I live in California and I might have to break my year lease early on my house that i'm renting. There is no verbage stating in the rental lease agreement say they will do anything if I break it early. If it's not in the lease saying they will do anything if I break the lease early, can I break it... Read more »
No. If you break the lease you will be responsible for contract damages. Typically, for a lease, this would be rent until the place is re-rented, plus any costs associated with re-renting early. If your lease contains an attorney fees clause, you could be responsible for those as well.
Assuming you are the named beneficiary, you can try making a claim. If they deny it, they will give you a reason for the denial. If you suspect the denial is incorrect, contact an attorney right away to preserve your rights.
A stadium (70% public, 30% private ownership) has been hosting electronic music concerts that use amplified sound. These concerts can last for up 10hrs/day for 2 days at a time. Adjacent to the stadium, there are several residential high rise developments that house ~900 people within 400 feet of... Read more »
Those are very high levels, and it is unlikely they actually comply with a rational noise ordinance. Even if these levels are compliant with the local ordinance, that would likely not be a definitive bar to a nuisance action. A successful nuisance suit could result in an award of damages and an...Read more »
She claims I was there I was not, the dog was determined my exs in a court of law. I need to know what kind of a lawyer I need for this I'm having trouble with the legal terms involved. I also need any advice on a lawyer that will take my case pro bono or at least on small payments... this is so... Read more »
If you had homeowner's or renter's insurance at the time of the incident, turn this over to the insurance company right away. They will provide you with a lawyer and defend you. If you did not have insurance, and can not afford an attorney, try legal aid in your county, or your county bar...Read more »
My lease clearly says "Tenant agrees to pay $4,250 per month for the term of the Agreement." And, "This Agreement shall terminate on May 31, 2020." Can I fight this? Is there anything I should be aware that he could do if I don't pay the increase?
An attorney would have to look at the lease to form a definitive opinion, but generally a lease for a set time is a contract which can not be unilaterally changed by one of the parties. It's hard to predict what he could do, since it appears he is not being rational in regard to the rent increase....Read more »
Im tired of this court stuff. I want to tell the judge that she can grant all the cash to me and we can end this already. There is one petitioner, if he has a problem with my decision he can file the necessary forms/objections and we go from there.
There is no form for what you want to do. If you want to petition for an order of distribution, you will have to do so, following all the court rules regarding pleadings. The way to save probate attorney fees is to do estate planning in advance. Once probate is necessary, doing it without an...Read more »
I do think you should provide death certificates for the deceased nominees. The court might be asking for declinations from others who have priority for appointment ahead of you. Another way to do would be to have those who have priority nominate you as administrator with will annexed.
My step mom seems to all of a sudden not qant anything to do with my brother or I, which are from my dads first marrage. He had three properties and part of my grandfathers whinery. She even went and placed his ashes and didnt tell us to come.
Sorry for your loss. If he had a will, whoever had possession of the will was supposed to lodge it with the court within 30 days of learning of his death. If there is no will (or trust), and any part of the property was your father's separate (not community) property, you and your brother are...Read more »
when i have asked them to push cause i have been done waiting about this case after a year had went by they didnt want to do anything they wanted to sit and wait. if i had tried to call them they would take a message and it would be months before i have a response. now that i am in 2019 and mind... Read more »
You can look around for a lawyer to take over your case. The lawyers will share the fees, which may make it hard for you to find a lawyer to take over. Usually, personal injury attorneys do not charge for a case evaluation, so it may be worth your time and effort to make some calls.
Without a will or trust, the property goes to your grandfather's "estate", which means it is divided among his lawful heirs. If you are the only heir (for example, no wife, or living children and you are the only grandchild), then it goes to you. In order to have it pass legally, if the entire...Read more »
i bought a house 6 months ago and the first rain my roof started leaking in multiple places, when we were buying our house our realtor got a roofer to come out to look at the roof and she told us he said everything was fine, and she would send us his inspection report but never did. i contacted her... Read more »
Yes, based on what you have said here, you have a very strong case. Whether your matter belongs in court or arbitration may depend on your contract(s). Start contacting real estate litigators right away.
The other morning my landlord used his key to unlock my front door as he opened the door I tried to stop him, telling him I was not dressed. He continued to open the door ushering a woman inside while saying “she just needs to see your toilet”. I was mortified. Was this legal?
Assuming it was not an emergency, no, a landlord may not simply enter without notice. 24 hours is presumed reasonable notice, in the absence of evidence otherwise. Read carefully Civil Code section 1954, which deals with entry by landlords, and required notice....Read more »
I received a document in mail frm trustee company that did foreclosure sale of my house.Had surplus funds for me. All i had to do is fill it out form,get it notorized and fax back or send it or walk it in. Thats it! So I went to a notary public with my ID and i fax it over to Trustee company. Later... Read more »
If an attorney is claiming you owe them money for work you hired them for, but in fact they have never even been contacted by you and have done no work for you, that is a very serious matter. You certainly should consider a complaint to the State Bar of California. That process is not very quick,...Read more »
In the usual situation, if you have two years remaining on your lease, you can stay at least two more years. When a new owner takes over, they take the place "subject to" any leases in effect at the time. If you live in an eviction control jurisdiction, you have additional protections. Be sure...Read more »
Wills are not recorded. If the person has died, and you are not filing a probate proceeding, you should "lodge" it, within 30 days of learning of the death. If you want to "lodge" it, you do so with the Superior Court, in the county where the person who died last resided.
No. New owners take the property "subject to" any leases that are in effect at the time of acquiring the property. If you have a lease, the terms remain in effect until the lease expires. If you are month to month, 30 days notice is required to change the tenancy terms. This assumes there are...Read more »
Sorry for your loss. If it is a simple estate administration, you will probably not need an attorney to actively participate. It will probably be worth your while to have a consultation to review the situation. If there is litigation involved, such as a wrongful death suit, then you would want...Read more »
My situation is regarding a property which is listed in my mothers name ( she just recently passed away) I have lived in this property for 22 years its my children's childhood home. Now that my mom has passed she had a trust which myself and my two siblings are executers of. The trust part is easy... Read more »
A real estate or probate/trusts attorney with litigation experience is a good fit for your issues. They will need to take a thorough look at the facts and your documentation. You may not be too happy with their analysis, unfortunately.
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.