Real Estate Law Questions & Answers

Q: I send my rent check autopay thru my bank on the 1st of each month, can I be charged late fee's for the mail being late?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Dec 11, 2017

While it may depend upon what your lease says, the general rule is that the landlord has to have received it no later than the 4th day of the month (assuming it is officially due on the 1st) and can charge a late fee as of the 5th day if the lease otherwise provides for it. It is not their fault if the mail is delayed and while it is not your fault either, you are the one that elects to use that method of delivery and thus you are the one that has to accept the risks of loss or untimely...
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Q: Is there a way to get a family member out of my mothers home? I do not live there and the family member is over 21

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Illinois on
Answered on Dec 11, 2017

Does your mother want the person to leave? As a practical matter, if your mother owns the property it's up to her who lives there, not you, and you cannot do anything about it unless (1)your mother is elderly and this person is abusing her or taking financial advantage of her, or (2)your mother is not of sound mind and a guardian is appointed to manage her affairs and get this person out. If your mother is of sound mind and wants the person out she needs to begin an eviction process (formally...
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Q: Can my roommate tell me i have to be gon in 4 days without a legal eviction even if im not on the lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Dec 11, 2017

No. He must still follow the legal steps to get you evicted. As a practical matter, I advise clients in this situation to start looking for another place immediately and to get out as soon as possible.
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Q: I think my dad's family is trying to sell his land illegally, and I feel as his next of kin, the land should be mine.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Dec 11, 2017

To answer this question a copy of the deed needs to be reviewed. Vesting full title in the nephew might depend upon the form used.
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Q: Married 10y. Home purchased 7y ago under wifes name due to my credit. If we split, do I risk losing home rights w/o

1 Answer | Asked in Divorce, Real Estate Law and Arbitration / Mediation Law for California on
Answered on Dec 11, 2017

This is an incomplete answer. The property is in California. You state you were married when the property was purchased, with only your wife on the grant deed. However, California is a community property state. Therefore, it is presumed to be community property. The presumption is rebuttable.

Some of the factors that will determine the outcome: Who has contributed to the expense of owning and maintaining the property, expenses such as: house payment, taxes, signers on the bank...
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Q: I have a house titled in my parents' names, both are deceased, went thru probate- can I sell as their rep ?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Dec 11, 2017

If the final order distributed the property to you alone then you can sell it as your property. If the probate is not completed then you will need an order from the court. You should hire an attorney to assist you with this issue if it is more complicated that that.
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Q: two sisters owned OK land and 75% mineral rights to that land. Both are now deceased. Each sister had 4 children. All 8

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Dec 11, 2017

This is more of a probate question.

It is likely that a probate is needed in order to get property into the names of the sisters' decedents. If the other couple were relatives, it is possible that the sisters' children may be entitled to that as well. You should visit with a estate planning or probate attorney for more information.
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Q: With a special warranty deed can you have a reservation without using the word excepting or reserving if there's a lease

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on
Answered on Dec 11, 2017

Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest. You should have an attorney review a contract and/or deed.
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Q: I am co owner of property with my husband and his uncle. He is trying to force us to sell it , we have been served with

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Dec 11, 2017

If your property is owned jointly the uncle has the right to partition. There are several strategies that you may want to use to either preserve the property or minimize your losses. You should visit with an attorney for suggestions.
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Q: I am a property manager and real estate broker in Tallahassee Fl. Do I need Ga. License to manage a property in Georgia?

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Dec 11, 2017

You will need to re-post your question in the Georgia forum. It will depend upon local laws and regs in the area where you will be doing business. Best of Luck! Jennifer
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Q: Hello, I have a neighbor that hasn't lived in her home turnover 10 years, it is falling apart and houses poisonous snake

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Answered on Dec 11, 2017

If a home is "falling apart" and housing animals or conditions hazardous to health, a neighbor can contact the local health department and ask them to investigate code violations. A private citizen does not have the power to condemn a property but they can file a complaint with the appropriate governmental office.

One cannot get ownership of someone else's property, whether occupied or vacant, without some kind of legal entitlement. Simply mowing the lawn for 3 years would not meet...
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Q: Me and my fiance purchased a house in April of this year and now want to seperate. What are my options to keep the House

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Dec 11, 2017

This is a real problem that arises when people live together as opposed to marriage. First, obviously, file to get the child support started. If you have any chance of keeping the house, it sounds like this is a requirement, so get that process started. It may be that the best thing is to sell the house, split the profit 9 if any) and then use you share of the profit to buy a new house. If you and he can't agree on what to do with the house, this is what the law will do ( the process is called...
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Q: I have a lease in ohio, but i recently moved out of state for work. Can i legally break my lease

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Answered on Dec 11, 2017

Job transfer is not a basis allowing you to terminate your lease - unless you lease allows it. Work it out with landlord. You might have to pay a few months early termination fee.
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Q: How do I get someone out of my rental who is only listed as an occupant on the lease -the lease is with husband and wife

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Dec 11, 2017

First step. Hire an experienced landlord attorney in your area.

Based upon the limited facts you should either have an action for eject or unlawful detainer.

Hire a lawyer to handle the matter.
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Q: If I live in a home my family owns half of, can I be evicted if the other party is trying to force us to sell it?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Ohio on
Answered on Dec 11, 2017

The owner named on the deed can evict anyone whose name is not on the deed. Use the Find a Lawyer tab to consult a local real estate attorney who can review all the facts of this complicated situation and advise you on your options.
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Q: I have a rental property in Texas, but I live in Maryland.

1 Answer | Asked in Real Estate Law for Texas on
Answered on Dec 11, 2017

As a Maryland Attorney, let me suggest that you need a Texas attorney. It is Texas law that will apply to your landlord-tenant issues in Texas. Justia may be good for questions, but try Avvo.com for selecting a lawyer, and enter “landlord-tenant” or “real estate” and the county where the property lies.
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Q: If my name is not on the house mortgage would I still have to sign a document waiving my right to the “homestead”?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Dec 10, 2017

Normally a lender would require you to waive your homestead rights so your husband could refinance. There may be peculiarities in your situation that would change this answer, but I'd be surprised. You need to bring this to the attention of the lawyer handling your divorce as quickly as possible. As far as what law it falls under, your lawyer needs to look at 735 ILCS 5/12 -901 et seq.
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Q: Am I responsible for replacement of limited property in a condo association

1 Answer | Asked in Civil Litigation and Real Estate Law for Illinois on
Answered on Dec 10, 2017

Review the condo association's by-laws. They should address circumstances like this. If you can't determine the answer after doing that, take the by-laws to an attorney in your area who practices in the field of real estate and get his or her analysis.
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Q: In Il, can a wc settlement be leined for a foreclosure when seperated from spouse & not on the mortgage?

1 Answer | Asked in Foreclosure, Real Estate Law and Workers' Compensation for Illinois on
Answered on Dec 10, 2017

No. Illinois law forbids liens on workers' compensation awards other than claims of the Illinois Department of Healthcare and Family Services for reimbursement of its expense in paying medical bills related to the injury and attorney fees for the attorney who handled the injured party's case. If a group health provider paid some bills, they may have a contractual right to recover what they paid. And that's it.
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Q: What do I need to do??

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Dec 10, 2017

You will have to file a Detainer Warrant against each of them in General Sessions Court. Usually minors do not have to be sued as they will follow their adult family members. Unfortunately you need to make each of them defendants on the warrant which increases the court costs and possibly the service fees. You only need possession because suing them for a money judgment will be worthless. Do not get in a fight with them or they will charge you with assault and gain leverage over you.
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