Your current state is Ohio
- California
- Florida
- Illinois
- New York
- Pennsylvania
- Texas
She was told she can't break lease only sublet. Due to covid 19, all her classes are online and she has also lost her job. What recourse does she have? I have tried to talk with Apt complex but was told she can't break it. The apt is in Fullerton.
answered on Jul 3, 2020
You need to take all documents and copies of all communications with the LL to an attorney for a consultation. There is no simple answer to this question in these difficult times with CV. Many cities that have universities have enacted ordinances to deal with this problem and allow tenants to... View More
I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... View More
answered on Jul 1, 2020
If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... View More
Informed today my income would be decreased(covid). I signed a rental lease 5 days ago, June 20th ago to move in July 20th(the current tenant moves out July 18th). Im 7 months pregnant and I'm not going to risk moving to a more expensive place if I am unsure I can afford it. I informed the... View More
answered on Jun 26, 2020
The LL is supposed to actively look for tenants. You should consider going to small claims and seeking full refund of your deposit. It appears you will come under some renter protection provisions of recent government ordinances imposed by the Governor's office. You can research these... View More
answered on Jun 23, 2020
The contract you signed may have a "force majeure" clause that explains what extraordinary circumstances void the contract. If the contract has no such clause, you may still argue:
- Frustration of purpose: when the purpose of the contract (for you) is destroyed by unforeseeable... View More
I paid 716 down and my first payment of 156. We never got to go due to closure because of coronavirus. Since pandemic my husband was out of work and thankfully he is back at work and I am currently out of work. We no longer can afford to pay the monthly payments. I reached out to Disney and told... View More
answered on Jun 13, 2020
Surprising to hear that Disney took this stance with respect to you. Usually, what the patron wants, the patron gets because an unhappy patron does not return. I would start by sending a notice of rescission to them by certified mail, RRR, stating that you are rescinding the contract on the basis... View More
I booked a full tour package for my family of 4 members in Jan 2020 for Jun 2020 (to 3 countries in Europe). I paid ~5700$ (50% of total cost) as deposit. The flights got cancelled in Apr 2020 due to COVID 19 by the airline. The Travel Agent withheld that info, didn't notified us about the... View More
answered on Jun 11, 2020
Very sorry to hear your travel plans went poorly. No one can give you a definitive answer on how the case will be decided. Typical Attorney Answer: It depends.
First of all you have special protections and rights under the SELLER OF TRAVEL STATUTE, CALIFORNIA BUSINESS AND PROFESSIONS... View More
I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... View More
answered on Jun 9, 2020
It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... View More
I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?
answered on May 20, 2020
I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... View More
May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with... View More
answered on May 18, 2020
Questions of contract law almost always come down to "well, I need to see the contract."
However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.
They also usually have a Force Majeure clause that... View More
Oregon commercial lease and a landlord wishing to sell your building and the realtor goes door to door claiming your closing and have no lease when you do. And the evidence was shown to be true and they had 3 law firms try a manmade default what would the law of limitations be time wise and how... View More
answered on May 16, 2020
It will depend on specifics but you could have a number of different claims against the different parties you refer to.
Begin by looking at the terms contained in your lease--or if you do not have a lease there will be other rules that apply depending on the nature of your relationship with... View More
We paid a deposit for a venue in Oregon for an August wedding. Due to COVID-19, the venue is telling us we are being limited to 25 people. We asked for our deposit back and they are refusing. Not only are they refusing to return our deposit, they are telling me they will be grabbing the remainder... View More
answered on May 15, 2020
The answer to this question will depend on a number of specific factors--and COVID-19 makes matters even more complicated. Everyone, including attorneys who assist clients with the law, and lawmakers...who make the laws, are in uncharted territory right now; unfortunately, you too are impacted by... View More
because of Covid. Now we are trying to pay the rent (March -current) but he would not accept it today. He said that he wanted us to now pay a deposit for our utilities and he wants to go through the building and make a detailed inventory list before we can get back in and open. We are in Oak Harbor... View More
answered on May 15, 2020
It depends on the terms of the written lease. Commercial leases typically allow landlords to seize the premises if tenant defaults, lock tenant out, and sell tenant's equipment and property to pay rent and any damages. Landlord does not have to accept late rent, and can terminate the lease... View More
A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... View More
answered on May 13, 2020
If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.
Best... View More
I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... View More
answered on May 13, 2020
The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.
You would be well served to initiate the termination of your... View More
I would like to cancel my October wedding in New York due to the covid19 pandemic. The contract for our wedding venue includes a force majeure clause mentioning acts of god and governmental actions that says their only obligation is to reschedule within six months of the scheduled date, no refunds.... View More
answered on May 8, 2020
As Mr. Siegel points out, it depends on the contract. It could depend on how certain terms or elements are defined or how they could be interpreted. One option to consider might be to explore the cost of a brief attorney consult to review the contract in its entirety. Unfortunately, this situation... View More
I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... View More
answered on May 4, 2020
Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.
If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the... View More
I live in San Clemente, CA.
answered on May 4, 2020
You can break your lease if the landlord has materially breached the lease - meaning the landlord has not performed an important duty that is subject to the lease. If the landlord has been performing their part pursuant to the terms of the lease then they are entitled to the rent.
However,... View More
Do you guys also give equine boarding facility advice?
answered on May 1, 2020
To qualify for deferral of paying residential rent, the tenant is supposed to have applied and provided proof to the landlord before the 1st of the month that their ability to pay rent is currently compromised due to covid-19. Good luck in getting a Judge to enforce that and it won't really... View More
my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.
answered on Apr 29, 2020
You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... View More
there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last... View More
answered on Apr 24, 2020
As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... View More
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.