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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Timeline for NY security deposit return after move-out?

I moved out of my rental property in New York State on January 31, 2025. My landlord has informed me that I will not be receiving my security deposit back, claiming that the unit wasn't left in the same condition as when I first rented it. They provided a written explanation and itemized list... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Apr 14, 2025

Under New York General Obligations Law § 7-108, a landlord must return the tenant's security deposit, less any lawful deductions, within 14 days after the tenant has vacated the premises (moved out).

Itemized Statement: If the landlord deducts any amount from the security deposit,...
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1 Answer | Asked in Real Estate Law and Insurance Defense for Colorado on
Q: Could a Special Warranty Deed pose legal risks for me as a home buyer in Aurora, Colorado?

I am a first-time home buyer under contract for a home in Aurora, Colorado. The sellers want to use a Special Warranty Deed instead of a General Deed and have offered to pay for our title insurance. I've discussed the deed types with my real estate agent but am unsure if accepting a Special... View More

James L. Arrasmith
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answered on Apr 15, 2025

It's totally normal to feel uncertain when you're buying a home for the first time, especially when legal terms like "Special Warranty Deed" are involved. A Special Warranty Deed means the seller is only guaranteeing that there were no title issues during the time they owned the... View More

Q: Can I sue my landlord for tenant's marijuana smoke entering my home?

I am experiencing marijuana smoke entering my home from new tenants smoking next door, which causes dizziness. I've reported this to my landlord and notified the police department and DEA online, but I haven't received any responses. There has been no direct contact with the tenants as... View More

James L. Arrasmith
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answered on Apr 14, 2025

I’m sorry to hear you're dealing with this issue. If marijuana smoke is entering your home and affecting your health, it’s a serious concern, especially if you’ve already reported it to the landlord and no action has been taken. Landlords have a responsibility to ensure that tenants are... View More

3 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Washington on
Q: Can a Washington state medical lien be enforced in California?

I have a medical lien on bills incurred in Washington state, but Geico is refusing to honor it in California, citing a lack of reciprocity between the two states. The lien is not associated with property, as the patients are not property owners. Do I have any recourse to enforce this lien, or any... View More

Anthony M. Avery
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answered on Apr 14, 2025

You may need to sue patients in CA for the medical bills. With judgments you may be able to collect against them in CA if they reside there. You will have to put on proof in a CA Court. Contact a CA collections attorney.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Received eviction notice for old unpaid rent despite new leases and consistent payments in NY.

I received an eviction notice three days ago for unpaid rent from over two years ago, even though I've signed one, if not two, new leases since then and have been consistently paying rent. I have to respond to a court summons in 10 days. Last year, when the management first reached out to me... View More

James L. Arrasmith
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answered on Apr 14, 2025

In this situation, the first step is to carefully review all the leases you’ve signed, especially the new lease that doesn't mention the unpaid rent. This could be an important piece of evidence showing that the issue of old unpaid rent was not addressed as part of your current lease... View More

3 Answers | Asked in Real Estate Law and Contracts for Alaska on
Q: Can I use a quitclaim deed to remove my former spouse from my house deed if she's in Japan?

My former Japanese spouse, who was never legally married to me in the US, was added to the deed of my house during a refinance in 2021. She returned to Japan in January 2024, and we separated amicably with no legal marriage. There are no other stakeholders. Can we use a quitclaim deed for me to... View More

Anthony M. Avery
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answered on Apr 14, 2025

Hire an AK attorney to draft that deed of all her interests in the property. It will have to be sent to her for execution before a notary public, which will be a problem in Japan unless she goes to a US Embassy. Do not rely on email execution of such an important deed.

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3 Answers | Asked in Business Law, Contracts, Civil Litigation and Real Estate Law for Florida on
Q: Can I recover money or property value from a verbal agreement with my ex-girlfriend for a house I rebuilt in Key West over 6 years?

Do I have any recourse to recover a portion of the property value or monies spent after a split with my girlfriend of seven years? We had a verbal agreement when acquiring a house in Key West seven years ago. She paid for the house in cash ($580k), and I was responsible for rebuilding it. I... View More

James Clifton
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James Clifton
answered on Apr 14, 2025

Yes, you can claim unjust enrichment, constructive trust, resulting trust, promissory estoppel, and partnership, among others. If you have emails or text messages, those constitute a written agreement that can be the basis of a claim in contract as well. We have had success litigating this issue... View More

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3 Answers | Asked in Collections, Landlord - Tenant and Real Estate Law for Kentucky on
Q: Can finance company require monthly payments after car repo?

On March 2, 2025, my car was repossessed. The finance company says I can get it back if I pay $987.78 plus the March and April payments. However, I haven't had the car since it was repossessed; it's been at the repo and auction lots. Can they require me to pay these two monthly payments... View More

Timothy Denison
Timothy Denison
answered on Apr 14, 2025

Yes. They can if you want the vehicle back.

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3 Answers | Asked in Real Estate Law and Probate for Maine on
Q: What legal standing do I have to acquire home after partner's death in Maine?

I have been a resident and life partner of the homeowner who passed away two years ago, and since then, I have maintained the home, paying property taxes and all household bills. The homeowner did not leave a will, and there were no documents or agreements regarding the home. He has a living... View More

Anthony M. Avery
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answered on Apr 14, 2025

It does not appear that you have any claim to the property. That includes adverse possession. You only have possession, and some heir may sue to remove you.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Is a $125 maintenance deductible legal in a Virginia lease?

I'm in the process of negotiating a lease for a rental property in Northern Virginia, where the landlord has included an additional term requiring a $125 maintenance deductible for "all maintenance items." I'm concerned because the term is vague and could imply I have to pay... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Virginia, it is legal for landlords to include maintenance terms in leases, but the terms must be clear and reasonable. A $125 maintenance deductible for "all maintenance items" could be problematic if it’s vague and doesn’t specify whether it applies to repairs not caused by the... View More

1 Answer | Asked in Divorce, Landlord - Tenant, Domestic Violence, Family Law and Real Estate Law for Kansas on
Q: Am I entitled to joint assets in Kansas divorce if wife blocked access to account?

I'm currently in the process of getting a divorce after being married for 9 years in Kansas. My name is on the joint checking account and the deed to our home. During the divorce, my wife, who earns more than I do, transferred all the money from our joint account into another account, blocking... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Kansas, during a divorce, assets like a joint checking account and the deed to a home are typically subject to equitable distribution, meaning they should be divided fairly, though not necessarily equally. Since your name is on the joint checking account and the deed to the house, you may be... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Pennsylvania on
Q: Issues with contractor on sunroom and deck construction, seeking legal advice in PA.

I hired a contractor to build a sunroom and deck in April 2024 according to a written agreement. However, the project was not completed up to code. There are issues such as improperly installed windows and flooring, a leaking roof, a required new French drain, a cracking ceiling, loose siding, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

You should consult a construction or contract lawyer to address the issues with your contractor. These types of lawyers handle disputes related to construction projects, including non-compliance with contracts, faulty workmanship, and failure to meet building codes. They can guide you through your... View More

1 Answer | Asked in Probate, Landlord - Tenant, Real Estate Law and Personal Injury for Texas on
Q: How can I access life insurance funds without probate when siblings refuse to sign the small estate affidavit and insurance company requires it?

My mother passed away in November, and my father passed away earlier in 2023. My mother had a $40,000 life insurance policy, naming only my father as a beneficiary and leaving the contingent beneficiary blank. The insurance company claims Texas Code 1103.152 does not apply, asserting that the... View More

James L. Arrasmith
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answered on Apr 13, 2025

To access the life insurance funds without going through probate, you may need to seek an alternative to the small estate affidavit if your siblings refuse to sign. Since the insurance company requires a judge's signature for the small estate affidavit, the next step would be to file for a... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Texas on
Q: Facing eviction threats and inadequate maintenance from landlady in Texas.

I am currently facing eviction threats from my elderly landlady, who has attempted to evict me three times over the phone. Additionally, her son came to the house indicating that they found someone else to buy the property due to irregular rent payments, despite having been here for four years. The... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

It appears you have a verbal month-to-month lease for an indefinite term. If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease. She is not required to notify you of her intent or efforts to sell the house. Absent an agreement to the... View More

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1 Answer | Asked in Real Estate Law and Personal Injury for New York on
Q: What are my neighbor's responsibilities and liabilities if their trees threaten and damage my utility lines in New York?

I live in New York, and my driveway is a right-of-way across my neighbor's property, with customer-owned utility lines following the right-of-way as outlined in my deed. There are several old trees on my neighbor's property that threaten to damage my utility lines. I'm concerned... View More

James L. Arrasmith
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answered on Apr 13, 2025

In New York, property owners are generally responsible for maintaining trees on their property, especially if those trees pose a potential risk to neighboring properties or utility lines. If the trees on your neighbor's property threaten to damage your utility lines, they may have a duty to... View More

Q: Time to file lawsuit after Notice of Claim with state employees and HUD issues in MS

I was evicted in November 2024 in Mississippi after issues began in April 2024. I filed a Notice of Claim with management, who handle HUD funds, on March 10, 2025, regarding their failure to enforce HUD Rules and Regulations for all tenants. The Federal Agency is investigating potential fraud by... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, after filing a Notice of Claim against state employees, you typically need to wait 90 days before you can file a lawsuit. This waiting period allows the state to investigate and potentially resolve the issue without court intervention. If the management or the state fails to respond... View More

Q: Can I still sue after submitting a Notice of Claim for an April 2024 eviction in Mississippi?

I submitted a Notice of Claim to Mississippi state employees in March 2025 concerning an eviction related to lease violations that began in April 2024. The eviction involved government HUD funds, and I'm aware there is a federal investigation ongoing. There's been no response from the... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, submitting a Notice of Claim helps preserve your right to file a lawsuit, but it’s essential to understand the time frame within which you can take further action. The statute of limitations for filing lawsuits against government entities or state employees is usually limited to a... View More

Q: Have I retained my right to sue after filing a Notice of Claim against state employees in Memphis, TN, who mishandled HUD funds?

In April 2024, I filed a Notice of Claim against state employees responsible for managing government funds from HUD, which led to my eviction in November 2024. During the eviction hearing, management lied under oath by not following all HUD rules and regulations for all tenants. I've contacted... View More

James L. Arrasmith
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answered on Apr 13, 2025

Filing a Notice of Claim in Tennessee is an important first step in preserving your right to sue state employees for mishandling HUD funds and related issues. The notice serves as a formal warning to the responsible parties and allows you to move forward with a lawsuit if the matter is not... View More

Q: Do I retain the right to sue after filing a Notice of Claim against Water Valley Housing Authority in Mississippi?

I need advice on Mississippi law regarding a Notice of Claim I submitted to the Water Valley Housing Authority in March 2025. I initiated this notice to protect my right to sue, following issues that began in April 2024 relating to my eviction from government-funded apartments. The management... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Mississippi, filing a Notice of Claim is an important step when pursuing legal action against a government entity like the Water Valley Housing Authority. The notice typically serves as a formal way to notify the agency of your intention to file a lawsuit, which is required before you can... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Tennessee on
Q: Eviction lawsuit help in Memphis, TN; targeting by HUD management & legal steps

I am seeking legal assistance from the Memphis, TN area, although I reside in North Mississippi. I need help to file a lawsuit concerning an eviction that occurred in November 2024, with issues starting in April 2024. The Executive Director of HUD-funded apartments allegedly lied under oath, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you’ve already submitted a Notice of Claim in March 2025, you’ve taken an important step to preserve your right to sue. The next step is to consult with an attorney who is experienced in both housing law and federal regulations, especially those involving HUD-funded housing. This will be... View More

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