Contracts Questions & Answers

Q: Can I break my lease and not have to pay out the term of lease if I forced to move out due to safety concerns?

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Answered on Dec 17, 2018
Joseph Jaap's answer
There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Dec 16, 2018
Donald C Eby's answer
The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

Q: Need help to decide notice to Quit deadline

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Pennsylvania on
Answered on Dec 14, 2018
Elizabeth Tarasi's answer
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.

Q: If someone signs a contract and they die, the contract void, right?

1 Answer | Asked in Contracts for New Jersey on
Answered on Dec 14, 2018
H. Scott Aalsberg Esq.'s answer
the answer actually depends on the contract and the terms of the agreement a contract is not necessarily void upon the death of one of the parties

Q: My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Answered on Dec 13, 2018
Leonard R. Boyer's answer
You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.

Q: Year contract is up in June and landlord wants us to sign another year lease by Jan. Do we have a month to month option

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Answered on Dec 12, 2018
Gregory L Abbott's answer
It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the choice to become month to month. So one needs to look at your lease wording critically and carefully. Normally a landlord is not required to offer you a month to month option so any right you might...

Q: How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?

1 Answer | Asked in Collections and Contracts for Indiana on
Answered on Dec 12, 2018
Stuart Gregory Steingraber's answer
Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.

Q: If I have a specific eviction date is there a way for me to make payments on the past due amount and have it be legal

1 Answer | Asked in Contracts and Landlord - Tenant for New Hampshire on
Answered on Dec 12, 2018
Joseph Kelly Levasseur's answer
You can always ask the landlord to extend. If the eviction is not court ordered then they must evict you through the courts, which will take about 14-30 days to get the hearing date, the court may also allow you to pay the amount due plus costs and void the eviction.

Q: Land Lord Breaches Contract but wont let me terminate the lease

1 Answer | Asked in Contracts for Utah on
Answered on Dec 12, 2018
Wesley Winsor's answer
Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.

I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could and would make a place eventually uninhabitable and would certainly disturb your peace and enjoyment of the property with smells and clutter of undisposed garbage.

I think that it would be big enough...

Q: My bedroom is in an unfinished basement and I am sick with mold toxicity. What can I do to leave the lease and house?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Kentucky on
Answered on Dec 11, 2018
Timothy Denison's answer
Establish that there is mold in the house and that is the cause of your sickness. Put them on notice of it by sending a letter and demanding it be corrected. If not corrected, you can void the lease and move.

Q: Can I term. a yr. lease for no particular reason? I'm 6 months through and told renter it would be done in 4 mos

2 Answers | Asked in Contracts for Tennessee on
Answered on Dec 11, 2018
Mr. James Charles Wright's answer
The lease terms will control whether either party can terminate early and under what conditions. In the absence of language in the lease, without the agreement of the other party you cannot terminate the lease early.

Q: Can I break my lease through constructive eviction.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Answered on Dec 10, 2018
Leonard R. Boyer's answer
You need to retain a landlord-tenant attorney for constructive eviction. This is not easily proven, but it does seem like you have a good chance of establishing that. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Q: If I defaulted on a land contract, but seller does not have a land patent, can the seller officially order forfeiture

1 Answer | Asked in Contracts, Mergers & Acquisitions, Patents (Intellectual Property) and Real Estate Law for Michigan on
Answered on Dec 10, 2018
Brent T. Geers' answer
What do you mean by land patent? If the father owned the land (e.g. his name is on the deed), and the son is now enforcing that contract as personal representative of the estate, I see no reason why they cannot foreclosure.

Q: Is there a way to word an Easement Agreement so that the Dominant Tenant is responsible for County taxes in that area?

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Contracts for Florida on
Answered on Dec 10, 2018
Terrence H Thorgaard's answer
Yes, it appears that all of this can be done in a properly-worded agreement. But you need an attorney to be sure that it is done properly.

Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Answered on Dec 9, 2018
Erik Luthens' answer
If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

Q: Rent due 4th, charges 20$ per day late, is that allowed or is there a grace period. Michigan

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Answered on Dec 8, 2018
Brent T. Geers' answer
It comes down to what your lease says. The law does not provide for any sort of grace period. And many leases contain a provision that if you are late paying a certain number of months, it's a violation in itself. As to whether you will actually need to pay the $20 / day late fee. Some judges have a pretty firm opinion on what he or she believes to be a reasonable late fee, and ultimately that will factor in to what any money judgment may be against you. But generally late is late.

Q: what constitutes membership in any orginazion

1 Answer | Asked in Contracts and Personal Injury on
Answered on Dec 8, 2018
Timur Akpinar's answer
It’s generally a matter of being registered as a member, and if applicable, paying dues.

Tim Akpinar

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

Q: Arbitration hearing or Judgement Issue?

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Answered on Dec 7, 2018
Cary B. Hall's answer
The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?

Best of luck to you.

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