Andrew Strickland's answer Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"
There's a few things going on with your question and some assumptions that I need to make in order to tailor it. Let me start with the assumptions: (1) You have a claim against Landlord; (2) Landlord shows up to small claims and disputes the claim; (3) you win final judgment in your favor in small claims...
Jay Braddock Jackson's answer This question is not an Estate Planning question, but rather a breach of contract case. The remedy will be fact- dependent. In order to answer this question accurately the original purchase order or repair order and contract need to be examined as well as the work that has been done in order to ascertain whether there is a cause of action in breach. Generally speaking, if you were promised work and/or products that you did not receive, you may have a cause of action. The question then will be...
F. Paul Maloof's answer Under the laws of Virginia, the Landlord has the right to increase your rent on a month-to-month tenancy on a 30 day written notice. Your right is to move out and not pay the increased rent. If you remain in the premises, you are obligated to pay the increased rent.
Richard Sternberg's answer 1. Review the lease. Look for conditions precedent and time is of the essence clauses. Look for liquidated damages clauses, too. If the lease favors you, consider filing suit for damages.
2. Notify the Landlord that they are in breach, and you need immediate housing as contracted. Tell them that the Taj Mahal seems to have a vacancy, but it will cost several million more than your current lease, and you have asked a lawyer whether the Landlord is responsible for the difference in the...
F. Paul Maloof's answer Each tenant who will make a claim for the landlord's failure to return the security deposit must file their own claim in the court, but all claims can be scheduled on the same court date. In small claims court, no attorney will be permitted by rule of the court.
Richard Sternberg's answer Assuming we are talking about Virginia law, I need to know more if you are looking for a way out of the contract. That starts with an immediate contract review before deadlines in the contract pass. As to the concerns you’ve raised, they are unlikely to present an issue. There is no requirement to disclose that the prior owner died even if it was in the house unless there was some relevant damage or defect to the house. As to title, in Virginia, title passes outside of probate to the heirs at...
F. Paul Maloof's answer If your lease has this provision, it is legal since termination does not occur until 30 days after the Notice is given.
A Military Tenant may terminate the Lease by serving Landlord with written Notice of termination stating the date when termination will be effective. The date of termination shall not be less than 30 days after the first date on which the next rental payment is due after the date on which the written Notice is delivered.
F. Paul Maloof's answer The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.
Steve Miyares' answer Who has title to the car? That person is the owner and is the one with authority to sell it. If you are not the legal owner if the vehicle, then you did not have legal authority to sell it. You should consult privately with an attorney to review all the facts and circumstances of your situation and advise you on the best course if action for you.
Richard Sternberg's answer It certainly sounds like you need a lawyer. What I don't read in your story is a question. Let me infer that you are asking how to find a good estate litigator. I suggest you visit Avvo.com. Navigate to Find a Lawyer. Type in the county where your mother resided at time of death. Type in "probate" for type of law. Read the client reviews and endorsements. Ignore the ads.
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.