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I was in a private conversation on a chat app (Discord) and someone took screenshots of what was said and handed it over to the person in question. I received a cease and desist letter through email. The information within the letter included screenshots of "defamatory statements", but my... View More 
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answered on Oct 27, 2022
Posting to a 3rd party on any platform could be considered publishing for purposes of defamation. If you are truly concerned then you should contact an attorney to go over the supposed defamatory statement.
This is for a story I am writing. I am wondering if a tenant's association, as a legal entity, were to sue an owner for gross negligence in managing the building, if they could be awarded ownership of said property. How realistic of an idea is this?
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answered on Oct 20, 2022
Sorry to say but it would be unlikely. Most of the time in litigation, if you prevail, you would be awarded monetary damages. There are certain exceptions such as when a contract has a specific performance clause or there is some reason in equity why another type of award is more appropriate.... View More
Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes
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answered on Oct 20, 2022
I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... View More
My landlord decided to end the month-to-month lease abruptly over text message. I said I think this needs to be in a written format, signed and dated.( the lease does not specify the format) Which they responded that a text is perfectly legal and have yet to send any further information regarding... View More
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answered on Oct 20, 2022
You may wish to contact an attorney so they can review both the text and your lease.
The forcible detainer statute does have some requirements around how notice has to be delivered. That being said, in contracts, a writing can be a lot of things including an email if it is defined in the... View More
I'm just really confused and feel like my things are stolen/gone. Can't get ahold of customer service, and I have no email, post, or anything on their online account site showing any reason why my gate code shouldn't work. My next bill isn't due until next week. I even read... View More
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answered on Oct 19, 2022
Well, you may have a claim for breach of contract, conversion, and/or theft. It just depends on how the storage company responds and if you are in compliance with your contract. I would get in contact with an attorney to try to help to resolve the matter.
Please be aware that any answer is... View More
I have trust land and the tribes want to buy my interest and conveyance for something
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answered on Oct 19, 2022
Afternoon,
I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a... View More
Tenant agreed to move out to avoid eviction. At the agreed date to vacate, tenant had removed most personal property and didn't show up for scheduled final walk through. Tenant isn't responding to attempts to contact and hasn't turned over the keys and I don't know where they... View More
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answered on Oct 19, 2022
I suggest you read the unlawful eviction statute and talk to an attorney. If the tenant cannot be deemed to have abandoned the house based on a reasonable person standard, you may need to evict them. Otherwise, you are subjecting yourself to liability. Again, talk to an attorney.
Please be... View More
Property management put in the lease that I, the tenant, am responsible for rodents. This does not supersede the implied warranty of habitability, does it? I alerted them immediately, and they did not respond to me within 24 hours. Then when they did they denied getting an exterminator and told... View More
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answered on Oct 14, 2022
I would say call an attorney.
Mice and rats could be a violation of the warranty of habitability. They are actually listed as one of the enumerated items if the infestation is bad enough. But you need to figure out if it qualifies, if it does then provide the proper notice, and so on.... View More
We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”
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answered on Oct 12, 2022
There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.
Please be... View More
After closing on the condo the HOA levied a special assessment for $6,000 for roof repairs. The seller provided HOA meeting minutes that mentioned the hail damage but said it would be repaired by the end of the month prior to closing. The seller did not disclose anything relating to roof damage... View More
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answered on Oct 12, 2022
It could be an issue if the buyer knew about the damage, knew it would not be repaired prior to closing, and failed to disclose it.
You will most likely need an attorney to determine if this qualifies as a breach of contract.
Please be aware that any answer is based on all the... View More
Or are there rights protecting me
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answered on Oct 12, 2022
If you have stayed on the property as a guest, it is considered a license. A license can be revoked meaning that you can be evicted. Due to the duration of time, you may even be a tenant. But a tenant without a written lease that is provided with a notice to quit may also be evicted. I would... View More
We shared most of the expenses, split pretty much everything, I trained the dog, she lived with me for 4 months before I moved in with my ex. She is my registered service animal & emotional support animal. How do I get her back?
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answered on Oct 7, 2022
If you can prove that you own the dog, you may be able to assert a replevin claim to get her back. If you both own the dog, it becomes trickier. In theory, you could do a partition action and ask the court to figure it out. I have done partition actions for land, but I know they can be done for... View More
I obtained the police record which states reckless driving.
but am not sure what my next steps are. I have the responsible person's information. Do I send certified letter?? I am not sure he has insurance, etc. I want the responsible party to fix the damages caused.
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answered on Oct 7, 2022
While a certified letter may get the job done you may need to take legal action. I would recommend calling an attorney.
Unfortunately, if the person neither has insurance nor any money they may be judgment-proof. In other words, they may have nothing to give you which may leave you holding... View More
can seller just terminate the contract
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answered on Oct 5, 2022
I suppose I will answer the second question. It depends. While it is harder for a seller to terminate the contract, it is not impossible. It all depends on the contract. Because we cannot look at the contract, this question is impossible to answer. If the seller terminated the contract and you... View More
Every payment is charged a convenience fee. I got charged 100 because they had to relocate my car. That bill is now 170 because of the convenience fee. This doesn’t seem fair.
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answered on Oct 4, 2022
I think that question would come down to your lease. I would recommend reaching out to an attorney. $70 seems like a allot. If your lease requires you to pay online then it may even be a material term that may be enough to undue the entire contract. Like I said, reach out to an attorney. That is a... View More
A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... View More
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answered on Oct 3, 2022
In short, it would be difficult to force the sale since you do not have an ownership interest.
Could there be other legal remedies? Potentially. You should call an attorney to check.
If the occupants are there without the landowner’s permission, it could be trespass. Again, it... View More
They put SOD in the back yard and charged us for that which is fine but when we moved in there was not grass in the back yard there were patches of weeds and grass. They charged us to throw trash that was removed from there and charged us for a dish removal and that was there when we moved in.
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answered on Oct 3, 2022
This is an oddly phrased question.
The security deposit and the amount that a landlord can charge you for damages that you caused to the lease are typically not related. The security damage acts as an advance that can be used to help cover those damages if needed. It is typically, not a... View More
I just moved into to and owner occupied home I have the whole garden level space. After 1 week owner says not a good fit provides a 30day notice to vacate. I have had no violations, not loud it’s just me and my 13lb mini Aussie. I’m disabled and hispanic so I’m not sure if she is... View More
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answered on Oct 3, 2022
It depends. You need to talk to an attorney. If you are on a month-to-month lease, they may be able to terminate without cause on a 30-day notice. IE, they may not need a reason. Regardless, they need to follow both the lease and forcible detainer statute.
Regardless, more information... View More
I was notified of the maintenance (there’s never been any issues) I received a call that my dog had “gotten out” and they were attempting to retrieve him. Then I got a call a bit later stating they had “lost sight of him”. I left work after the first call to go get my dog myself but they... View More
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answered on Oct 3, 2022
The dog is back safe and sound. That is the important thing. If the dog got out during a scheduling maintenance event, then it may be no more than mere negligence. It sounds like the landlord tried to do the right thing by looking for the dog and paying for all the associated costs.
You... View More
health regulations. Is he still entitled to get his deposit back
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answered on Oct 3, 2022
It is very possible. The security deposit can often be used to repair damages caused by the Tenant. This all depends on the lease. The landlord may not be entitled to keep the security deposits just because the building has been condemned. More information such as the amount of damage caused by the... View More
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