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1 Answer | Asked in Contracts for Texas on
Q: Can I terminate a property management contract if they fail to notify me as required for any repairs

Contract requires that they notify me if a repair is needed. They failed to notify twice with the new tenant and the repair charges were much higher than it would have cost me to have it fixed. Texas resident

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

It depends on the specific language of the property management contract. Some owners hire property managers so that they will not be bothered with tenant requests for repairs and don't have to deal with vendors to make those repairs. Other owners insist on being given the right to... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: What right does someone have who receives mail at apt. but is not on the lease

Ex is not on the lease, lives in apartment, wont leave, gets mail here but hasn't paid rent for the month. We do not have a written contract.

James L. Arrasmith
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answered on Apr 9, 2024

In California, a person who receives mail at an apartment but is not on the lease is considered an "unauthorized occupant" or "squatter." However, they may still have certain rights under California law, depending on the circumstances.

1. Establishing tenancy: If the...
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1 Answer | Asked in Contracts and Civil Litigation for California on
Q: Do i have respond to PLAINTIFFS OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADING? I'm the defendant in the case.

My attorney filed a MOTION FOR JUDGMENT ON THE PLEADINGS on March 1, 2024, and the plaintiff just filed an opposition on April 4, 2024. This is in regards to a breach of contract case.

James L. Arrasmith
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answered on Apr 8, 2024

In California, if the plaintiff has filed an opposition to your motion for judgment on the pleadings, you are not required to file a response. However, you have the option to file a reply brief if you wish to address any new arguments or points raised in the plaintiff's opposition.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: what is the eviction process for a no lease, no payment agreement between family? located in NC.

my husband, child, soon to be second child, and 3 pets live with my FIL&MIL. we have lived here since prior to the birth of our first child in 2022. we do not have a written contract or agreement stating we can live here, nor do we pay rent, as it hasn’t been asked or required of us. in 2023,... View More

Ben Corcoran
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Ben Corcoran
answered on Apr 8, 2024

You would be classified as guests since you cannot prove that a landlord/tenant relationship exists. However, if you claim a lease exists they would have to go through the eviction process. The law looks down on landlords changing the locks, but since your FIL is not a landlord, he would likely be... View More

1 Answer | Asked in Contracts and Construction Law for Florida on
Q: In the state of FL, what is the maximum late payment interest charges a contractor can charge a client for not paying on

In the state of Florida, what is the maximum late payment interest charges a contractor can charge a client for not paying on time? On top of the interest charges can a contractor add a fixed late payment monthly fee? Example 2% late payment fee penalty plus $100.00 per month

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Apr 8, 2024

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
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answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

James L. Arrasmith
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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

James L. Arrasmith
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answered on Apr 8, 2024

From what you've described, it does seem reasonable that you should be able to obtain copies of the CDs containing music you wrote and helped create, either for free or at cost. Here are a few key points to consider:

1. Copyright: If you wrote the music, you likely own the copyright to...
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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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1 Answer | Asked in Contracts, Business Law and Internet Law for Minnesota on
Q: I signed a contract for web and AI services, and emailed to cancel less than 24 hrs later--no luck so far

The company (located in NY) initiated the sales call, after regular hours here in MN, high-pressure sales/FOMO, and I was talked into signing a contract (3/27/24 at 8:20pm CDT) and paying the first month's fee of $499. Great-sounding contract with 60-day, 10 new patient referral guarantee. I... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, here are some steps you can take to resolve this situation:

1. Review the contract: Carefully read the contract you signed to see if there are any clauses related to cancellation, refunds, or a cooling-off period.

2. Send a formal...
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1 Answer | Asked in Contracts for California on
Q: If my bf is making payments on a car he bought for me can he legally take it back if it was given as a gift?
James L. Arrasmith
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answered on Apr 5, 2024

Under California law, whether your boyfriend can legally take back the car depends on the specific circumstances surrounding the gift and the car's ownership.

If the car was given to you as a genuine gift and the title was transferred to your name, then it is legally your property. In...
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1 Answer | Asked in Contracts, Constitutional Law and Education Law for Colorado on
Q: What happens if a elected school board official doesn’t take the oath of office in time?

A newly elect member of the Widefield School District Three board in Widefield Colorado Springs was not sworn in within 10 days of being elected per district code

James L. Arrasmith
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answered on Apr 5, 2024

If an elected school board official fails to take the oath of office within the required timeframe (in this case, 10 days after being elected as per the Widefield School District Three code), the consequences may vary depending on the specific district's policies and state laws. However, here... View More

2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

James L. Arrasmith
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answered on Apr 5, 2024

In California, there is no statewide rent control for commercial properties, which means that landlords can generally increase rent as much as they want when a lease expires or if the lease allows for rent increases. However, there are a few important considerations:

1. Lease terms: If your...
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2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

Robert Kane
Robert Kane
answered on Apr 6, 2024

Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More

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2 Answers | Asked in Employment Law and Contracts for California on
Q: As a contractor can employer require us to work for an 8 1/2 hour shift 5 days a week for a flat rate of 270 each day

if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet

James L. Arrasmith
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answered on Apr 5, 2024

As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:

1. Classification: It's crucial that you are correctly classified as an...
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2 Answers | Asked in Employment Law and Contracts for California on
Q: As a contractor can employer require us to work for an 8 1/2 hour shift 5 days a week for a flat rate of 270 each day

if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet

Neil Pedersen
Neil Pedersen
answered on Apr 5, 2024

Your issue here is whether you are properly classified as a contractor. If you are, then you are not entitled to the protections given to employees related to overtime and other such wage and hour issues. However it is very common for companies to misclassify a worker as a contractor when in fact... View More

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1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

James L. Arrasmith
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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Consumer Law, Contracts and Banking on
Q: My boss has gotten txt messages about my private credit card twice now bank denies any legal action I can take?
Matthew McKenna
Matthew McKenna
answered on Apr 5, 2024

If it is the bank that originally loaned the money, it will likely depend on your state's consumer protection laws. If it is from a third party debt collector, it is likely governed by the Federal Fair Debt Collection Practices Act. I would consult with a consumer protection attorney as many... View More

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