Real Estate Law Questions & Answers

Q: My roommate was convicted of child abuse. Can he be evicted and/or lease terminated?

1 Answer | Asked in Criminal Law, Domestic Violence and Real Estate Law for Colorado on
Answered on Mar 25, 2017

You can try to buy-out the tenant's interest or reach a private agreement for the tenant to leave. You cannot force an eviction or termination of the lease unless you are allowed in the lease agreement. If there is violence directed towards you or the children you can proceed with either an injunction or domestic violence claim (which also grants and injunction). Beyond that you cannot force the roommate out legally. Also be forewarned, if you make the living arrangement too uncomfortable you...
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Q: Particle board drawer fell apart, threw the pieces away. Prop mgrs claim they could have repaired, what should I do?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 24, 2017

I am not sure that there is a right answer on this. I am assuming that the cost to build a new drawer cannot be very substantial and I also assume that there are additional drawers adjacent to the one that broke to use as a pattern in building a new one.

I think that it would be difficult for them to put a value on the broken drawer just as it will for you. However, if as I suggest that the cabinet has other drawers you might was to take numerous pictures to document the condition and...
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Q: I am a 78 yr old I have one rental unit that these tenants have harrased me, screaming names at me, not letting me know

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Mar 24, 2017

You're a landlord or a tenant? Your question is vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: I've received an initial letter asking if we want to enter buyout. Do we need a lawyer?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Mar 24, 2017

It's always a good idea to have a lawyer review the terms of the proposal and of the contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: What kind of attorney do I need to get to file a petition to have a lien released on my property in Tennessee?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 24, 2017

I suggest a real estate litigator. Your question doesn't explain what type of "lien" is involved ( and many lay persons use the word 'lien" to mean various kinds of things). If the lien was against a business, ( a corporation, an LLC ) then it might not be proper for it to be filed against an individual ( your ex). Also, there are strict time limits on some kind of liens. Much more detailed information is needed. You might also try checking with some title and escrow companies- these all...
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Q: We were evicted really fast in Florida been trying to get left behind property back and told theywill hire company to do

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Answered on Mar 24, 2017

If you have been evicted the owner of the property has the right to remove your property to the curb. I suggest that you focus upon getting prepared to move your property as once if goes to the curb it is at risk of being stolen.
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Q: Hello I sold my house about 2 1/2 months ago , before selling we had a company come out and snake a floor drain due to

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Ohio on
Answered on Mar 24, 2017

These sorts of problems arise frequently, with a home buyer experiencing a problem that the seller might never have experienced. The buyer could sue the seller alleging fraud for failing to disclose the problem. Of course, the seller always denies having any knowledge, and sometimes it even is true. The buyer has the burden to prove in court that the seller had knowledge of the problem. Prior visits by a plumber could be enough to prove that the seller knew there was a plumbing problem, and...
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Q: Can a lien be taken against my property if my son didn't repay a loan? His name is not on the property, he is over 18.

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Mar 24, 2017

Probably not unless the debt was for work done on your property. If your son hired a carpenter or plumber or tradesman of some kind to do work on your house and didn't pay for it, those tradesmen may have a right to record a mechanic's & materiamen's lien against the property to enforce payment. You need to speak with an experienced real estate lawyer in your state, if this is your situation.
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Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Mar 23, 2017

If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money owed. The limit on a small claims action in Oklahoma is at $7,000.00. If your income is limited, you may want to contact Legal Aid or the law school closest to you may have a clinic to assist.
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Q: My mother in law wants to sign over her house to me and my wife. It is paid off, and she is of clear state of mind.

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for North Carolina on
Answered on Mar 23, 2017

You should consult with a real estate attorney who can advise you on the best method to complete the transfer and any issues that might arise because of your concerns. If you have concerns about a relative questioning the state of mind of the mother, you may also want to consult with an attorney that handles elder care or guardianship issues.
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Q: IS IT LEGAL FOR A FLORIDA REAL ESTATE AGENT IN A MOBIL HOME COURT COMMUNITY TO HAVE AN EMAIL LISTING SENT OUT BEFORE

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 23, 2017

I do not think that there any is law that says the agent cannot send out an email listing before it goes on his site.
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Q: brokerage collected 2 months rent, paid landlord now checks bounce, brokerage is out almost $4000

1 Answer | Asked in Collections, Landlord - Tenant and Real Estate Law for Florida on
Answered on Mar 23, 2017

The brokerage may be able to pursue a bad check case through the state attorney's office. Contact the state attorney's office in the county where the checks were written and follow their required procedure.

Brokerage needs to establish a procedure to ensure that checks clear the bank before issuing payments to the landlord.

The pet issue should be covered by the lease.
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Q: Inspection was being done at my apartment and my son I law brought his kitten over to show the kids. The next day I

1 Answer | Asked in Real Estate Law for Florida on
Answered on Mar 23, 2017

If you are at the point to need to renew the lease I believe that it is within the rights of the landlord to not renew for any number of reasons. It may not be nice of the landlord but legally they can refuse to renew.
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Q: How can someone sign a Deed of trust from inheritance without having the Quitclaim signed off on

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for Tennessee on
Answered on Mar 23, 2017

Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.
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Q: If seller cancles the contract on a house can the buyers get their money back from insepctions

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Answered on Mar 23, 2017

If seller breaches the real estate contract, then buyer can sue seller for all costs and expenses incurred, plus other monetary damages that buyer suffered. But the cost to go to court to sue for all that, plus the time it takes, probably makes that impractical and not cost-effective. So it is unlikely that buyers in that situation can recover their inspection costs. But use the Find a Lawyer tab to consult a local attorney who might contact the sellers.
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Q: Is a Land Contract made with two buyers, but only signed by one buyer still valid with the signing buyer?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Mar 23, 2017

Probably not, contracts for the sale of real estate must be in writing, and if all owners did not sign, they are not bound by the contract. However, if the one that did sign had authority to represent the other, the signature of the one would be enough to bind both. However, this would have to be apparent on the document itself, in other words, there would have to be language/wording clearing showing that the one signature was intended to be in a representative capacity. For example: John Doe...
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Q: Do I need a quitclaim deed if I have a divorce decree saying the home is mine and the title is Married sole and separate

1 Answer | Asked in Family Law and Real Estate Law for Kentucky on
Answered on Mar 22, 2017

It may be that they are asking her to abandon any possible claim that she has a homestead interest in the house. In most states, when married people live in a house that at least one of them owns, either of them may have a homestead right to occupy the house for the rest of their life even without being named in the record title. Thus, even though she didn't own the house, if she lived there with you as your marital residence she may have a claim to a homestead interest. You were married...
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Q: I share a back fence with another residence and the fence needs to be replaced (falling down in parts and rotting wood).

1 Answer | Asked in Real Estate Law for California on
Answered on Mar 22, 2017

You can check the County recorder's office re: property ownership. You can also contact via email or letter the property managers to ask if they accept service of process for the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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Q: Due To An Evacuation From A Residence Once Occupied: My Property Disposed Without Notification And My Authorization.

1 Answer | Asked in Real Estate Law, Foreclosure, Arbitration / Mediation Law and Landlord - Tenant for California on
Answered on Mar 22, 2017

See my answer to your identical question here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Due To An Evacuation From A Residence Once Occupied: My Property Disposed Without Notification And My Authorization

1 Answer | Asked in Real Estate Law, Foreclosure, Landlord - Tenant and Probate for California on
Answered on Mar 22, 2017

Why was the place condemned? Was it unsafe for you to enter? If so, you may be able to sue the landlord for such violations and loss of property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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