Plaintiff took me to small claims court, using a lease agreement that violated public policy and included terms that would require illegality to perform, as the basis of claim. Would the plaintiff have standing? If not, could the default judgement be attacked due to the fact that it is void?
If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment...Read more »
We chose this rental house because the contract states that after a year of renting (up in June) we have the option to go month to month. This is ideal for our situation as we look to buy a home. The property manager is raising the rent $100 which is fine but is requiring us to sign and commit (by... Read more »
It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the...Read more »
It is unlikely that a motion to dismiss would be successful at this early stage unless you have incredible facts on your side. The proper thing to do is file an "answer" and start working through the court system. Failure to file an answer (or a motion to dismiss) can cause you to lose...Read more »
I bought a home about 3 years ago, the lender failed to put me on the deed. Every time the tax assessors send me a tax statement it shows a different owner. What is the title for me to sue under on this type of claim?
The lender does not put you on the deed, typically, the sellers’ attorney prepares a deed, the seller executes it and has it acknowledged, you are named as the grantee, and the deed gets recorded. Seemingly, someone is ill advising you.
I'm also female. I wanted to save on rent so I placed an ad for a roommate. I added her to the 12-month lease when it was renewed in January. It was a form entitled: Addendum to rental agreement to add or remove resident(s).
Shortly after moving in she's made my life a living nightmare all... Read more »
It is not clear to me what your status is - are you also the landlord? Or did you just recruit a roommate and now both of you are signers on the lease with your landlord? Who does she pay her rent to - you or your landlord? The answers make all the difference in what your rights are....Read more »
We have all cancelled checks showing part of money is rent ,additional is toward down pyt.. we never had any document notarized and we were not happy with part of agreement byt felt pressure because we had already been paying -w/o written agreement and we had no where else to move
It largely depends upon what the written agreement says and, in the end, what the seller/landlord admits or disputes. The only way to know much is to take everything you have in documentation to an attorney for evaluation and review. Sadly, your feeling pressured and/or having no where else to go...Read more »
I have been bullied into losing valuable room and have been harassed recently while customers are around by the sub leaser. I dont want to be in that environment and im afraid if i try to press the matter of being civil i can lose more then just the shop of my business. What can i do?
Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.
If it is the other way around, review the lease and...Read more »
It depends - were the existing dates simply mis-entered or a "typo" in an otherwise mutually agreed lease term or are they accurate from one parties understanding and somehow agreed to in writing but a mistake according to the other party? I am unclear what you mean by "written over letters" or if...Read more »
I had asked them to change the move in date to a later date when they started writing up my lease contract. They kept the move in date the same date as the day I could view the apartment for the first time so I felt pressured to sign before the end of the day. I signed the lease at 11:50pm, went... Read more »
You can certainly talk to the landlord and see what, if anything, they are willing to do. But legally, you are likely on the hook as soon as you signed the lease. If you were unsure, you should not have signed until you were or you should have put a clause in that allowed you out if you wanted...Read more »
Lived in Portland OR when i got a call from a old boss basically begging me to come to Grant's Pass to help him with his business. He has a dispensary and a living quarters above it. He said I could live there for free while I work for him. I only agreed because I still have a lease in Portland I... Read more »
Unmarried couples can still have a financial relationship that needs to be untangled with the help of the court. Unlike a marriage you are not at risk for being ordered to pay spousal support. You might need to contact a family law lawyer for assistance. You can file what is called a dissolution...Read more »
It’s a student type apartment next to University of Oregon where the leasing office sends out email to commit to renew the lease for the next school year. While still under the current lease and you say you will come back after the current lease ends, are you legally bound under new lease to pay... Read more »
It depends upon what you mean by "agreeing to renew the lease". Unless it is a month to month tenancy (and if it is, it can be terminated anytime by the tenant with 30 days prior written notice), any other form of residential lease in Oregon is only enforceable if it is in writing and signed by...Read more »
Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... Read more »
I had an interested party for my appliances that where not included in the sale of my home. They where a mutual friend of all parties. When the new owner heard there was interest in the washer and dryer and fridge he changed the locks and is now trying to sue me for removal of debris in the garage.... Read more »
If the new owner was the "new owner," and entitled to possession when he changed the locks, he has committed no wrong. The question is what does your sale agreement say about property which is left behind.
We are currently pending in a purchase agreement for a property in Beaverton, OR. The seller disclosed in both the seller disclosure document and RMLS that no HOA exists. However, this is not true. The title report shows that an HOA was established by the developer. The HOA has not been dissolved,... Read more »
Title reports are issued so that a buyer can determine whether the condition of title is satisfactory, and gives the buyer a certain amount of time in which to object to the condition of title (including things like CC&R's which create an HOA). If everyone agrees that you can terminate the...Read more »
We are moving this month. We submitted a 30 day notice for our apartment only with the plan of vacating by the 23rd of May. We are intending to keep our garage to the end of the month to help facilitate a less crazy move.
The garage is on it's own separate lease agreement with no... Read more »
The only way to answer this is for an attorney to carefully review each lease. In general, each lease stands on it's own and thus you would be right in that one could be terminated without necessarilt terminating the other, but again, only a careful, complete review by an attorney is likely to be...Read more »
Buyer submitted purchase agreement and attached septic addendum (stating seller pays for pumping, buyer pays for inspection). Offer to purchase references that this addendum is attached. Seller accepts and signs purchase agreement, Seller agent sends to me, buyer's agent, seller signed purchase... Read more »
You are not going to get this type of legal advice on an anonymous post on the internet. Hopefully you are a licensed realtor because you should not be acting as the "buyer's agent" unless you have a real estate license and malpractice insurance. If you want a licensed and insured Attorney to...Read more »
moved in September 2017, noticed sweating windows everyday, we are the ONLY apt with a dehumidifier added on by management (testing it out), wood floor have buckled due to moisture (management is not sure where it is coming from), mold on interior walls in bedrooms and living room, most recently... Read more »
You need to talk to a lawyer that specializes in landlord tenant law. You might also want to talk to a lawyer that specializes in personal injury cases related to mold. Even if you haven't been injured yet a PI lawyer that does mold cases can connect you with companies that come and test for mold...Read more »
We did not have them on a lease but I have texts and emails showing they agreed to pay for 3 months. They left after a month in the middle of the night, leaving us to pay their half of the rent which we cannot afford. He also left a trailer full of his stuff on our private property and I assume he... Read more »
It is not clear whether you are just a co-tenant/roommate or a landlord either leasing to them or subletting to them. Regardless, anything more than a month to month tenancy requires a written rental agreement, specifying the term of the lease, etc., signed by the tenant's sought to be bound to...Read more »
I am settling a dispute with a company I used to work for because of bonus money that I was given but I broke my agreement to stay for 2 years. Now I am trying to settle for a lesser amount but the company is refusing to mail me a copy of the agreement and wants me to sign a pdf over email.
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.