Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Phil Cardis
2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: can I break my lease due to cockroach issues? they spray my apartment 2 time and the issue is still going on.
Phil Cardis
Phil Cardis answered on Jul 19, 2020

Probably not grounds for termination as unpleasant as it is but certainly would suggest making a request to the Landlord for reduced rent for the impacted months until corrected.

This is a contract matter, you did not get the apartment you bargained for in your lease. You could repair and...
Read more »

View More Answers

1 Answer | Asked in Business Formation, Business Law, Consumer Law and Contracts for North Carolina on
Q: How can I protect myself from the customer suing me?

Hi I have a marketing business where I put up Facebook ads and connect contractors with potential customers

My question is if the contractor breaks something, doesn’t fulfill the job, or the work is faulty and damages the home how can I protect myself from the customer suing me?

Phil Cardis
Phil Cardis answered on Jul 9, 2020

It would help to have a clear disclaimer in some form as to the limited role your marketing company plays in connecting contractors with prospects. Not sure what information you are using to market but best to disclaim those representations as well in some manner.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I don't know if I'm being taken advantage of by a real estate broker. Can you please go over the details of my pre-deal?

I want to sell and I reached out to a friend in real estate who wants to buy my house for cash tomorrow. The online real estate agencies such as Zillow rate my house between 3:55 and 4:10. This guy wants to flip the house so he's deducting all the things that he says he has to repair from the... Read more »

Phil Cardis
Phil Cardis answered on Jul 6, 2020

Lots to analyze here from a business decision standpoint relative to determining value but it appears the broker/investor is looking to make money for the costs and effort related to addressing the deferred maintenance. So lots of factors to consider in seeing what is best option for you. The... Read more »

1 Answer | Asked in Bankruptcy, Civil Rights and Landlord - Tenant for Arkansas on
Q: What is Washington county Arkansas eviction notice due to the covid-19

I have been unable to find work in the construction field during this epidemic and have had to carpal tunnel procedures gun before that and have not been able to work being the only provider in the house I have fell behind on rent

Phil Cardis
Phil Cardis answered on Jul 5, 2020

It appears that Bankruptcy may be a viable option as many grapple with Covid impacts right now. Many states and local governments stayed evictions due to the pandemic so that may be applicable in some manner.

It would be best to consult with a BK attorney to explore what options are best...
Read more »

2 Answers | Asked in Contracts on
Q: Using an online form for contracts but I cannot export clients' answers directly; can I paste their signatures...

I am using an online form software to have customers sign COVID19 declarations (i.e. affirm they exhibit no symptoms). The form supports signatures, names, and other relevant information for a legally binding contract. The form the customers fill out has the contract outlined in it.... Read more »

Phil Cardis
Phil Cardis answered on Jul 5, 2020

Your concerns are well founded as you note and ripe for challenges as to the integrity/validity of the contractual instrument absent the signor's express consent to the contractual manipulation intended. The "workaround" is simply not advised.

There are many types of E-sign...
Read more »

View More Answers

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Am I owed compensation for concessions promised in my apartment lease that are not being provided due to COVID-19?

My apartment lease agreement had incentives including a one-year Brightline train pass. Due to COVID-19, the train has not been running for 3+ months. The value of a train pass is roughly $450/month when paying on a regular monthly plan. Since this is a benefit that was in our lease as an incentive... Read more »

Phil Cardis
Phil Cardis answered on Jul 5, 2020

Yes, it is possible pending the language in your lease.

View More Answers

4 Answers | Asked in Bankruptcy for Ohio on
Q: I’m afraid of filing bankruptcy. What happens if it’s not approved?
Phil Cardis
Phil Cardis answered on Jul 5, 2020

It is understandable to have fear as you consider bankruptcy. I would suggest consulting with a Bankruptcy attorney to review your specific situation as that consult will help address those fears and help determine which Chapter would be best for you. You will have some choices to make based on... Read more »

View More Answers

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I'm in a home rental which expires end of Jan2021. i was informed that homeowners getting divorced, can i keep lease

I'm in a home rental which expires end of Jan2021. i was informed that the homeowners getting divorced, can i keep lease? Or can they terminate my lease? I have never missed a payment, i pay 2 weeks early and never had any complaints or issues. I want to stay... Do the homeowners have to honor... Read more »

Phil Cardis
Phil Cardis answered on Jul 2, 2020

Absent a provision in your lease that allows the homeowners to terminate the lease early, the homeowners' divorce does not impair your rights under the lease and is not grounds, by itself, for lease termination. Assuming your continued compliance with the material lease terms, you should be... Read more »

View More Answers

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.