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1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for California on
Q: I'm on a month-to-month joint lease and need to find out how I can evict a roommate that has not paid rent in 3 months.

I've already filed for small claims, but the courts are currently closed. I need to know what I can do to protect myself financially and what I can do to get the current roommate to leave as I am still obligated by contract to cover their part of the rent.

Donald M Barker
Donald M Barker answered on Apr 7, 2020

You are in a sticking situation. If you both are on the lease as co-tenants, only the Landlord can evict non-paying renter. PLUS: Depending on city/county you're rental is located, there are newly-placed holds on all eviction proceedings, for at least 60 to 90 days, due to Corona V.

Contact...
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1 Answer | Asked in Construction Law and Contracts for Nebraska on
Q: Can a contractor circumvent the law by forcing the property owner to sign a contract that tells them to.

In Nebraska, the law is that a contractor must place a fence 14 inches from any utility lines. If a contractor places a provision in the contract with the land owner that the land owner will be liable for any damage to utility lines as a result of the land owner asking for less than a 14 inch... Read more »

Julie Fowler
Julie Fowler answered on Apr 7, 2020

Unless the State is part of the agreement, a private agreement between parties that they won't follow the law doesn't make the law unenforceable. That being said, it is allowed in certain circumstances for parties to contract for one party to indemnify the other party for costs associated with... Read more »

4 Answers | Asked in Contracts and Collections for Florida on
Q: I joined a gym and was told it would be month by month and not a year long contract. I'm now being told it was year long

When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 6, 2020

Do you have a copy of the contract that you signed? If not, get a copy and go from there.

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2 Answers | Asked in Business Law and Contracts for Florida on
Q: In 2020 I noticed the business I co-owned is registered but I am no longer listed. What is the significance?

My partner who I have recently had a disagreement, recently registered the business for 2020 but I am not listed (I was listed in 2019 as a owner/mgr). What is the legal significance of not being listed on the business as I am a 49% partner?

Heather Marie Meglino
Heather Marie Meglino answered on Apr 6, 2020

Do you have a partnership agreement? Typically, that is going to control over what is on Sunbiz (I am guessing that is what you are referring to). Also, if there was not a written partnership agreement, it defaults to the Florida Revised Uniform Partnership Act. I would suggest that you have them... Read more »

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1 Answer | Asked in Contracts and Personal Injury for Georgia on
Q: Can an inmate be held in prison without an institutional file? If no what kind of lawyer would one need?

Inmates institutional file was lost and he can not take classes he need to take to parole out because of this.

Tim Akpinar
Tim Akpinar answered on Apr 6, 2020

What kind of lawyer? A criminal lawyer would be the best bet. You could try reposting your question there (and leave off Contracts and Personal Injury), you could try contacting a lawyer you find here or on your own, or you could see if the State Bar of Georgia has resources that might be helpful.... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Pennsylvania on
Q: I stay in an apartment in Pittsburgh, PA. The property owners are not providing certain services. Can I withhold rent?

These services are clearly mentioned in the lease. I want to withhold 200$ from my rent.

Elizabeth Tarasi
Elizabeth Tarasi answered on Apr 6, 2020

If it is in the lease, send your landlord and reference the language in the lease. Advise them that if they do not provide the service you will hire someone to perform the service and deduct the cost from the rent you pay.

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: How can one get out of the lease without making the other partner go trough all the financial screenings again?

Me and My Soon to be Ex-partner leaded this place, and now he wants to end the lease on his Part. We brought it up to the landlord and they said if he moves out I need to re-apply for the financial screening, the problem is his income is what helped us get this apartment, I have a way less income... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 6, 2020

If you both signed the lease then you have joint and several liability - meaning that each of you individually is liable for the rent. Providing the rent is paid each month the landlord has no power to declare a lease void, or require the remaining tenant to meet certain financial requirements.... Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Insurance Defense for Michigan on
Q: So my grandfather passed away then 4 weeks later my grandmother pass before my grandfathers insurance came in!

My grandmother may pass before the check is deposited into her account how can my mom or uncles save it before it goes back to insurance

Thomas. R. Morris
Thomas. R. Morris answered on Apr 6, 2020

The question is not altogether clear to me, but it sounds like the insurance payment is property of your grandmother's estate, and that a probate case needs to be commenced in order to deal with the payment. An attorney with the whole picture will be able to guide you through the probate process,... Read more »

1 Answer | Asked in Contracts for Florida on
Q: If your roommate dies in the middle of your lease, does his or her estate still obligated to fill the lease?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2020

Although I have never heard of doing anything like you are thinking about trying, I suppose you could wait until the decedent's family opens a probate case (if they do) and then file a claim against the probate estate for the remaining portion of rent the decedent cannot pay. However, you are... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Can my property manager amend our contract to require a commission on the sale of our home?

I own a home in Raleigh NC. In March I hired a property manager to begin renting the home out. This week they told us they found a qualified tenant but before they allow the tenant to sign the lease they want to amend our contract with them which would entitle them to a 2 % commission on the sale... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 6, 2020

No, you do not have to sign an amendment unless you are willing to change the terms of your original contract. They should proceed with the lease with the tenant.

2 Answers | Asked in Contracts for Florida on
Q: I have a question about contract enforcement

I purchased a leased vehicle for my grand daughters mom. I wrote an extensive email agreement and had her to accept the terms. Is our email agreement enforceable? Also, I was the primary on the loan, but she was added as the primary driver because I lived in VA and she was in FL. She started... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

No, if you are not shown as a lienholder you can not repossess the vehicle.

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1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Need assistance with a co-ownership!

I sold a purebred puppy on co-own to someone, with the verbal agreement that I get pick puppy from the first litter. After that, I would sign full ownership over to her. She has now “forgotten” that we had the agreement, now that the dog has her first litter and is refusing to give me my pick... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 5, 2020

Sure, many attorneys can help you with, and represent you on. a breach of contract matter, which is what you have, but in your case, you'd likely have to pay an attorney FAR more than the monetary value of the pup you were supposed to receive. If the person who breached the agreement won't... Read more »

2 Answers | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Florida on
Q: My landlord asked me to leave during the quarantine when it first started and I am now homeless.

My County stated that no evictions are to occur

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

If you voluntarily left, with the intent to surrender the premises, unfortunately there is nothing you can do about it. It's not an eviction (which would have required a court action).

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2 Answers | Asked in Contracts for Florida on
Q: Recently had electrical work done in home.Cost was $3,000. Contract states that I can get full refund if not fully

satisfied. Well they had to redo shoddy work after I complained, started work and disappeared for 3 weeks, tracked dirt into home(no shoe covers are mentioned in contract), left scrap lying around and several other things such as me missing work without pay for appt. they never kept. If they refuse... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

It appears you are entitled to a refund. I suspect, however, you will have to sue them, and then try to collect the resulting judgment.

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Breaching of a forfeiture agreement

I signed a forfeiture agreement that accelerated my stock vesting and required me to stay with the company for a couple of years. My family is sick and because of COVID 19 we can't hire a baby sitter and I have to take care of my kids and my wife and can't give more than 100% of my time at a... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 5, 2020

No one can tell you about your rights without reviewing the agreement and getting a full understanding of its making and your present situation. You need to locate and consult with an experienced employment law attorney to get the answer you need.

Good luck to you.

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Construction Law for California on
Q: Is there a penalty for backing out of an agreement for an HVAC project that has not started?

I signed a "proposal and purchase agreement" for HVAC work for my home. I signed it on March 15, work is originally scheduled for March 30-April 3 but I had to postpone it until end of April. However, with the economic uncertainty due the pandemic, I might back out of this agreement altogether.... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 4, 2020

Apparently you did not cancel the contract within 3 days, which, theoretically, locks you into it.

As you know these COVID-19 times are very uncertain, and we don't know how the courts are going to rule on the multitude of cases affected by the pandemic that are now before the court, or...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Business Law, Contracts and Consumer Law for New York on
Q: I want to sue a company called a Fiverr for stealing $320 from me? How much can I charge for damages?

If I lost the lawsuit would I have to pay them money?

Sharon M. Siegel
Sharon M. Siegel answered on Apr 4, 2020

When the courts reopen, it is a small claims matter. You do it yourself. You do not have to pay them costs if you lose.

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: Buyer can't see land because of COVID-19? A Right of First Refusal or Option to purchase best for seller?

I have land for sale in Colorado and a very interested buyer from Oklahoma. They have seen a video of the property but they can't travel to see it themselves until May or June because of COVID-19. What is the best agreement to make to sell the property and accommodate them? A Right of First Refusal... Read more »

James Alan Greer
James Alan Greer answered on Apr 4, 2020

Dear Colorado Land Sale Client: I would recommend the following for this transaction: (1) an Option To Purchase for (2) duration of X months (3 months, perhaps ?), with (3) nominal consideration (1% of the sales price, perhaps ?) which will be credited back to the Buyer upon closing. If the... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Any entitlem to any monetary settlements/damages due to a change of lending programs which delays closing and funding

We are supposed to close and fund on April 16th with the buyer using a FHA loan. We found out today that they changed to a USDA loan and could possibly delay funding past April 16th. I am paying for a moving company to move to Texas, closing on a new home on April 16th in Texas, and have to start a... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Apr 4, 2020

This is obviously a very difficult situation. The short answer is look to your contract. Unless it specifically promises you will get the damages you are describing, you are not likely to get them.

Your relationship with the buyer is tightly controlled by the deadlines in your Real Estate...
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