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COVID-19 Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If our landlord is taking a long time to repair the air conditioning, do we have any legal recourse?

We have been without AC for 2 weeks, and have a toddler and 70 lb dog living in the home. Due to the current situation in the outside world, we can't really go anywhere to escape the heat during the day. It is 84 degrees in all the bedrooms. The landlord told us that we could break lease... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 29, 2020

AC is a necessity in a residential lease. The Landlord has a legal obligation to make sure the AC is working. If the AC is not working in hot weather, you should call the Office of Housing Code Enforcement for the county/city where the premises is located and make a formal complaint. An Inspector... Read more »

2 Answers | Asked in Employment Law for California on
Q: I'm in California and have been furloughed from my retail job due to Covid19. I have questions re returning to work.

I've been collecting unemployment and now that retail is beginning to open in my area I will likely soon be called back to work. However, I am 64 yrs old with an underlying health issue and I care for my 91 year old mother. Neither of us are sick at this time. Will I be able to stay home... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2020

We are involved in times and events that are unprecedented. Employers and employees are left with little to guide them with regarding how to interpret things. And attorneys advising those employers and employees cannot know for sure how the law is eventually going to shake out in these areas.... Read more »

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1 Answer | Asked in Probate for Texas on
Q: My ex husband in Texas pass away. He has 3 adult children and they cannot find a will. His dad hold the mortgage on the

house. Dad purchased house for son & daughters, son was supposed to pay on it for 10 years then get a note to pay it off in his own name. He got sick about the time the note was due. So we know the house should default back to his dad. Question, can his dad take actions to put locks on the... Read more »

John Wesley Urquhart
John Wesley Urquhart answered on May 28, 2020

You need to see if there was a written contract. There are many other questions that need to be answered. Check with the county clerk to see if they have a copy of the will. Sometimes a copy of the will can be found in a safe deposit box at the bank. If you know of the attorney who prepared the... Read more »

2 Answers | Asked in Employment Law for Florida on
Q: Do i have to pay salary of an employee isolating

I run a small auto repair shop. This morning, my mechanic called that he went to the doctor because he fears he may have the virus and said that the doctor told him to isolate for 15 days. He is the only mechanic i have which makes him extremely important to the business. We have been closed since... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2020

Nothing in the CARES Act requires Florida employers to do anything differently than they have always done. However, if an employer has applied for and received federal SBA funding under the Payroll Protection Act, federal funding that is supposed to be spent paying the salaries of employees... Read more »

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does an unsigned draft order (contested by ex-wife) supersede a signed temporary court order (expired) in family court?

Regarding to children's schedule during holidays and birthdays. The signed temporary court order (expired) has no mentioned of parent's birthday, only Thanksgiving and Christmas. Ex-wife chooses when to use draft or signed court order to her benefit. We also agreed to change schedules... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 28, 2020

Unless the draft order is one that was done on consent of by court order, then the signed temporary order controls. Temporary orders expire only if they say they do or the events in the order have already happened. You should also be aware that due to the courts being closed, all temporary orders... Read more »

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1 Answer | Asked in Employment Law for Georgia on
Q: My job has told me I have to come back, and stopped my unemployment. I have severe asthma and allergies

I have the dr note saying I'm high risk. Job said I can go on unpaid leave. I told them shelter in place was through june 12th, they basically said I was a liar.

Kyle Anderson
Kyle Anderson answered on May 28, 2020

Hi, you can request a reasonable accommodation for your severe asthma in light of the risks associated with covid-19. You and the employer will need to engage in an interactive process to determine a reasonable accommodation that won't pose an undue hardship on the business. If unpaid leave or... Read more »

2 Answers | Asked in Employment Law for California on
Q: If I quit my job as an essential worker after repeated exposure to COVID19 would I qualify to receive UI benefits?

I am employed through a staffing agency. My position is considered essential during this pandemic event. I am also considered high risk for serious complications if I am infected with the virus. The staffing agency does not offer any paid benefits for those of us who have to stay home although the... Read more »

Daniel A. Thompson
Daniel A. Thompson answered on May 27, 2020

According to the EDD guidelines, you can receive unemployment benefits if you leave work due to an undue risk of injury or illness. "A claimant leaves work with good cause if a reasonable person genuinely desirous of remaining employed would have left work due to an undue risk of injury or... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord raise my rent when I renew my lease next month during this covid-19 pandemic?

before the pandemic my landlord was thinking of raising my rent to $1800 from $1600 next month when it is time to renew the lease. Can he do that now during the pandemic?

Gregory L Abbott
Gregory L Abbott answered on May 27, 2020

While some details could otherwise affect the answer, a landlord must give you at least 90 days advanced written notice of any rent increase, and then only after the expiration of any fixed term lease. Plus any rent increase can be for no more than 9.9% over the last 12 months. If they try, it... Read more »

1 Answer | Asked in Employment Law for New York on
Q: My employer laid me off and told me to collect unemployment. made me work from home, unpaid. Isnt this illegal?

I feared that if I didn't comply that he wouldn't take me back. After a month of working from home I put my foot down. Obviously he used covid as an excuse for his financial gain and now he is angry. How am I protected in this situation?

Rhiannon Herbert
Rhiannon Herbert answered on May 27, 2020

Under the Fair Labor Standards Act ("FLSA"), you must be paid for all hours worked. Your employer cannot tell you to collect unemployment in place of paying you for your time worked after you were laid off. Depending on how many unpaid hours you worked, your employer's refusal to pay... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I'm high risk for COVID. Boss says return to office instead of working remotely. Do I get unemployment if I get let go?

I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on May 26, 2020

Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can my roommate just kick me out?

Hello,

I moved in with a friend and signed a lease with a 90 day notice of me choosing to leave or them asking me to leave. The lease is with the landlord who never gave me a copy once I signed it. I've asked for a copy now that my roommate (the daughter of the landlord) asked me to... Read more »

Katherine Goodman
Katherine Goodman answered on May 26, 2020

No your roommate cannot just "throw" you out. Your landlord only has the authority to give you a notice to vacate the premises and terminate your tenancy. Depending on the type of lease/ tenancy you have, what city you live, and why they are giving you a written notice to terminate your... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can we legally ask a tenant who’s lease is up to move in Ohio right now even with the no eviction law?

Me and my husband are about to close on a house in Ohio. There is a tenant living in it. But her lease is up. Because of covid Ohio has the no evictions until July 1st. Does asking a tenant who’s lease is up to move so we can move in fall under that no eviction ruling even though we aren’t... Read more »

Joseph Jaap
Joseph Jaap answered on May 26, 2020

If the lease is expiring, a landlord can ask tenant to leave by the expiration date, but if tenant doesn't leave, then landlord must file an eviction and wait for eviction hearings to resume. Evictions can still be filed in most courts - check with the court. Advise tenant that an eviction... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I stay furloughed if I'm not feeling safe?

I recently received a notification from my employer that I may be able to return to work soon because California has reopened malls officially. With that said, I do not feel safe because I do not have health insurance in case I catch COVID and also have two people I live with that are immune... Read more »

Neil Pedersen
Neil Pedersen answered on May 26, 2020

If you refuse to return to work, in most circumstances that would constitute either job abandonment or a legitimate reason for termination - both of which would disqualify you from further unemployment insurance benefits. As the economy is starting to open up again, there are some employers who... Read more »

1 Answer | Asked in Uncategorized for Hawaii on
Q: I was planning on getting married may 2, 2020. We decided to postpone it due to corona virus. We did put a deposit down.

I asked for a refund, officiant said it is non refundable. I just want to know if there’s a way to get it back.

Tim Akpinar
Tim Akpinar answered on May 25, 2020

A Hawaii attorney could answer best, as your options or remedies could involve state law. But you await a response for three weeks. These situations, as a general matter, will be determined by the terms of the agreement - definitions, contingencies, handling of deposits, etc. Without seeing the... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: How do I prove that the people who bought my house got over on me?

So I sold my house as is and we had to do everything thru video call cause the virus has closed everything down so I had the one hud paper then after I sign the paper they sent me another hud paper thru email and instead of getting the $19 thousand and some change they changed it to me getting... Read more »

Richard Sternberg
Richard Sternberg answered on May 25, 2020

The rest of your statement didn't appear in the question as it was first presented to me. But, the answer still requires that someone go over the HUD-1 with you. That someone should have been the title agent, but the title agent is selected by the buyer. You may have needed your own lawyer if... Read more »

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1 Answer | Asked in Criminal Law for Florida on
Q: I found out I have a warrant but it does not state what the warrant is for, what do I do?
Jeffrey H. Garland
Jeffrey H. Garland answered on May 24, 2020

Call a lawyer or a bail bondsman. The bondsman’s business is to help people post bail to get out of jail. You want to make sure what the bail is before you turn yourself in. It will be more difficult to make financial arrangements from jail. If bail is too high, you need to be talking with a... Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can News paper censor comment I posted on the news website

I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this.

I wrote “ask-yourself how many people you come into contact with on a Daily basis.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 23, 2020

Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant agreed to move out April 30, now refuses to; can I evict for cause?

I'm the landlord, tenant and I came to an agreement she'd be out by May, as I had people scheduled to move in. I had a new lease drawn up stating the end of her tenancy to be April 30th. Come May, she tells me she won't move out, citing difficulties related to COVID-19. I told her... Read more »

Gregory L Abbott
Gregory L Abbott answered on May 22, 2020

IF you have a written notice from the tenant that she is terminating her tenancy as of a specific date and she fails to leave, then you likely can proceed to evict subject to the courts being open and handling eviction matters so long as you have not accepted any rent from the tenant for past the... Read more »

1 Answer | Asked in Traffic Tickets for Texas on
Q: The police officer put Covid 19 as my name on my speeding ticket. Am I still liable? And why would he do that?
Grant St Julian III
Grant St Julian III answered on May 22, 2020

Assume the officer was preoccupied and made a clerical error. Whether the State will pursue prosecution depends on if enough information was gathered to generate a complaint (an error on the ticket itself is not sufficient to cause dismissal). Calling an attorney may help. Good luck.

1 Answer | Asked in Divorce for Florida on
Q: Can I expedite my filed simplified divorce?

I am filed already awaiting final hearing date (amongst COVID) but I am up against a military deployment and would like it finalized before I go circa 2 months.

Jean Richardson
Jean Richardson answered on May 22, 2020

If there are no attorneys involved, call the other party and let him/her know that you would like to request an expedited final hearing from the court. If he/she agrees, call the JA and let her know that you have conferred with the other party and he/she agrees to an expedited hearing due to... Read more »

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