What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it
The landlord can refuse to accept payment and continue with the eviction. You could negotiate with the landlord to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment. Unless you have a valid legal...Read more »
A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks...Read more »
I signed a one year lease on an apartment. I paid the full security deposit and all the furniture and household items in the apartment are mine. During the year, my boyfriend moved in, but was never added to the lease. After the lease expired, I went to a month-to-month lease. A few months... Read more »
If your landlord and your ex are in agreement he could be released from the lease agreement. However, short of that, there is nothing to make your ex move out of the apartment as he has just as much right to be there as you do.
If you have had an eviction filed against you there will be two hearings. The first hearing is for the landlord to obtain the eviction order. You and the landlord or one of the landlord's representatives will appear before the judge and the landlord will give reason as to why you should be evicted....Read more »
There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what...Read more »
No, if they failed to pay the mortgage the house will eventually get foreclosed upon and therefore lost in the foreclosure. So if there is value in the house, it would behoove them to pay the mortgage.
Ill family health and a lost job do not excuse you from fulfilling your tenant obligations under your lease agreement unfortunately. That said, if you can work with your landlord to excuse you from the lease agreement you can be let out early. That is entirely at the digression of your landlord...Read more »
I put my truck in reverse the throttle stuck open I was unable to stop. I hit a carport style garage in a trailer park; I also hit the truck inside both uninsured. Along with their neighbor's vehicle that was insured. I was driving my boyfriend's vehicle , also uninsured. We all live in a trailer... Read more »
You can be sued for negligence for the accidents you caused in the truck. If sued, you could assert as a defense that the throttle was stuck open causing the accident but ultimately it would be up to a judge or jury to decide if you were negligent. If there was no valid insurance policy on the...Read more »
You are not required to have anything to file the case. However, a lease agreement is a good place to start in any landlord/tenant dispute as it shows that there was a landlord/tenant relationship and it establishes much of the relevant facts, such as the amount of rent owed each month, the duties...Read more »
The eviction process is the only process that allows a landlord to remove a tenant from the property. You do not need to hire an attorney to file an eviction in Indiana. However, if you are not physically present in the state an attorney can file an eviction on your behalf. It would be prudent of...Read more »
She up an left the house in summer of 2017 she told me keys were on counter that it was mine again. An after 7 months of cleaning she had me thrown off property she lives at another house we both live in Lagrange Co. Indiana. House in question is at 104 cemetery st Wolcottville, Indiana please help... Read more »
I would need to review your Settlement Agreement / Divorce Decree to provide a better answer to your question. If the the Settlement Agreement awards her the house and she is supposed to refinance and/or execute a quitclaim deed to remove your name, then you could file a contempt...Read more »
The answer is yes and no. The security deposit theoretically covers all damages outside of ordinary wear and tear, unpaid bills and back rent. Anything over the security deposit amount the landlord has to pursue against you in court.
"Cleaning and fixing" is very general. Quite a bit of...Read more »
Going on 3 months now, I have had a leak from my roof, they have come to "fix" it several times and i still have the same issue, with electrical wires being exposed very close to the leak, and the leak making puddles on my stairs causing me to fall, would that be considered uninhabitable? There is... Read more »
First off there is no such thing as 'constructively evicting yourself.' Constructive eviction occurs when a landlord fails to provide or maintain the rental premises in such a way that deprives the tenant of their rights to quiet enjoyment and/or violates the implied warranty of habitability....Read more »
Your ex-wife could disclaim her interest in the property on her own, leaving you as the sole owner. She would still have to have a new deed drawn up showing that she transferred her interest in the property to you.
My mom lived with my grandma, who recently died, for decades. The house was placed in a trust that is supposed to be divided between her and her siblings evenly. Her siblings now want to sell the home and are trying to kick her out immediately. I just want to know what her rights are.
I am sorry for your loss. If your mother was living with your grandmother and your mother refuses to leave the property, she will have to be evicted. That means going to the local courthouse, filing with the appropriate court and getting a court date to obtain a court order granting the trustee...Read more »
Contacted 2.5 months in advance for lease break policy. Was informed I would have to pay fee equal to one months rent and all rent until new tenant moves in. I agreed to proceed, at which point I was told the leasing company had to get permission from home owner. They've received this permission,... Read more »
You should consult with a local landlord/tenant attorney. The best course of action is to document everything that has occurred, including all of your communications and the lease breaking policy in case this ever has to go to court. Until then, find a local landlord/tenant attorney and at least...Read more »
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