My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?
answered on May 22, 2023
Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the... Read more »
Landlord has asked for more security deposit claiming we have cussed more damage than the deposits but will not provide receipts for the repairs and no repairs have been done over 100$
answered on Feb 26, 2023
The first place to look for the answer to your question is the lease – if you have one. The lease terms should address this. If the lease terms do not or if you do not have a written lease, then Pine Tree Legal has this to say: Security deposits are your money that a landlord is just holding.... Read more »
answered on Feb 19, 2023
I previously answered a very similar version of this same question and my prior answer should be helpful here. As far as your request for forms needed to sue, here is a link to the State of Maine Judicial Branch Court Forms Search web page:... Read more »
I don't want to be recorded while in the back yard. Can he be made to take it down legal and if so how do I go about doing it?
answered on Feb 17, 2023
Your question is missing a number of critical facts. Are you the landlord? Do you own the building the tenant is in? Do you also live in that building? Is it your backyard? Is the tenant putting the camera on the outside of the building?
As a general matter, the first place to look for... Read more »
Away and now I don’t know what to do. Nothing was in place no well, no nothing.
answered on Feb 17, 2023
Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you... Read more »
As a landlord, if I ask a tenant to pay a higher monthly rent upon renewal of the lease, but I notify the tenant of my increase after the state of Maine required 45 days notice and the tenant refuses to accept my proposed increase, can I choose not to renew that lease and then find new tenants who... Read more »
answered on Jan 26, 2023
It depends on how you do it and what the terms of the current lease and your notice of rent increase provide. I would need to review the current lease and the notice of rent increase to provide you with an accurate and more complete answer. As a general matter, however, if you make it clear the... Read more »
answered on Jan 19, 2023
The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and... Read more »
I have a felony but I never did prison time on the application is it still recognized as a felon
answered on Jul 2, 2022
If you have been convicted of a felony, it is on your record, even if you did not serve any jail time.
answered on Dec 22, 2021
You might offer them enough money to Deed their interest. If there is enough equity, you may have to hire an attorney to file an Action for a Sale for Partition.
Landlord wants to put up brokers marketing sign in our lease space before our lease term expires. Lease does not have the provision that landlord can enter and put up the sign. Can tenant withhold rent payment or charge landlord for usage of leased property (window) for advertising?
answered on Nov 10, 2021
The answer to whether your landlord can put up a broker’s marketing sign in your lease space before your lease term expires will likely depend on the language of your lease. It is generally standard for a commercial lease to contain a provision allowing a landlord to do this under certain... Read more »
My copy still has the old dates of 11/1/20 to 11/1/2021. They just had me resign but didn’t change any of the dates and it’s 15 days early.. is my lease good or does it technically not start yet?
answered on Oct 21, 2021
This question is difficult to answer properly without seeing the lease, but in general, the answer will depend on the intent of the parties in resigning the lease. If you both resigned the lease with the intent to extend the term for the same period, i.e. another year, then your current lease will... Read more »
On 2 occasions my landlord has text me saying they need to get the furnace cleaned and asked if I could be at home to do so with a 30 min notice. Is this legal?
answered on Oct 21, 2021
Applicable Maine law provides as follows: "A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit... Read more »
answered on Oct 19, 2021
I suggest you contact Pine Tree Legal Assistance: https://ptla.org/contact-us#Augusta
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My understanding is that small claim court limit is much less than that in Maine. Do I need a lawyer? How much does it roughly cost?
answered on Oct 13, 2021
You are correct about small claims court – the limit is $6,000. If the landlord is an entity, then the general rule is the entity needs to be represented in court by an attorney (it cannot represent itself). If the landlord is a natural person, he or she can represent themselves in court,... Read more »
Signed a year lease on a 2 bedroom and my relationship with my roommate became untenable to where I did not feel comfortable staying there. I told the landlord that I
was going to move but would pay out the lease (two more months). I found another place and the landlord has done a... Read more »
answered on Sep 25, 2021
You say, “the manager made it clear I was not required to . . . pay out the lease (two more months).” If that constituted a binding agreement, then you have no legal obligation to pay any more rent.
They have already had a sheriff server everyone in nearby units, but we paid the whole year upfront.
answered on Aug 24, 2021
The answer will depend primarily if not exclusively on the terms of the lease, but the fact that you paid a year's worth of rent upfront may entitle you to remain in the leased property until the end of that period.
I went as far as calling the bank, then calling the probate court,, getting the lawyers name, calling and leaving a voicemail and have not heard anything. Reecntly financial troubles arose I had to dip into the saved rent money and now do not have what I would technically owe. I am fearful someone... Read more »
answered on Jul 13, 2021
You are in a very tenuous situation; you should be looking for a new home for both you and your parents that you can afford. It seems as if you have paid for repairs, but you have not guarantee that you will ever be reimbursed for that. Do you know how much the mortgage payments are? If you are... Read more »
I got a pressure washer for free one fall day with the landlords boyfriend. Stored it under the porch to my apartment. boyfriend then took it, told me he threw it away because he thought it was his. He pulled it out of his garage 2wks later asked me to check it over and see what it needed to work.... Read more »
answered on Jul 12, 2021
You have not provided enough facts for me to answer your question. For example, do you have a written lease? Did the landlord provide you with a written notice to quit? If so, what did it say?
i did call M.P.D. and they came and tried to get her to talk,she didn't answer and i could hear her above me,i tried the landlord to do something,it has made me sick and my cat,what can i do?
answered on Jun 9, 2021
I do not know what "M.P.D." means. I would suggest you report this conduct to your local law enforcement agency and see what they can do for you. You could also report it to the town code enforcement officer or other appropriate official. Here is a link to some more information:... Read more »
We filed a complaint that snowmobiles being started in the garage below us were causing gas fumes in our home. I have a pregnant wife and three small children home all day having to breathe it. Our land lord says they should be able to use their garage how they please without worrying about gas... Read more »
answered on Feb 28, 2021
The question is whether the landlord's use of the garage "renders the dwelling unit unfit for human habitation." If so, "then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that:
A. A condition,... Read more »
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