Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they... View More 
answered on Jan 4, 2019
Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.
I hope this helps.
Wes
If it is possible does that company have the right to kick me out of the home?
answered on Dec 12, 2018
As long as you are on the deed, they are unable to kick you out. You are an owner. House ownership can be split among persons and sold separately from each other. Each owner will have an undivided right of use and enjoyment of the property ( you can's draw a line in the middle of the house... View More
answered on Dec 12, 2018
The term "proportionate" isn't defined in the act and therefore you would need to look to CC & R's of HOA itself. If it is not defined in the CC & R'rs then it would take the ordinary meaning in an HOA or industry context.
I hope this helps.
Wes
She increased the rent from $500/month to $650/month when me lease expired at 6 months. I never got a copy of the original lease. What rights to I have regarding being evicted for a late payment of the monthly rent.? The best proof I have of living here is a USPS Informed Delivery account they gave... View More
answered on Dec 12, 2018
Hi,
You have the same rights as any other tenant who defaults on the lease. You could ask for a copy of the lease. Have you tried to do that?
Basically, if you are defaulting for payment, the Landlord has the right to evict you because you are breaching the contract. If the... View More
answered on Oct 20, 2018
You would properly prepare, execute and acknowledge the deed and ancillary transfer forms required by the county clerk and then record them with the county clerk.
answered on Oct 6, 2018
The purpose of title insurance is to guarantee you that the property is “free and clear”.
answered on Aug 28, 2018
Yes. Your choice. You might want to call first and make certain they didn't leave them by mistake.
answered on Aug 17, 2018
The short answer is yes. You can list anything that you own for sale. If you are going to give out seller disclosures, you will need to disclose the fact that there is pending litigation.
From this question, I am not even sure if you are the owner of the property. The answer is, an owner... View More
Married, filing jointly. New primary residence was less than $500k. It's the less than two years at the old primary residence that worries me.
answered on Aug 15, 2018
Great question. While it is true, you are not allowed to take the maximum exclusion amount of $250k you might be eligible for some exclusion amount. In order to qualify for some, the reason you moved (the move has to be 50 miles away or more) has to be due to some unforeseen circumstances such as... View More
78B-2-309(2)
answered on Jul 13, 2018
The Utah code section you reference is a statute of limitations on written contracts. It says you cannot collect on a debt created through a written contract more than six years after that became do or the most recent payment was made. However, this statute limitations applies to unsecured debts.... View More
My HOA claims that we need to double our monthly dues to match the reserve study we just had completed, and when questioned with why it needs to happen so fast, as opposed to a more gradual change, we are only told it's the law with no further answers. I attempted to look up the law, and due... View More
answered on May 20, 2018
There's no easy answer to this question. Association Boards have discretion to determine a reasonable reserve policy. Although it depends upon what the Association's governing documents say, it is usually the Board's right and duty to determine how reserves should be funded. Your... View More
If I sign a lease that states I am required to pay $3100 for early move out, plus paying rent for the other months left in the term, can I fight that in court? Is it legally acceptable for a property management company (landlord) to make you pay rent for months in which you are not living at the... View More
answered on Apr 13, 2018
Contract law imposes a duty to mitigate damages. So if you breached the agreement then technically you are responsible to pay rent for the months that you said you would in the contract. However, if the property management company is able to "re-rent" the place quickly then this would... View More
Husband died 7 years ago. I'm selling the house and was told they could not get a clear title without going through probate due to The laws being different in 1987 when the house was bought. We have one child together and he has two children from previous marriages.
answered on Jan 29, 2018
I'm sorry for your loss.
Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process.... View More
answered on Jan 26, 2018
I am not sure if we are talking about two separate agreements. Are you asking if a Real Estate Purchase agreement is valid if the realtor fails to give the client a copy of the representation agreement? If that is the case then yes. The real estate purchase agreement will not be invalidated due... View More
A coworker was in need, so I let him move into a room in my basement rent free (just help w/ utilities), there's nothing in writing. This was all verbal. We made an agreement to be moved out by March 1, '18. I'm not sure if he'll move out without a problem
answered on Jan 11, 2018
Assuming he won't voluntarily leave when you request him to, you can pursue an unlawful detainer action against him, which is an expedited process which leads to a court order for him to get out. If he doesn't comply with that, law enforcement will assist you in removing him and his... View More
We are looking for the best asset protection vehicle for this venture. Thank you.
answered on Dec 29, 2017
First off, the big difference between LLC's and S Corps are the way that they are taxed and the formalities that have to be observed. They both offer the same liability protection. Some attorneys may argue that LLC's are relatively new and because they are relatively new, the body of... View More
We lived in this apartment for 1 year. Upon move out, they are claiming we owe an $85 cleaning fee, a $35 carpet cleaning fee, and an $85 partial painting fee (we did not pay a deposit upon move in). I cleaned for 8 hours before move out and scrubbed the apartment clean! The only damage to the... View More
answered on Sep 5, 2017
Take a look at the Utah Fit Premises Act, Utah Code 57-22. (You can find it through Google.) Also, check your city's ordinances; some cities provide more protection. Small claims court may be your best and only real option.
I'm under contract (I'm the buyer) for a 1.5 acre piece of land and apparently it was described incorrectly when it was originally subdivided. What is the best way to resolve this issue and who is responsible for working to get this resolved? The buyer, the buyers agent, the sellers, the... View More
answered on Aug 9, 2017
All of the parties should be motivated to move this along, assuming the seller wants to sell and the buyer (you) still want to buy. The complexity of resolving this type of dispute varies considerably based upon the type of property involved, and the jurisdiction(s) which have authority. Sometimes... View More
Just found out, AFTER purchasing the home that a dealership is scheduled to tear down homes around mine. This will bring the value of my home down tremendously, and it was not disclosed prior to me purchasing the home.
answered on Aug 2, 2017
Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood... View More
We just purchased a home. We've lived here for about 2 1/2 months, but we started experiencing plumbing issues within the first few weeks. The plumber we spoke with said the seller had to have known these issues yet they weren't disclosed to us. Do we have any kind of recourse?
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.
