You do not "file" for adverse possession. If you are serious, then hire a very competent attorney who actually conducts real property litigation (not closings), and pay him alot of money for advice what to do for the next several years.
The Detainer Warrant is filed by the Owner as plaintiff, but the property manager can be the witness to the lease contract breach. You can argue to the Judge that the landlord lacks standing to file the Detainer, but the Court might ignore you, or the owner then just files suit and serves you in...Read more »
Car in my name, lease is also in my name, tow company recked car, and I took pictures and videos to prove that, the reason why I did not remove the car is that I was not in town for 10 days. I found out about the notice and the whole incident when I came back.
Yes you should be able to sue the landlord and his agent, the tow company, for tort damages to property and possibly conversion. But you will need witnesses that will testify to the towing, which will be tough. Damages really need an expert about the car's pre-tort value. General...Read more »
I was unable to reach my landlord and it was day 33 of having emergent safety concerns submitted to maintenance. (Window fell out of wall, breaker was sparking/blowing, floor caved in, no smoke detectors/sprinklers/extinguishers, and they building failed building and code inspection) I sent my 60... Read more »
Read your lease contract. It probably allows for the landlord/owner to enter the leasehold. Most tenants would be happy that the landlord was taking care of the premises. Even if they were supposed to give you notice, what damages could you put into evidence?
Not sure of your relationship with this matter. But the landlord or owner should have already filed a Detainer Warrant with Sessions Court. It must be served or posted, as the owner should probably only seek possession. Hire a competent attorney to file this tomorrow.
I considered it abandonment. I posted the information to contact me. Nothing. They pulled a mattress and boxes if other junk out and left it in the rain. They also left the door open with the key in it. I locked it and a month later I put their stuff in storage. Now they're threatening to have... Read more »
Tenant violated the same clause in the lease multiple times in less than 6 months. Tenant wanted to negotiate vacating the premises and LL refused. LL filed formal eviction in the court and tenant was served. Tenant vacated property 2 weeks later. Tenant is countersuing for deposit and lawyer... Read more »
I recommend hiring a competent attorney to sue for possession. A Detainer Warrant may work if the SOL has not run, but an Ejectment Action in a Court of Record may be necessary. Publication Notice may also be necessary. This could be difficult, or it could be fairly simple. Hopefully it is no...Read more »
We got behind on our bills and was living in a Habitat for humanity home for right at 5 years. We managed to get caught up and it was a huge relief all that the attorney told us was to make sure to pay on time from now on. And me thinking all was well I quit worrying about it next thing I knew was... Read more »
One co-owner (mother) died in August, 2020, remaining co-owner (brother) has refused to provide keys & access to said property & is attempting to buy me out, but demands I pay for expenses that are not affiliated with said property, While I am willing to share half of property taxes &... Read more »
These money issues can probably only be addressed through an Action for an Accounting and Conversion. But you basically only have a 3 year SOL. Again the real property needs an agreed conveyance, or an Action for Partition.
after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.
If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each...Read more »
There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »
The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.
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