Get free answers to your Real Estate Law legal questions from lawyers in your area.
What would be the process to evict him? His ex is causing issues. They are both smoking inside the house after being asked multiple times to stop. This is a non-smoking lease.
answered on Dec 28, 2020
Some courts only allow landlord to file an eviction. If roommate is violating a term of the lease, talk to the landlord about it.
Hi, I bought a house in October of 2019. In our contract it states that before we buy the house the nob and tube must be removed by a licensed electrician. Our power upstairs went out and we found that he didn't uphold his end of the contract he splice the nob and tube with new wiring. Do we... View More 
answered on Dec 28, 2020
Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise you of your options for a fraud or breach of contract claim.
Our lease has been up since May 31, 2020. It says they will no longer automatically renew leases They never contacted us if we wanted to stay or not. But they have continued to cash our checks no problem . With the proper 30 days notice can we move out since we never signed a renewal?
answered on Dec 8, 2020
Talk to the landlord to confirm that they agree, and when the lease will terminate when you give notice.
Install of 4 ft fence around my prop. The subdivision in which I live has an HOA. All requests of this type need HOA approval. Based on the HOA gdlns, there is to be a 15-inch (at least) variance, in this case, at the back of the property (for utilities, emergency access, etc). (I believe city... View More
answered on Nov 30, 2020
City zoning always has priority over HOA rules. It is unlikely that the existing fence will be required to move. A boundary survey might be required to establish and mark the boundaries and required setbacks. Talk to both the city and the HOA management company about the required setbacks and... View More
We both the house from his brother and have a title to the house. The house came with the land that house directly sits on. He's constantly saying that if we don't pay him $X amount each month he will call the sherriff and have us removed. We pay our own property taxes as it is. His mom... View More
answered on Nov 30, 2020
You'll have to retain a local real estate attorney to review all the relevant real estate records to determine who has what specific rights to the house, land, any easements, etc. Use the Find a Lawyer tab.
Oct 29th: I entered a real-estate contract to purchase a house. the contract says to close on or before Nov 30th. (email)
Nov 16th: I did let my agent know that I'll be out of the town on Nov 25th for 7 days, and will try to close sooner (texting)
Nov 18th: I was cleared to... View More
answered on Nov 23, 2020
If the seller can't close before Nov. 30th, then that is a breach of contract and you can terminate. They will likely ask you to sign an extension, but you aren't obligated to do so.
If the seller is able to close by then, you can still terminate the contract if you want. This... View More
It’s a shortcut to that part of their property. They can access it from their property but they’d have to go the long way around.
answered on Nov 23, 2020
An attorney would have to review the real estate records to determine what documents give your neighbor the right of way, the purpose, extent and location of that right of way, etc. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and the real estate... View More
Fourth sibling lives in house and won’t consider selling even though she has no income to pay even the basic bills.
answered on Nov 23, 2020
Yes, all co-owner of the house must agree to sell, along with the spouses of any of the co-owners who are married. If they all can't agree, then if a co-owner wants to sell, that person must file a partition action asking a court to order the property to be sold and the sale proceeds divided... View More
I bought my house as part of an estate and the sellers sold a bunch of stuff that was in the garage to another person. He has removed some of the stuff (things worth money) but there's still a lot of stuff he hasn't moved and I would like to be able to use the garage I paid for. Everytime... View More
answered on Nov 18, 2020
You could send him written notice which gives confirmation of receipt, like FedEx, and specify a deadline for him to remove it or you will discard it. But then he might sue you if you do. To be safe, you can file an eviction action. Notify him that's what you will do, then check your local... View More
my lease expired in Jan 2020 and the house is for sale. But according to the paperwork from the courts, it will go to sheriff's sale. Do I need to move? Can I be evicted? Should I still pay rent to the landlady?
answered on Nov 16, 2020
If sold at sheriff's sale, you'll have to talk to the new owner about staying. But the owner can ask you to leave, and evict you if you don't, although some tenants might be protected from eviction because of the limits on evicting some tenants because of the virus.
I have children outside of our marriage and just want to make sure my wife retains our home.
answered on Nov 13, 2020
There are several things to consider in determining whether that is the best thing to do, and if so, how to do it. There are many other considerations. It depends on your financial situation, health, children and family issues, etc. If not done properly, it can affect Medicaid eligibility, cost... View More
My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his girlfriends kids, how can we stop this? My Dad telling me that we will not get anything or only get what he owe on. What can be done? My Dad lives in Ohio.
answered on Nov 10, 2020
If he is incompetent, then you can apply to be his guardian and take control over his finances. You could also notify his bank that you believe he's incompetent or under undue influence. If he's competent and not under undue influence, then your options are very limited.
answered on Nov 4, 2020
You do not own it so you cannot sell it. In order to own it, someone must open a probate estate ... but whether you own some of it or all of it will depend on the language of the Will. And if there is no will and your siblings had children, some of the ownership will pass to them.
You... View More
My daughter's fiancé borrowed $35,000 to purchase home that we all lived in, engagement called off we moved out, he sold home and refuses to pay me back. What legal steps do I take to get my money back? Thank you. Patricia
answered on Nov 4, 2020
If you consulted an attorney when you lent the money, the attorney could have prepared a loan agreement for him to sign, and secured it with a mortgage on the house. Use the Find a Lawyer tab to retain a local attorney to review all the facts and advise you whether you have any hope of recovering... View More
My mom has been renting a home to someone for 8 years. They have no lease agreement and was asked to move over 30 days ago and she still has the text message showing she gave them 30 to vacate. They haven’t paid last months rent either. so the house could be closed on. But are refusing to move.... View More
answered on Nov 4, 2020
Use the Find a Lawyer tab to retain a local real estate attorney who handles residential evictions. That will get them out.
A section of my HOA's Declaration of Covenants, Conditions, Restrictions and Easements clearly states that they are responsible for storm water drainage in common areas of the neighborhood: "It shall be the obligation of the Association to properly maintain, repair, operate and control... View More
answered on Nov 2, 2020
Talk to other board members and persuade a majority to act. Or find other homeowners who want action taken with you and are willing to serve on the HOA board, and try to get a majority of new board members elected to take that action. Otherwise, use the Find a Lawyer tab and retain a local real... View More
My neighbor has tons of junk cars through out their yard. Trash every where kids with no running water and the dump stuff into the near by creek. If I can get them into legal trouble who should I contact?
answered on Oct 29, 2020
Neighbor problems are difficult to resolve, and can escalate and become very unpleasant if neighbors are reported. Talk to your local building and zoning office first and ask if they have any ability to do anything - without giving your name or address. There could tell you there is not e much... View More
Today is Tuesday and my son was taken to the hospital on Friday night. Since Friday night, my son's landlord had been harassing me about his animals and the rent. The rent isn't due until Nov 1. My son's best friend is taking care of his pets. She feeds them and lets them out a few... View More
answered on Oct 28, 2020
There really is no way you can keep landlord out. The landlord has the right to inspect the premises upon giving notice, and he has given notice. And there is no practical way to prevent him from sending them to the shelter. In theory, you could go to court and try to get an injunction, but who... View More
Exclusive Rights to Represent buyer ("Agreement") is between the "Client" which has 2 names on it and the "Broker". Only the broker and one person mentioned in the "Client" section signed the agreement, the other person that is listed as client refused to... View More
answered on Oct 27, 2020
If the broker files a case in court, that makes it a "valid case" against the one client who signed, and that defendant must file an answer to the complaint by the deadline. Whether broker's case can succeed, depends on the contract and all the facts. Defendant must discuss all... View More
I am approved to build a house on the property but we can't get a clear title. Previous owner owes $1400 in taxes and judgment lien is active.
answered on Oct 26, 2020
A lien is recorded in the county recorder's office, and that public recording is deemed to give notice to any potential purchasers. If the seller gave a a warranty that there was no lien, then you might have a claim. But if seller said nothing, there was no requirement for seller to disclose... View More
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