to do so because it sounds like he has made some very minor efforts to be in the... View More
answered on Jul 17, 2019
If its a debt based on written contract, the statute of limitations is three years from the date of breach. I'd have to know more about the circumstances to know for certain when the statute runs.
He is presently in rehab unit at hospital and I usually write his checks out and he signs them, but he is not able at this time. Some of his bills are autopay from his checking but his mortgage and house insurance require payments sent to them. I don't want him to default on his mortgage.
answered on Jul 17, 2019
If he is unable to sign checks, he may be unable to grant you a power of attorney. It depends on how bad his situation is. If you're in an emergency situation and he can't sign anymore, you may need to get an emergency/temporary guardianship to be able to take care of his affairs.
answered on Jul 17, 2019
Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an... View More
But it's not his fault even the Social Security office is called the RV owner and told them that it isn't his fault that he receives his check late are they allowed to do this or not
answered on Jul 17, 2019
The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him... View More
His will state that the money from the sale of the home go into a trust for 3 of his granddaughters. As the executor of his will and the executor of the trust could I sell his home and put the money into the trust, or would I need to get the home put into my name in order to sell it?
answered on Jul 17, 2019
You need to file a probate action to be able to distribute his property according to the will. Being named executor in the will means nothing until a court admits the will to probate and appoints you as executor. Then you can file something to sell the house and put the proceeds into a trust for... View More
2 kids can my husband leave state with one of are two kids without permission and no interest in bring the child back
answered on Jul 17, 2019
You and your husband both have a constitutional right to access to the children until a court orders otherwise. If you think your husband is about to leave the state with one of your kids and never come back, you probably need to get something filed to prohibit him from doing that. I would... View More
My daughters father wants to take custody completely from me and is trying to use my past against me. Meaning i was abused most of my upbringing and become a addict due to it. In 2014 I had lost everything in tornado and i had fallen in deep depression and relapsed. It was suggested to myself that... View More
answered on Jul 17, 2019
The best way it so hire an attorney and let them guide you through the process. It sounds like he's definitely the father, so he'll likely be awarded some sort of visitation, but he'll likely be required to pay child support to the child's current custodian. Is that you or your mother?
I recently just received an eviction notice (July). I’ve been a tenant at the apartment that I am currently in since May 2018. When I rented the apartment I did not have a guarantor that met the criteria and therefore paid a deposit for two months rent that were suppose to be used in June/July of... View More
answered on Jul 17, 2019
It's unclear whether you actually ended up renewing your lease or not. When are they saying you owe rent for?
It sounds like you're trying to move out and not owe rent, but they're saying you signed a lease and owe it. Is that right? My guess is they would likely be able to... View More
landlord a copy of key as requested. The landlord notified tenant that lcoked would be changed in 48 hours if key not provided. is it legal for landlord to change locks, as long as Lnadlord provide teneant with a key?
answered on Oct 29, 2018
It's usually part of every residential lease agreement that the landlord has some sort of right of entry for inspection/emergency maintenance/etc.
It also seems like the initial changing the locks would likely be a breach of the lease by the tenant. It really all depends on what the... View More
Until october 17th to leave the property
answered on Oct 26, 2018
Unfortunately, once you've left the property, most of your personal belongings are deemed abandoned if you don't get them out quick enough. I would communicate with your former landlord to see if he'll let you in to get your things.
answered on Oct 26, 2018
Definitely not. If this really happened, you need a lawyer right away.
answered on Oct 26, 2018
Yes. A landlord must give you written notice before starting the legal eviction process. The type of notice and length of time depend on the reason for the eviction.
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.