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 »
You need an attorney who practices eviction and real estate law.
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 »
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... Read more »
You only have 3 days to cancel the lease agreement if the lease agreement gives you that option. There is no state or federal statute that will give you that right. If the place is deficient or "uninhabitable" then you would be able to cancel on the ground that the Landlord is breaching a major... Read more »
my landlord evicted myself and my boyfriend said he had no choice. the neighbor tried to get us to swap her daughter apartments but we said no, my boyfriends roomate made the choice to talk to the neighbors and the landlord and they all agreed that me and my boyfriend should be evicted, and then... Read more »
If your eviction is still pending, a landlord-tenant attorney could advise in the best manner - or given the difficult situation, you may have already decided to start looking into other places at this point. Good luck
Tim Akpinar
I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?
No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.
Once they have paid you, they can't take it back. This is... Read more »
I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have in... Read more »
You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... Read more »
What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone
Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.
If you were under duress or undue influence by the person to whom you signed them over to, you... Read more »
motion to dismiss complaint was upheld by judge
The four corners rule basically states that the Court will look no further than the four corners of the document (contract) to determine what the terms of the agreement are. The exception to this is if there are ambiguities in the contract, if there are the Court will look for outside information... Read more »
So the mechanic lein is only paid if the house is ever sold.
Hello,
I am sorry to hear about this. Are they claiming a defect in the work? Did you have a contract that outlined the work and timing of payments?
In any case you have two remedies, you can usually put a mechanic's lien on the real estate, which will have to paid if the house is... Read more »
My CHOICE Home warranty (CHW) policy covers my HVAC
CHW sent a technician to evaluate my HVAC problem
CHW denied my claim:
“It has been determined that there is a restriction in the refrigerant line of the HVAC system. This contamination of the sealed system is the result... Read more »
Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can tell the future) and unable to opine on your current dilemma. The only way you can bee 100% sure if you... Read more »
My boss told me to cancel his Waste Management service because his monthly trash bills were ridiculously high. I contacted them and told them I needed to cancel the service because it's too expensive. We have another provider that will do the same service for 100's less per month. They transfered... Read more »
I do not practice law in Utah--but I am very well aware of how easy it is these days to trick people into doing something they never intended to do. However, that said, I also know how easy it is for THE BUSINESS (not you) to hire lawyer to take up the business' mantle and push back at corporate... Read more »
What type of document would I use for an agreement with a supplier of a product that has agreed to discount the sale price of their product to us in exchange for us optimizing their product listings on Amazon and working to boost overall sales of the product on the Amazon platform?
Thank you for your question; you have created a great teaching opportunity:
Answer: There is no generic form because each contract is different.
FYI: Unlike the military, IRS, government agencies and all other bureaucratic organizations--that love to create standard forms that... Read more »
This depends on your contract. You need to first look at the contract. What are the terms for early cancellation?
I am not aware of any state law that allows someone to back out of a contract within a certain period of time. The best advice I would give would be to look at the contract... Read more »
Yes.
It doesn't matter who the parties are, unless one of them is a minor or if fraud was involved. Non profits are just as liable as other people.
Wes
Landlord did not have space ready by the time lease said. Can I get damages from them even though there is no language in the lease about what happens in this case and no language about damages whatsoever?
In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation that... Read more »
I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.
Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.
More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.
I am not sure... Read more »
I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they signed... Read more »
Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.
I hope this helps.... Read more »
I recently rented out a apt. the lease that was signed was a lease takeover that was for 6 months, during the last 3 months i requested a copy of the lease, I then noticed that the manager forgot to sign the lease. I then signed another contract with her ( which i still have a copy of) stating that... Read more »
Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you had a lease... Read more »
i pay for rent, plus an extra sum of money for sewer garbage and water to the landlord. The landlord is supposed to pay for sew, garbage and water and is stated in the contract. The landlord never has paid for garbage so the city started to charge the garbage to me. so i was paying double. i want... Read more »
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... Read more »
Our customers are classmates who volunteer to be a reunion planner. These planners select dates and activities, and then we sell event tickets to the classmates. A lot of the venues require a signature to accept liability.
1) Should my business sign that document and then have our... Read more »
Hi,
Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.
Ideally your participants would take on the liability directly from the venue,... Read more »
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