If you choose to withhold rent, the safest option is to pay it into the court. But if you haven't been sued, you'd need to initiate the lawsuit. Confer with a local landlord tenant attorney because your actions will entail risks.
Ronald J. Eisenberg's answer If a lawsuit has been filed, then your question of whether the homeowner had grounds for suing is not important. If I were to say that the lawsuit is baseless (which I'm not saying) that would make no difference if a default judgment gets answered.
The better question concerns what your husband is going to do to defend the lawsuit. He ought to confer with an attorney.
Jennifer Sheila Kornblum's answer If you have evidence that the prior owner knew of the basement issues you can file suit for failure to disclose. Keep in mind that as the person bringing suit you will have the burden of proving their prior knowledge.
Jennifer Sheila Kornblum's answer Generally, your father's and stepmother's wills will dictate how the property is transferred. They may also have had a Beneficiary Deed which directed who would own the property after they died. If none of these things is in place, transfer of the property will have to go through the probate court.
Peter Munsing's answer A lot depends on where you were etc. If you had time to get out it's on her--she would see door open, feet on the ground., even before you stand up. If you were in the car and swung the door open--that's different.
See if there is a business at the point where you parked that might have a security camera pointed outward.
Ronald J. Eisenberg's answer You didn't ask a legal question. You did not unconditionally accept the offer but rather made a counteroffer, i.e., you would pay if they produced the original contract. I don't know whether they responded by validating the debt, even if the document was not what you requested.
You could look into whether there was an FDCPA violation, but in terms of pure contract law, you didn't form an agreement to settle with the debt collector. Of course you should show up at court and defend...
Ronald J. Eisenberg's answer Welcome to the world of collections. Getting the judgment is often the easy part. It’s tough to find employment and banking information. The good news is that your judgment is good for 10 years before it will need to be revived and it will accumulate interest. You could try to find a collection attorney to work on a contingency basis.
Andrew Zulieve Esq's answer Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has...
Lydia Seifner's answer Yes, further custody proceedings would have to be done in Missouri, in keeping with the current Court orders. Children do not get to decide where they live; if you have sole custody of your daughter, then neither she, nor her mother, may make the decision to change her residence. You will not have to pay child support until a court changes the child support orders.
Talk to an attorney in the jurisdiction in which your orders were initially issues, unless your ex requests a...
Lydia Seifner's answer That depends on which parent is denying you time with the children. Grandparents' rights were created to help children maintain connections with both sides of their family. If your own child is denying you time with your grandchildren, you cannot request visitation time under grandparents' rights; the idea being that the children have connections to the family through their parent, your child. If your own child is unable to see his or her children, either through death or incapacity, and...
Ronald J. Eisenberg's answer Read your lease carefully. The security deposit is generally supposed to be used to cover damages and, if the lease so states, for any sums due. I'm not sure whether under your lease you incurred sums due to your landlord on account of breaching the lease by renting out the room. If you believe you are in the right, then you could file suit in small claims court. But beware that most leases have one-sided attorney's fee provisions. That would mean that if you sue and lose you will have to...
Andrea Rogers' answer Yes, it's possible that if you hire an experienced criminal defense attorney to represent you, that attorney could negotiate a plea bargain deal to get your "Trespassing" charge dismissed or reduced to a less serious offense, such as "Littering."
Ronald J. Eisenberg's answer A court judgment is required in order for the landlord to have the sheriff execute on the judgment. If no judgment has yet been entered, then you are entitled to show up at court and defend the case.
Ronald J. Eisenberg's answer I've pasted below Missouri's security deposit statute. You could sue for twice the amount wrongfully withheld but, based on your post, you should expect the landlord to file a counterclaim against you.
In addition, if the lease has a one-sided attorney's fee provision, as most do, if you litigate and lose you will be responsible for your landlord's attorneys' fees.
Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.