I think you'll need more than some Facebook pictures to establish that this person is running a business out of your house. Unless they are open to the public - meaning anyone can walk in off the street to get their hair done - I'm not convinced what they are doing constitutes a business... View More

You will need to file and obtain what's called a writ of eviction and have it served on the tenants. You should do this for your own good even if the tenants are gone but left stuff behind.

IF you sent them the correct form (it does not need to be sent certified mail by the way) and IF your lease allows for it, and IF they have not voluntarily moved out, then your next step is to file for eviction / damages.

The BEST way to do this is with the help of a local lawyer. It can... View More

First of all, see the end of this answer!

1) DO EVERYTHING IN WRITING. You saying 'they were aware' is too easily countered by 'no we weren't'. I sent these 4 emails that they responded to and these two postal letters is far harder to deny.

2) Have you... View More

You can tell him to leave, but if he refuses or resists, you'll need to evict him. You can be a tenant even without paying rent or bills. And because the house is in your sister's name, she is the one who would need to file.

I know it doesn't seem right or fair, but it is... View More

No. Presumably, your landlord still has your security deposit, correct? So unless she voluntarily turns it over on your request, you will need to 1) find a lawyer to help, and 2) take her to court for a judge to work it out.

Hard to say for sure without seeing ALL the facts, but the mere fact that a third party broke the law doesn't mean you can avoid a contract. Did YOU do something to encourage the break-in? Did you NEGLECT something basic that caused the problem? Did you KNOW of the risk and INTENTIONALLY do... View More

The detail is not relevant to the question, and no, because there was an altercation you can't change the terms of the will. You MAY be able to make a claim against the heir, and attach a portion of the inheritance to pay for that claim, but you need to do that properly and the BEST way to... View More

You are obligated to pay rent until you move out. Did you pay 'last month's rent' when you moved in? That may cover it. Paying a security deposit alone is NOT enough to 'cover' you but practically, so long as you don't damage the place, not paying the last month and... View More

No, a devisee can’t be removed from the Will due to a physical altercation with an heir and vandalizing the home. But the estate could have a claim against the devisee for the damage done, which could be used to offset money the devisee would otherwise receive from the estate.

As always,... View More

I view this as a maintenance issue. Who, under the lease, has the duty to maintain the experior walls, doors amd windows? If the problem could be cured with repair, i and maintence is on the landlord, it may be his responsibility. Perhaps, however, it cannot be prevented at a reasonable cost and... View More

First step is to read the lease. Quite likely, you'll find a provision about what happens when your initial lease term expires. You are now, most likely, what is considered a hold over tenant, so look for language.

An attorney cannot help you for free with this without also appearing in the underlying case for which you'd be seeking a subpoena for. Given that it's small claims court, an attorney cannot represent you, as attorneys are not allowed by either party in small claims.

Sounds as if you should have defined the useable outside living space in the lease. Generally speaking, when you leased the address it is assumed that the entire address and corresponding legal description is part of the leasehold. A real estate attorney would need to review your lease to be... View More

"Normal" wear and tear is not something that can be taken from a security deposit. If you vacuum and keep the carpet presentable, that is enough.

This is OFTEN an issue, and the problem is that for the kind of money you're talking about people rarely sue, or bring the issue... View More

What does the will say about the disposition of the house? Is it supposed to be sold under the terms of the will? Has the nominated PR been appointed by the local Probate Court? Has there even been a petition/application for probate?

You need to consult with a probate attorney in the... View More

File an eviction action by giving them 30 days notice to quit. The tough part is that they can be in the home while your action is pending.

If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work... View More

Assuming that you occupy the premises at issue as the land contract purchaser, if you’re not in default under the land contract, then there should be no basis for you to be evicted.

Your client -landlord should have credit standards applicable to all applicants. Your narrative is not clear as to if they indeed filed again. That said, if the daughter is on the lease, but does not file bk, then it seems that she would be obligated for the rental payments and the automatic stay... View More