This home is in Tennessee. Sellers have turned off power 5 days before closing. Our contract states that home is to be in same condition as the date of the bonding sales contract for the walk through. I assumed that meant utilities.
So.... It appears that you made a new agreement to perform repairs yourself. That is, no breach of contract apparently. And it is doubtful you would collect anyway. You made a mistake modifying the Contract yourself, and possibly should have walked. Always have an attorney in any real...Read more »
She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.
If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by the...Read more »
If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the...Read more »
They cited improper wiping, but I know I did not expose the area to water beyond normal use. I strongly suspect the problem is due to the laminate countertop not being properly installed and/or sealed where the countertop meets the backsplash piece. What recourse do I have?
NO- if I were you, I would not loan money on real estate without a lien on that real estate. If the deal goes bad, you want to be able to force a sale of the property to get your money back. The current owner will need to sign the note and a deed of trust/mortgage.
Transfer of title is by deed usually. Without a deed the buyer only has an equitable conversion, which is enforced by specific performance of the contract. Buyer may also need to file a detainer warrant after title has been obtained or declared by a Court.
Read your contract verbatim. It may have a liquidated damages clause. Otherwise the buyer can sue for Specific Performance of the Contract. Alot of times the seller owes a commission to the agent, and there may be an earnest money fund up for grabs. But the buyer had better performed a title...Read more »
My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked him in... Read more »
You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your...Read more »
Roommate hasn’t been removed from the lease. If found not guilty, he will be living with me again on the 24th. My landlord will not let me give my 60 day notice without my assaulting roommate’s signature. He has a huge drinking problem. My roommate was arrested and tazed by the police.
I would have to examine the instruments to really know. But it sounds like it is just sale contract terms which incorporate the note and deed of trust terms (obligations), which of course exist after the closing (final execution) of the sale contract. Apparently this is an owner financed land...Read more »
She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »
You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may...Read more »
She floored part of the house damaged walls ceiling and doors. Then left the state so I couldn’t sue her. I hire a collection agency to finder her. She is refuses to pay. What are my options to get the money she owes over six grand? Can I sue her in Tennessee myself what are the rule there or... Read more »
What does the lease say about damages or venue? Your question is also confusing - did she lease property in Tennessee and move to Maine, or the other way? Typically, you sue the person where they leased the property but you will need to serve her with the lawsuit where she lives now. Here in...Read more »
File a Detainer Warrant today. It must be served or posted. You or your property manager must go to Court and ask for possession. If they are not out in ten days, you must get a Writ of Possession and get it executed.
You must double-check the DEED ( not the same document as the "mortgage" or "deed of trust"- both relate only to the loan). If your name is on the deed along with your husbands', you are a co-owner with him and upon death, it would pass immediately to you. If your name in not on the deed, he can...Read more »
Although the lease stipulated that the renter (me) would pay for the electric utilities, at no time during the course of the lease (nor the five or so months following its end when I resided on the premises as a month-to-month (leaseless) tenenat) did the landlord broach the subject of the... Read more »
Not sure what your question is about. But sister's Trust Corpus will be legally owned by a Trustee, who will at least own, pay taxes, receive income, and possibly manage her former assets which she conveys into the Trust. It sounds like you plan a Sale already. The sister's tax consequences...Read more »
I live in Nashville TN. My landlord may be in prison for tax evasion but I'm unsure. I haven't been able to get in contact with anyone about the estate and I don't believe the landlord granted power of attorney to anyone. I've been living on and maintaining this property for 4-4 1/2 years. The... Read more »
Paying the Taxes for 20 consecutive years can get you a presumptive Title. Then possibly file a Quiet Title Action against any possible Heirs. Seven Years Adverse Possession is only a Defense to someone running you out in your case.
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.