La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More

In principle, destructing parts of a leased real estate property, especially if the rental contract has a clause against it, may be grounds for cancelling a lease and evicting the tenant. Your question does not state whether the tenant is the person with whom your mother signed the contract promise... View More

Your question does not state your cause of action for suing. Given that the company is in Florida, I'm assuming that they have no presence in Puerto Rico. In that scenario, diversity of (state) citizenship stipulates that you'd need to file the lawsuit in the Federal Court for the... View More

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answered on Oct 23, 2023

Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent... View More

I'm sorry for your mother's ordeal. You describe difficulty in finding an attorney to handle the matter, and an attorney in Puerto Rico should advise, as any arbitration or litigation would be governed by territory-specific guidelines. You could continue to search for attorneys, look into... View More

Your question does not state if the lease contract was signed in Puerto Rico. Nevertheless, what's valid is not whether he leased the residence to a new tenant, but rather what you agreed to in your lease contract. If said contract has a penalty clause for early termination, then your ex... View More

There is no way to address your question for lack of additional information. I recommend that you revisit the rental contract or sales deed (as may be the case) and peruse to identify what is said regarding future additional fees. If you signed a contract or deed that includes the possibility of... View More

To place a lien on the urbanization, you would need to file a lawsuit to justify the lien in terms of the amount that you would be claiming against the developer. Due to the state you describe, you can file the lawsuit directly before the Court of First Instance, requesting permission from the... View More

I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for... View More

Normal sales option contracts require that a buyer provide an option to take the proposed real estate off the market during the sales term. You may not have received money, but the realtor may have received an option deposit to be kept in an escrow account until the sales deed is signed by the... View More

Unfortunately, this seems the case of a "no good deed goes unpunished". The Law of Contractor Registry, Law no. 145 of August 10, 1995, as amended, requires that any contractor working on residential properties must file a request to be included in the Puerto Rico Consumer Affairs... View More

As a general rule, when a person dies, his/her estate is made up of that person's assets and outstanding obligations (liabilities). As contracts go, usually, the death of one of the subscribing parties terminates the contract. Nevertheless, the lease contract should be revised to determine... View More

First off, in an estate where the heirs have been registered as the new owners of the real estate property, the other co-owners may require the heir (or son of the heir) to pay rent to the community. This, however, would be prospective, as of the date on which a formal letter is sent to the party... View More

I have no knowledge of the case you're referring to. If your message is destined for a specific attorney, you should email him or her directly.

Unfortunately, this is a common practice: a salesperson saying whatever he/she can to close a sale. Leonine contracts such as this also makes it extremely difficult for a persona to wiggle out of, under normal circumstances. Also, these types of contracts unilaterally increase monthly payments each... View More

First off, you would need your dad's death certificate. If he granted his last will & testament, a certified copy of the will must also be provided. In the absence of a will, a petition should be filed with the Puerto Rico courts (depending on the city where the house is located) to... View More

The answer your question may be available within the very contract that you signed.

Under normal circumstances, the monthly rent is fixed during the lease term (of one year). Under normal circumstances, any change to the contract during its term may only be valid with prior written consent... View More

Hello and thank you for using Justia. We are all American citizens since anyone born in Puerto Rico is an American citizen.

In Puerto Rico, a person is considered as being under the age of adulthood until the age of twenty-one. Under age twenty-one you are a minor and thus donot have the... View More

Hello and thank you for using Justia. The best and safest way to complete your goal is by making a Power of Attorney in her favor to represent you in the purchase.

If you need additional information please feel free to contact me directly.

A judgment from Puerto Rico would be treated as a judgment from any of the 50 states. The judgment creditor would need to follow the procedure required under the laws of the state where property ( or assets such as bank accounts, etc.) has been found, so that the P.R. judgment can be executed in... View More