A tenant may choose to break the lease. The landlord is then under a duty to mitigate damages - essentially to try to re-rent the unit. The tenant may then be held liable for the months in which no rent was collected from the tenant or the new tenant, the difference between the new tenant's...Read more »
My "residential offer to purchase" agrees to ingress egress easement from neighbor owner for parking. "seller shall deliver a written assessment in recordable form". Seller owned both homes at the time. 10yrs using easement access, the seller never recorded the easement and just... Read more »
I am sorry to hear about this situation. Did the seller ever deliver the written assessment to you in recordable form? If so, it sounds like it may have been your responsibility to record it as the new buyer. Does the offer to purchase explicitly state who is supposed to record the easement? I...Read more »
Seller accepted offer to bump our offer, which gives us 72 hrs to remove our contingencies per the original accepted offer. We have removed our contingencies and sent back this information, seller refusing to acknowledge although seller's agent has acknowledged. We have met all of the agreed... Read more »
Assuming the offer provided that the bump clause could be waived by the buyer within the 72 hours and assuming that you provided the proper and timely notice of waiver along with any required supporting documentation per the terms of the offer, then you could enforce the offer. If seller will not...Read more »
But found out there’s a lien on the house with someone else. The person with the lien passed away recently. If I end up paying for the house who does the money go to? Or should I keep paying my land contract and he pays of the lien ?
If two parties are not legally married, I do not recommend jointly owning property with someone who is also not liable for the mortgage on the property. Once you are married, your husband can add you to the title, if he wishes via deed. In Wisconsin we have a special form of ownership where married...Read more »
I signed a lease with company A that random February 2018 to January 31st 2019. The lease has an automatic renewal clause that stated it automatically renewed for 1 year but they would sent out a noticing giving provisions for lease renewal. Company A was sold to company B in November 2018 and a... Read more »
When Company B acquired Company A your lease was also acquired and transferred to Company B whether you were told or not. so, regarding the issue of you breaking the lease and leaving early, you lose. Written contracts are written for a reason. And they are not easy to get out of.
I signed contract and offer was accepted for 1,000 over asking price plus 4,000 closing costs. initial closing was scheduled for june 28. Now they changed the closing to july, 20th without my approval. I paid for inspection and inspector says windows need to be replaced for the loan to go through.... Read more »
It is impossible to answer a contract question without reading the contract. That being said, generally neither party may unilaterally change the terms of the offer. In the present case, if your lender will not fund the closing without the window replacement, then the terms of the contract may...Read more »
I was originally going to move into summer housing July 8th, and the landlord sent me the lease to sign (didn't have a signature of the landlord). I filled out my part and sent the paper to the landlord. Afterwards, I could not contact the landlord whatsoever - Facebook, email, call,... Read more »
Based upon your facts the only reason you think you have an "incomplete lease" is because your copy does not have the landlord's signature on it; is that right? If so, the answer is tough darts. As long as you signed the lease you are liable under its terms. Look at the lease and...Read more »
As a general matter, if the information is material (and not some minor and inconsequential fact or detail), it could possibly result in dismissal of the action. How it is treated by the court could be determined by the mental state of the person providing the information, in that if it is done...Read more »
The name listed at the top of the document is First, middle, last name. However, it was signed as First name, middle initial (only, not whole middle name) and last name. I also have a copy of his drivers license in his whole name, but with the signature the same as on POA: First, MI, Last name, to... Read more »
My landlord just sent us a letter saying that we need to have a carpets professionally cleaned before moving out. However, the lease does not mention the house needing to be professionally cleaned whatsoever. The most it mentions regarding carpets is that it should be "cleaned". And... Read more »
So, I've been with my current landlord for 9 years. We are on an annual year to year lease. I was thinking of moving when it is time to renew this year, must I give a 60 day notice even though my lease expires?
Regardless of the term of the lease, to avoid all problems you should give the landlord whatever length of notice required by the written lease. If the lease has already expired you are a tenant at suffrage; but you still should give the landlord some reasonable notice.
Signed an advertising deal with Wisconsin based company which I am now in the process of terminating by way of paying an early termination fee. My question is since they failed to inform me of my right to terminate and no where on the contract does it state it, do I have grounds for a complaint?... Read more »
Unfortunately, not every written contract is required to have a free "I've got second thoughts and want an early out" clause. In fact, you should be glad the contract even has an "early termination fee" clause, because that is not required everywhere either.
I signed contract in Ga with representative from a Wisconsin company. I am 22 and representative took me to fancy place and offered food/drinks I got caught up and signed a pretty bad deal. I will pay their early termination fee if have to but seems a little unfair. The salesperson told me that if... Read more »
Unless you signed the contract less than a week or ten days ago the "cooling off" clause has probably expired. Claiming to have been taken advantage of because the sales guy plied you with fancy food and expensive booze while he was convincing you to sign the "bad deal" will...Read more »
Generally, the lease from the prior owner is assigned to the new owner. The old lease remains in force through its original term. The new landlord may seek to obtain a new lease to replace the old lease but you do not have to agree to the terms. Of course, the landlord might choose to not renew...Read more »
I use the CD set and transcript as part of my psychological therapy. I would like to purchase additional CD sets for my therapists and also give them a copy of the transcript that I made. Is this legal?
May I purchase CD sets and present them along with a copy of the transcript to... Read more »
Preparing the transcript might be considered fair use or a derivative work. So long as you purchase as many copies as you are giving to others and using within your practice, the likelihood of a possible copyright infringement claim falls significantly. But without further information about...Read more »
After living in this house for two years and finally moving, my landlord kept most of my security deposit for not paying the sewer bill that we never received nor knew we were supposed to be responsible for. It was not on our lease however we did agree to pay for water every three months. Are we... Read more »
There are a couple of issues here. Responsibility for utilities needs to be spelled out in the lease. Depending on the locality, it may be common to refer to water and sewer as parts of the same whole - particularly if they are billed together on the same invoice by the municipality. If this is the...Read more »
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