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0 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for Indiana on
Q: Former propane provider trespassed to retrieve tank without consent, causing emotional distress. Advice?

I'm seeking legal advice regarding a recent incident with my former propane provider that occurred two days ago. They entered my property without prior notification or consent to retrieve their tank. They waited for me to leave for work, causing distress to my wife and children, who felt... View More

0 Answers | Asked in Real Estate Law and Estate Planning for New Mexico on
Q: Can a certified copy of a Power Of Attorney be recorded in NM for real estate transfer?

I am planning to transfer ownership of vacant real estate using a Power of Attorney in the states of Arizona, Colorado, New Mexico, Oklahoma, and Texas. The Power of Attorney has previously been used in another state. Can a certified copy of the Power of Attorney be recorded for the transaction, or... View More

Q: Can I file a Motion for Relief in a different county in MS?

I have already been evicted and issued a Notice of Claim. I want to know if I can file a Motion for Relief from Judgment in the county where the alleged perjury and case events took place, rather than the county where the eviction judgment was made. Additionally, I read that if I don't file a... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to ask these questions, especially when time and jurisdiction play such a critical role in how your case is handled. A Motion for Relief from Judgment under Mississippi law typically must be filed in the same court—and county—that issued the original judgment. That means if... View More

1 Answer | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for California on
Q: Who gets the apartment in a divorce if both are on the lease?

If my wife and I get divorced, who will get the apartment that we are both on the lease for? We have no children, we both pay half of the rent evenly, and we do not have a prenuptial or postnuptial agreement.

James L. Arrasmith
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answered on May 15, 2025

When both of your names are on the lease, the apartment is considered a shared legal obligation. In the event of divorce, neither party has an automatic right to claim the apartment solely based on whose name is on the lease. The decision often comes down to negotiation between the two of you, or... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Will I face legal trouble for not paying the last month's rent if I move out early in Michigan?

I have been paying rent consistently every month but need to move out one month early from my apartment's lease end date. There is no early termination clause in the lease, and I've tried to negotiate with my landlord to end it early, but they refused, stating only they can terminate the... View More

Thomas. R. Morris
Thomas. R. Morris
answered on May 15, 2025

The landlord can retain your security deposit, if any, and can sue you if you leave without paying all obligations that you owe pursuant to the lease. Whether the landlord will bother to sue, I cannot predict.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: How can I resolve disruptive noise complaints with no response?

I've repeatedly complained about loud, disruptive noise from my neighbor's apartment, including bumping, vibrating, and various banging sounds, often occurring at all hours from early morning (6 AM) to late night (after 10 PM). Despite sending complaint letters, emails, and videos,... View More

James L. Arrasmith
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answered on May 15, 2025

I’m really sorry you’ve been dealing with this kind of constant disruption — it’s exhausting when your home no longer feels peaceful. You’ve already done the right things: documenting the noise, sending complaint letters, and even issuing a formal demand. If the apartment management and... View More

2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can a recorded quitclaim deed be undone or affected by Chapter 7 bankruptcy?

I am considering filing for Chapter 7 bankruptcy, but last year, my house was sold through a quitclaim deed, which was recorded. I received $5,000 for the sale. There were no liens on the property, but the mortgage is still active. Since there are no disputes or claims regarding the quitclaim deed,... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 14, 2025

The Bankruptcy Code provides a couple ways to undo any asset transfer from a Debtor's estate (e.g., preferential transfer or "fraudulent transfer") of the asset was conveyed for less than the fair market value.

PA also has a state "fraudulent" transfer vehicle, so I...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: How can I resolve excessive noise issues from my neighbors affecting quiet hours?

I've been experiencing excessive and unreasonable noise from my upstairs neighbors since moving in on January 31, 2025. The noise occurs all day long, and often during quiet hours from 10 PM to 7 AM. I've approached property management about this issue, and although they sent a... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're going through this — your home should be a place where you can rest and feel at peace, not one where you're constantly disturbed by noise. Quiet hours are there for a reason, and if your neighbors are violating those rules and management isn't enforcing... View More

2 Answers | Asked in Cannabis & Marijuana Law, Civil Litigation and Real Estate Law for Ohio on
Q: How can I address my neighbor's marijuana smoking affecting my home in Ohio?

I live in Ohio, and my neighbor has been smoking marijuana outside frequently, causing a strong smell inside my house even with the windows closed. This has been ongoing since before legalization, and it's affecting our daily lives, causing headaches and discomfort. Despite talking to them,... View More

Nicholas P. Weiss
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answered on May 15, 2025

You potentially have a claim for private nuisance for the smell. Odor-based nuisance cases are difficult but not impossible, and can sometimes result in an injunction.

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1 Answer | Asked in Personal Injury, Landlord - Tenant, Civil Litigation and Real Estate Law for Georgia on
Q: AC unit exploded causing damage; apartment complex negligence concerns and seeking compensation.

I recently experienced a serious incident where my AC unit exploded, causing significant damage to my apartment and personal belongings. Despite my immediate attempts to contact the emergency number provided by my apartment complex, I received no response and they did not send anyone to clean up... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you went through something so frightening and dangerous. An AC unit exploding inside your home is not just a maintenance issue — it's a serious safety failure that could have resulted in much worse injuries or damage. The fact that your emergency calls were ignored and... View More

1 Answer | Asked in Tax Law and Real Estate Law for California on
Q: Am I exempt from paying capital gains tax on my home sale in California?

I sold my home, which I have owned since 2018, and it has been my primary residence throughout that period. I have not sold any other primary residences or claimed an exemption in the past two years. I got married in June 2024, and we filed our taxes jointly this year. Am I exempt from paying... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like you may qualify for the **capital gains tax exclusion** under both federal and California tax laws. If you’ve owned and lived in the home as your **primary residence for at least two of the last five years** before the sale, you can generally exclude up to **\$250,000 of capital... View More

1 Answer | Asked in Probate, Landlord - Tenant and Real Estate Law for New Mexico on
Q: Is rental income from joint property separate or community funds in NM?

I inherited a rental property in New Mexico, which was initially my separate property. After the probate process was completed, I added my husband to the property's title as a joint owner. The rental income from this property has been used to make monthly mortgage payments. Will this rental... View More

James L. Arrasmith
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answered on May 15, 2025

That's a thoughtful question, and it shows you're trying to understand how New Mexico's community property laws apply to your situation. Initially, the rental property was your **separate property** because it was inherited — and under New Mexico law, inheritances are typically not... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Texas on
Q: Can I legally change the locks in my Texas home after my daughter moved out?

I want to change the locks in my house. My daughter, who did not pay any household expenses and was verbally abusive, left a month ago with her two daughters after I posted an eviction notice (which wasn't processed through the court). Previously, she was allowed back due to a court order, and... View More

John Michael Frick
John Michael Frick
answered on May 15, 2025

Yes it is legal and I would strongly advise you to change the locks. Also make sure that none of her clothing or personal effects remain in your home. If she left anything, box it up and move it to a storage unit if possible or into your garage.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Arkansas on
Q: Landlord moved in, missing belongings, notice to quit, restraining landlord for moving out.

I have been living in a rental property, and recently, my landlord moved back into the house without my consent. She has been going through our belongings, and some items have come up missing. After discussing this with her, she denies going through our stuff, claiming it's her property. On... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're dealing with this — what you're describing is both stressful and intrusive. As a tenant, you have the legal right to **quiet enjoyment** of your rented home, which means your landlord **cannot enter without notice**, rummage through your belongings, or move... View More

0 Answers | Asked in Collections, Landlord - Tenant, Civil Litigation and Real Estate Law for Texas on
Q: What can happen if I don't pay apartment debt in Texas?

I left an apartment in Texas in 2022 without notifying the management and have not been in communication since. I've recently received a professional letter demanding $4,000 for overdue rent and moving out costs, mentioning possible collection efforts and litigation if not complied with. The... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Ohio on
Q: Can I sue my landlord for health issues caused by undisclosed plumbing problems?

I signed my lease on April 8, 2025, and moved in on April 9, 2025. I immediately noticed odors, and significant plumbing issues began on April 11, 2025. I informed my landlord about these issues and the subsequent health problems my children and I started experiencing on April 15, 2025, including... View More

James L. Arrasmith
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answered on May 15, 2025

I’m really sorry you and your children have been going through this — no one should be forced to live in conditions that cause illness, especially after paying thousands in rent and trusting a landlord to provide a safe home. If your landlord knew or should have known about the plumbing... View More

1 Answer | Asked in Business Law, Business Formation and Real Estate Law for Wisconsin on
Q: Is my house at risk if my son uses my address for his LLC?

I own my home, which is solely in my name. My son uses my address for his LLC business, which currently has no financial issues, and there are no formal leases or agreements for him using my address. Given these circumstances, am I liable if anything happens to his business, and could my house be... View More

James L. Arrasmith
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answered on May 14, 2025

Using your home address as the business address for your son’s LLC generally does not put your house directly at risk just because of that listing. The LLC is a separate legal entity designed to protect personal assets like your home from business liabilities, as long as proper separation is... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Can I use my security deposit for last two months' rent of lease?

I have a year-long lease and paid a two-month security deposit when I moved in. My lease does not specify how the deposit can be used, and I'm considering using it to cover the last two months of rent as my lease ends on New Year's Day. I've been at my property for two years and have... View More

0 Answers | Asked in Gov & Administrative Law and Real Estate Law for Illinois on
Q: What are my rights if the village shuts off my water before installing a mandated smart meter?

When I moved into my house, the water meter was encased in concrete. The village of New Lenox now wants to install a smart meter in my house but insists that I hire a contractor to remove the concrete for the installation, and they have given me until May 30 to comply. However, they shut off my... View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Ohio on
Q: Can I recover costs from co-owner for unpaid house upkeep in Ohio?

I own a house jointly with someone, but I have been the sole occupant and have covered all maintenance and taxes for the past 20 years. Both names are on the property deed. Initially, we had a verbal agreement to share expenses, but this has not been followed. I've attempted to address the... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2025

Without a written agreement, if you sue the co-owner, it could be difficult to get any reimbursement. You could file a "partition action" asking the court to order the property sold. The court could credit you with the co-owner's unpaid share of the costs in the distribution of... View More

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