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answered on Jan 25, 2018
More than likely, yes, the landlord change charge a late fee, but it would depend on the terms of your written contract. Most, if not all, leases provide that the entire rent payment is due on a particular date. If it is not paid in full, then you are not in compliance with the contract and a late... View More 
Agreement was to do all 3 units. Have been paid for completion of 2. Materials are on site for 3rd, that I had ordered. Owner is satisfied with quality of work but says he can have 3rd done faster by migrant crew. Does he have to honor our agreement?
answered on Jan 25, 2018
Unless you have a written contract that does not allow for termination, the contract can be terminated. However, the owner would be responsible for paying you for materials already purchased and any other costs you incurred in preparing to perform the 3rd building. There may also be other damages... View More
In 1996 I had a judgement against me for the first time from a car I purchased in 1995. I thought I would wait the 10 years and in 2006 they renewed the judgement. I was told they could do this only once so I waited another 10 years. In 2016 they served me with another judgement. Is this legal for... View More
answered on Jan 22, 2018
A judgment can only be renewed once for a maximum of 20 years on the judgment. An attorney would need to review the documentation filed in 2016 to see what options are available to you in terms of resolving the 3rd judgment.
A written agreement was signed between two parties that there would be no payment to that person if they were no longer with the company. Payments were made after they left in act of goodwill after talking verbally about it. Payments stopped and now the party wants to sue because a few payments... View More
answered on Jan 11, 2018
Its not necessarily about whether one is in writing and one is verbal. It will also depend on the terms of the written agreement and the circumstances around which payments were made to the person. You should certainly consult an attorney and have them review the written agreement to discuss your... View More
Wouldn't it automatically be month to month unless new property management gets you to sign a new lease when they take over?
answered on Dec 28, 2017
No. The new company takes over the property subject to the existing leases. The leases can be terminated by either party as provided for in the written lease.
An notarized agreement was made between an individual owning a restaurant and two other individuals loaning that person money. The person who received the money has failed to make payments as listed in the agreement and is now past due. This individual now owes the couple more than what small... View More
answered on Dec 28, 2017
If the amount is more than $10,000, then the matter will need to filed in District Court. If the parties owed the monies are individuals, they are allowed to represent themselves in District Court. However, I would recommend an attorney's assistance as the process can be complicated.
She says that it cannot hurt my credit if she misses a payment under the indemnity clause and that it is totally safe to me. Just wondering if this is true and what paperwork I’d need to do.
answered on Dec 21, 2017
Even if you sell the car, you still have a direct contract with the lender to make the payments on the car. That doesn't change even if the purchaser agrees to make the payments. If they fail to make the payments, the lender can still report a default and pursue you for the balance. You would... View More
from a showing via free web posting that I thought was just to indicate the property was pre-market but soon would be available. My realtor is upset because I terminated early with the understanding that I wanted to wait a few months to relist. That was my intention, but now I have a decent offer.... View More
answered on Nov 30, 2017
It will depend on the language in your listing contract with the agent. However, even if this is all accurate and it was not your intent to harm the agent, they may never believe that and certainly could pursue you for what they believe is a breach of contract. There is no reason why you can't... View More
answered on Nov 27, 2017
You will need to review the terms of your contract with the rental company. More than likely it has provisions in it regarding how and when the contract may be terminated. It should also tell you what kind of notice must be given.
The corporation is in NC and the individual is in MO who filed the claim. The corporation received a summons to appear in court in MO. Shouldn't the case be filed in NC?
answered on Nov 13, 2017
Its impossible to answer this question without additional information. Corporations are not entitled to have all actions filed against them to be filed in their home state. It will depend on the written contract, if there is one, the type of claim and other factual considerations. You should... View More
I never signed a lease agreement and was living in an construction site for the year I was there. Under the impression that the landlord would work on house, and that never happened. I brought to her attention that I would be moving out. Now months later she threatening to file legal against me.... View More
answered on Nov 10, 2017
Leases do not have to be in writing to be valid, unless the term exceeds three years. If the landlord does pursue you for payment of rent, you may have defenses if the landlord did not provide a habitable premises.
We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... View More
answered on Nov 8, 2017
No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it... View More
A renter recently moved out and although their monthly rent was current, they were habitually late making payment and had written several bad checks. I asked on numerous occasions for late fees and return check fees but none were ever paid. Can I now deduct those fees from the security deposit?... View More
answered on Nov 8, 2017
Yes, late fees are allowed to be charged and deducted from the security deposit.
answered on Nov 1, 2017
The answer is that it depends. It is possible to terminate most contracts depending on their terms. However, if the other party has made preparations to perform the contract, such as buying materials, etc. then the termination causes them damages and you would be liable for those damages.
Am i liable to a demotion or punishment within the company.
answered on Oct 30, 2017
Unfortunately, there is not enough information in your question for an answer to be provided. It will depend on the facts of th issue and the written contract.
I drew up the contract myself and put the 30 day stipulation in it, it was signed by both parties and notarized.
answered on Oct 26, 2017
If the written terms of the contract require payment within 30 days, it appears that the party would be in default. Without more information, it is not possible to answer more fully.
Having a very hard time in collecting money owed from someone even after a judgement has been awarded, a writ of execution served and a promise made to sheriff serving the writ. When does it stop costing more money to try to get money owed? What would be the next most beneficial and successful... View More
answered on Oct 26, 2017
There is no exact answer on the next best step. It really depends on the debtor and what steps might get their attention or result in assets that could be used to satisfy the judgment. There are other types of actions that can be taken to collect a debt. Its best to consult with an attorney as the... View More
We were asked by a home owner to help with a massive clean up to make a dead line for a company that leases the property's .
we have a contract for vacation rentals general cleaning with the lesser but the agreement with the owner was verbal.
More than 20 witness know we did... View More
answered on Oct 19, 2017
I think it is questionable whether this type of clean up meets the definition of an "improvement" that subjects a property to a lien. However, you do have a contract with the homeowner for the value of your services, even if that contract was verbal.
Thank you for your help. I forgot to add that another section of the contract states: "Down payment for design retainer in the amount of $1500 to be paid at the onset of project. Invoicing shall be based on the accumulated hourly rate & the retainer will be withdrawn from bi weekly... View More
answered on Oct 18, 2017
You are likely to be able to make a case that the other party has breached the contract, but it is probably best to attempt to resolve it without litigation. I believe the failure to produce the bi-weekly invoices, particularly upon request, is likely a breach.
I asked for invoices / cost updates several times and was ignored. We wanted to stop work on the design if it started going over a certain price. We finally receive a first invoice 2 months after signing the contract and it is almost double the retainer amount. We would have stopped work on the... View More
answered on Oct 18, 2017
This language is fairly ambiguous. I am not sure that you could establish a breach but it is an argument to be made. If the contract didn't place a cap on the services, that could make it more difficult. However, they also failed to respond to your inquiries which shows that you were actively... View More
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