Get free answers to your Real Estate Law legal questions from lawyers in your area.
A renter recently moved out and although their monthly rent was current, they were habitually late making payment and had written several bad checks. I asked on numerous occasions for late fees and return check fees but none were ever paid. Can I now deduct those fees from the security deposit?... View More 
answered on Nov 8, 2017
Yes, late fees are allowed to be charged and deducted from the security deposit.
I drew up the contract myself and put the 30 day stipulation in it, it was signed by both parties and notarized.
answered on Oct 26, 2017
If the written terms of the contract require payment within 30 days, it appears that the party would be in default. Without more information, it is not possible to answer more fully.
No one else is listed in the will....no one to contest. House is valued at approx. $150,000. We make the monthly house payment.
answered on Oct 25, 2017
Simple answer: If the house was in your mother's name alone at the time she passed, you will need to go through some form or probate in NC where your mother lived to transfer the house from her to you.
If you aren't sure how to do this, it is a good idea to hire a local probate... View More
We were asked by a home owner to help with a massive clean up to make a dead line for a company that leases the property's .
we have a contract for vacation rentals general cleaning with the lesser but the agreement with the owner was verbal.
More than 20 witness know we did... View More
answered on Oct 19, 2017
I think it is questionable whether this type of clean up meets the definition of an "improvement" that subjects a property to a lien. However, you do have a contract with the homeowner for the value of your services, even if that contract was verbal.
I had to verify my income as well and signed papers. My name is on the deed with his.
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answered on Oct 11, 2017
If you are on the deed then of course he can't sell the property without your consent.
Can I allow my son to move into the home
answered on Oct 9, 2017
If the other sisters are agreeable. Note however if they want to put it on the market, they aren't legally obligated to compensate your son for any fix up work he does.
I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... View More
answered on Oct 2, 2017
Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to... View More
Someone who is on the deed paying the property taxes who has legal right of ownership.
Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother... View More
answered on Sep 25, 2017
You can't effectively evict someone verbally in North Carolina.
You should contact a lawyer who specializes in landlord-tenant and eviction issues.
Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service:... View More
answered on Sep 25, 2017
It can be deeded with the written consent of the other interest owners. A stranger can pay your property taxes. Paying property tax is totally separate and apart from the ownership rights associated with real property. That is, paying the taxes gives you no greater interest in the real property.
answered on Sep 22, 2017
Your question doesn't contain enough information to give you a clear answer. What is the nature of your co-ownership as shown on the deed? Are the three of you Joint Tenants with Right of Survivorship? This would tend to indicate that you are three co-equal owners. Or are you Tenants in... View More
I have a warranty deed and a real estate purchase agreement for NC
answered on Sep 20, 2017
Closing on a piece of property without a law license is generally considered the unauthorized practice of law and is illegal. There are some specific scenarios in which that is not the case, but from the information you have provided, you will need an attorney.
When he gets angry with me he says I don't cause my name is not spelled out on the deed. He also tells me if we split up I'll be made to go back to the home I purchased before marriage although my son currently lives there.
answered on Sep 20, 2017
In North Carolina, a deed conveyed to a married person is presumed to be granted as a tenancy by the entirety to both spouses. This is the same if the deed says "to John Doe and spouse." If you were married at the time of the purchase, you likely have an equal right to the property... View More
answered on Sep 18, 2017
A bedroom does not need to have a closet, but must meet certain other requirements more fully outlined in the residential building code.
answered on Sep 16, 2017
It's hard to give an answer based on your question. While contracts made with a minor are generally valid (although the minor can often void them unless ratifying them after turning 18), the contract would need to be made with your consent. If you are implying that your parents are planning... View More
answered on Sep 16, 2017
The notice requirement will vary depending on the terms of the lease. Many leases include a provision stating that a breach of the terms of the lease permit the landlord to file for possession of the home. Many also include a provision stating the notice requirements. If you have questions about... View More
My husband committed adultery and he thinks he has done nothing wrong, he is trying to sell our house, both names our on the deed, we have 2 cars both in his name, we have 4 children together, I have stayed put in our house, I truly believe we can fix our marriage and he refused to try, but I need... View More
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answered on Sep 9, 2017
He can up and leave and quite frankly that would likely be best for you, but if your name is on the deed, he can not sale the house without your consent. Your best bet is to consult with a local family law attorney ASAP. Best of luck.
The seller told my agent that the home had to be taken off the market due to some type of partnership settlement. However it is showing on every site as active. I had made an offer but they couldn't accept based on the reason they provided. It has been a month and it continues to show active.... View More
My house sold at public auction (foreclosure) yesterday, Sept 5th. The deed is in my wife's name and she abandoned the property about six months ago exclaiming that she wanted nothing else to do with the house and that I could have it as I am still in the house and don't want to loose it.... View More
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answered on Sep 6, 2017
If the house sold at public auction then likely the deed is no longer in your wife's name and the only way you will get that house back is to negotiate a purchase from the current owner. As to being legally separated - in NC there is no such thing as legally separated. You are simply either... View More
answered on Sep 6, 2017
Whomever the parties agree is responsible.
Generally, each party pays for their own attorney fees, however almost everything is up for negotiation. It's more important that each party agree who is responsible for these fees and adjust their offers accordingly than who is actually... View More
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