Get free answers to your Real Estate Law legal questions from lawyers in your area.
Landlord/Tenant issue
answered on Oct 27, 2019
If a Defendant has claims against the Plaintiff that arises out of the same transaction and occurrence, the Defendant must file a counterclaimat the time an answer is filed unless the matter is in Magistrate Court. You have additional time to file it in that court.
Check the rules or... View More
and can she transfer them upon sale of her property
answered on Oct 14, 2019
She has an easement by prescription for the driveway if she does not have an express easement. Yes, these easements are transferable.
The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?
answered on Oct 14, 2019
It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... View More
I broke a rule in my lease. Probably manager texted me and said that I have to leave property by November 12 due to breach. I was informed one week ago and the property manager said that the sixty days began when lease was breached... and not when I was informed of early termination
answered on Oct 14, 2019
I think I have answered this question. I would not assume because your broke a term in your lease that your lease has terminated. See an attorney.
answered on Oct 14, 2019
I assume that you are writing about a tax sale of your property. Yes, you can pay your taxes and recover your property for a certain amount of time after a tax sale. See an attorney for details.
I'm 80 and want to go live with relatives out of state. I have life tenancy in my house and the warranty deed I set up says I have "one half undivided interest in the property for and during my natural life." I want to know if the remainderman has unrestricted right to do whatever... View More
answered on Oct 14, 2019
If you move out you retain your 1/2 interest. You can sell your interest to the remainderman. If rent is collected, you are due 1/2 of this after expenses. IF he sells the property it will be subject to your life estate. One cannot sell what one does not have, and the remainderman does not have... View More
Property manager claims that I breached my lease on September 12. I was sent a text on October 1 saying that 1. My lease will be terminated early. 2. I have to vacate property by Nov 12 and 3. that the sixty days began when lease was allegedly breached and NOT when I was notified.
I am... View More
answered on Oct 14, 2019
A breach of the lease could allow the landlord to dispense with any notice provision in the lease and move to dispossess you by demanding the return of the premises and filing a dispossessory action in your county's Magistrate Court. Perhaps your landlord does not understand the law?... View More
1 weeks rent ? and continue to pay rent going forward ? .
answered on Oct 7, 2019
Yes, if the landlord is in agreement. However, normally, a security deposit is not to be applied to rent while the tenant is still occupying the property. The deposit essentially serves as security to your landlord, in the event you leave the property damaged or in the event you leave without... View More
My niece (a minor) has an estate from my brother's wrongful death. Court named my dad as Trustee, and her mother as Conservator in 2007. Fast forward, mother lost parental rights 2014. Trustee been handling property last several years alone. Mother voluntarily withdraws as conservator 2019 to... View More
answered on Oct 3, 2019
It is not unusual for a judge to appoint a guardian ad litem under these circumstances.
And my spouse dies before divorce, am I responsible for property?
answered on Oct 2, 2019
The house is considered marital asset, regardless of which person's name it is in. Once you legally divorce marital asset will be divided, with the judge making the decisions after reviewing the facts of the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Couple is not together
answered on Sep 11, 2019
You could repost and add Probate/Estate Planning to your categories. Real Estate was a reasonable selection on your part, but since you mention "beneficiary," this sounds like it could be something for an attorney who is knowledgeable about wills, trusts, etc. Good luck
Tim Akpinar
answered on Aug 28, 2019
Yes.
Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... View More
answered on Aug 17, 2019
Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.
Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until... View More
She stored things in my attic and has stuff stored in my garage. What can I do as this space is needed.
answered on Aug 14, 2019
Since the person was a renter, to be on the safe side, file a dispossessory action that includes her room, the portion of the attic, and the portion of the garage. Warn her that she must take her stuff out or you will file a dispossessory.
You file it in the county where the rental... View More
answered on Jul 31, 2019
To answer this question, additional facts are necessary. Is the deed for a real property transfer? What type of deed is it? An attorney can review the deed and the will and advise you accordingly.
We have lived here with their permission for 6 years. He(father in law) gets drunk and harasses us and tells us that he'll sell the property we live on. Could we be forced to leave the property? Mother in law is not in agreement with him.
answered on Jul 30, 2019
Without knowing all the details of the arrangement and just going off of what you have described here, it sounds as though they could make you leave if they wanted to, since they own the land. If that were the case, you could take the mobile home with you, since you own that. -Homer P. Jordan IV,... View More
My grandma left money for grand kids and dad used it to but a house and land. Now that he has passed can wife just take the house?
answered on Jul 15, 2019
I cannot answer the question without an answer to the following:
1. When you say left money for grand kids and Dad used it to buy a house, it is critical what the Will said that left the grand kids the money. If it simply leaves money to Dad for the benefit of children, that is one thing.... View More
This lady and her family bring her dogs to my home to do their business specifically in my yard even after I've asked them to stop.
answered on Jul 8, 2019
You can bring a civil action against her for nuisance and trespass.
If you haven't already done so, send a cease and desist letter or hire an attorney to do it. You can use that letter in court if she continues her behavior.
I broke my lease at my last apartment to live with my now ex. He purchased a home and wanted me to come live with him, so I did. I legally changed my address and everything. I paid for utilities and calculated over 3 grand spent since I moved in, on renovations and appliances. A lot of verbal... View More
answered on Jul 2, 2019
It doesn't sound like you had any contract regarding the money you chose to spend. You would have had to pay rent to live somewhere, so spending money on renovations while you were there is the same as paying rent.
We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.
answered on Jun 20, 2019
That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of... View More
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