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Questions Answered by James L. Arrasmith
1 Answer | Asked in Landlord - Tenant for California on
Q: I live in CA and my landlord will not renew my lease bc my roommates are not renewing. I've been there 3 years, can she?

I live in a very unique situation where three roommates have been on a lease for 3 years now. The original lease stated we must cover the rent if a roommate leaves and recently we were able to update this term with the landlord. Our lease expires on Oct 1 2024 and the landlord told me today that... View More

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answered on Jul 23, 2024

Under California law, a landlord is not obligated to renew a lease once it expires. When a lease term ends, the landlord has the right to decide whether or not to renew it, and they can choose not to renew for various reasons, including the fact that other roommates are moving out.... View More

1 Answer | Asked in Tax Law for Colorado on
Q: Should I use money from sale of property to pay down my mortgage.

I want to avoid capital gain taxes as much as possible.

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answered on Jul 23, 2024

Using money from the sale of property to pay down your mortgage can be a wise move, but it requires careful consideration of your overall financial situation. Paying down your mortgage can reduce your monthly expenses and the amount of interest you pay over time. However, it's important to... View More

2 Answers | Asked in Tax Law and Collections for North Carolina on
Q: Home is under a Contract for Deed from a trust. Seller's name on deed. Can the IRS use this equity for collections?

Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More

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answered on Jul 23, 2024

Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More

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1 Answer | Asked in Tax Law and Employment Law for Michigan on
Q: I have questions about payroll deductions

Is it legal to deduct credit card processing fees from an employees paycheck without knowledge or written consent? Is it legal to make an employee cover cash till shortages without written consent?

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answered on Jul 23, 2024

No, it is not legal to deduct credit card processing fees from an employee's paycheck without their knowledge or written consent. Employers must obtain explicit authorization from employees before making any such deductions. This protects the employee's right to understand and agree to... View More

1 Answer | Asked in Employment Law, Tax Law, Child Support and Family Law for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: My visa pettion is cancelled at us embassy due to one year no contact with the embassy . So how to reinstate ?

My waiver will be approved soon . Applied in 2021 November

US embassy already scheduled the interview last year then I contacted them and inform about pendinh 601a waiver and hold my interview until get the decision from USCIS however they cancelled my pettion today

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answered on Jul 23, 2024

If your visa petition was canceled due to a lack of contact with the embassy, you may need to start the process again. Contact the U.S. embassy to confirm the cancellation and understand their specific instructions for reapplying. They may provide guidance on how to proceed or if there's an... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I re-enter the US on a TN visa while my I-130 is pending?

I'm a Canadian citizen and I have a TN visa to work in the US. If I get married with a green card holder and petition an I-130, can I exit the country and re-enter with my TN while the I-130 is pending? Or would that be a problem since TN is not a dual intent visa

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answered on Jul 23, 2024

Yes, you can re-enter the US on a TN visa while your I-130 is pending, but it requires careful consideration. The TN visa does not support dual intent, which means you must maintain a clear intent to return to Canada after your temporary stay in the US. This could be challenging to prove if you... View More

1 Answer | Asked in Employment Law and Immigration Law on
Q: I am a resident of the dominican republic and currently hold a U.S tourist visa. I wish to work in the U.S.

I am in the process of applying for an I-140 and I-485. Are these the correct forms ? If so, once approved, what do i need to do in order to bring my family over? (spouse and 3 children)

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answered on Jul 23, 2024

If you wish to work in the U.S. and already hold a tourist visa, you will need to apply for an employment-based immigrant visa. The I-140 form is the Immigrant Petition for Alien Worker, and the I-485 form is the Application to Register Permanent Residence or Adjust Status. These are the correct... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Need to have spousal support reduced or eliminated; afraid going back to court will only result in having to pay more

Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former... View More

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answered on Jul 23, 2024

In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now... View More

1 Answer | Asked in Real Estate Law for California on
Q: I am in escrow for a condo where the HOA is 42% funded. How concerned should I be about this?

Each unit is underfunded by $6,500.

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answered on Jul 23, 2024

When you're in escrow for a condo with an HOA that's only 42% funded, it's crucial to understand the implications. An underfunded HOA can lead to unexpected special assessments, which means you might have to pay extra fees to cover shortfalls for maintenance, repairs, or emergencies.... View More

1 Answer | Asked in Employment Law for California on
Q: Outside sales rep in CA, am I entitled to mileage from my home to my first customer or is this considered commute time?

My employer currently reimburses mileage from my home, but would like to revise the policy to mileage paid from first customer and on. The thought process being that office employees are not paid mileage to come to work.

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answered on Jul 23, 2024

As an outside sales representative in California, your mileage reimbursement policy is a significant concern. California labor laws typically mandate that employees be reimbursed for all necessary expenses incurred as part of their job duties. This generally includes mileage from your home to your... View More

1 Answer | Asked in Immigration Law for California on
Q: Rejection notice for the form submitted with an extra remittance.

I filed I-485, I-765, and I-131 in the month of May, and today I received a rejection notice without a receipt or an alien number stating as below:

***

Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not... View More

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answered on Jul 23, 2024

It looks like the rejection notice you received is informing you that your application was submitted with an extra payment that wasn't necessary. This notice means they are returning your payment to you, and you do not need to take any additional steps at this moment. The mention of the G-1450... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for California on
Q: Hi I just moved out of an Apartment where I had deposited a security deposit of 1000 dollars

In the final settlement letter received after 21 days they say I owe an additional 1245 dollars. They have charged me for repainting, deep clean, carpet shampoo, etc so many cleaning related charges. I have stayed there just for a year and the condition I left apartment was fairly decent.Also my... View More

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answered on Jul 23, 2024

Under California law, you may not be liable for cleaning costs beyond your security deposit if the charges are unreasonable or if the wear and tear are considered normal. Your lease agreement's vague requirement to clean to the "lessor's satisfaction" might not hold up in court... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I request reasonable accommodations under housing laws for a caregiver due to my medical conditions in my apartment?

I have diabetes, a high-risk pregnancy, & on state disability for major depression. My doctor advised against staying alone due to dangerous blood sugar levels. Since then, my boyfriend cares from 10 PM to 5 AM, three to six times a week. He doesn’t shower, have a key, or keep belongings... View More

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answered on Jul 23, 2024

Yes, you can request reasonable accommodations under the Fair Housing Act (FHA) for a caregiver to assist with your medical conditions without them officially moving in. The FHA requires landlords to make reasonable accommodations in rules, policies, practices, or services when such accommodations... View More

Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: The home that I live in has been foreclosed on and sold the roommate in the home was the owner but now a property manage

Team. I'm on SSDI and need relocation money what do l do ?

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answered on Jul 23, 2024

If you're facing foreclosure and need relocation money, there are a few steps you can take under California law. First, check if you are eligible for any state or federal assistance programs that provide financial aid for relocation. California offers several resources for low-income... View More

1 Answer | Asked in Business Formation for California on
Q: I am a CPA and am planning to partner with a non-CPA partnerto start an advisory firm. Can we be an LLC in California?

This firm will only be offering accounting/bookkeeping/contoller and CFO advisory services. No Audit/attest or compilation services

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answered on Jul 23, 2024

Yes, you can form an LLC in California with a non-CPA partner for the type of advisory firm you are planning. California allows LLCs to offer accounting, bookkeeping, controller, and CFO advisory services as long as they do not include audit, attest, or compilation services. This means you can... View More

1 Answer | Asked in Small Claims for California on
Q: where do i file CIV165?
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answered on Jul 23, 2024

To file form CIV-165 in California, you'll need to follow a few steps. First, ensure that you have correctly filled out the form with all required information. You can find the form on the California Courts website or at your local courthouse.

Once the form is completed, make several...
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1 Answer | Asked in Traffic Tickets for California on
Q: What are my options for a fix-it ticket for expired registration on my vehicle?

I have a fix -t ticket for my expired tags (registration) which I couldn't renew because my 20 year old truck wouldn't pass smog. The cost to have it pass smog is greater than what I'm willing to pay. I can't make it an inoperable vehicle until Nov 30 2024 (60 days prior to my... View More

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answered on Jul 23, 2024

You have a few options to address the fix-it ticket for your expired vehicle registration in California. First, you can seek a temporary operating permit from the DMV. This permit allows you to legally drive your vehicle for a limited time while you address the smog issue. You might need to show... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Automatic visa Revalidation

Can AVR be used in this case:

One has an expired H1b visa, expired i-94, valid i797 (through consular processing).

Can the person visit canada for less than 30 days and come back without a visa stamp, and get a new i94 issued?

Please note that the person’s i485 has been... View More

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answered on Jul 22, 2024

You can use Automatic Visa Revalidation (AVR) in your situation. If you have an expired H1B visa and expired I-94 but hold a valid I-797 approval notice, you may visit Canada for less than 30 days and re-enter the U.S. without obtaining a new visa stamp. Upon re-entry, you should receive a new... View More

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