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late due to the pandemic. i dont have a lease and my landlord wants to evict me claiming he wants the apt for his son. can i be evicted?
i can't afford to move and have no where to go what are my rights. he refuses to use my security toward the rent.
answered on Aug 11, 2020
I am sorry to hear about your situation. Your landlord will have to take you to court to evict you.
Odds are a judge will give you time to find a new place. So, technically you can be evicted, but probably not any time soon. You should start looking at assistance programs that may help... View More
Lease expires at the end of month
answered on Jul 29, 2020
Under executive order 128, a tenant can use their security deposit to pay rent, so that may be an option to offer your tenants. Furthermore, if a tenant leaves with a balance, you may deduct that balance from the tenants security deposit. But it is CRUCIAL to send your tenant a security deposit... View More
How long do I legally have to notify them if they are month to month?
answered on Jul 26, 2020
You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.
Talk to them first and explain what is going on. If they are able to pay... View More
answered on Jul 26, 2020
You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... View More
I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... View More
answered on Jul 22, 2020
Not an easy issue to resolve given that you have a compromised immune system and the biological mother has significant restrictions on her contact / access to her daughter. Im guessing that the reason for the non-overnight plan in place has to do with concerns for the mothers mental health issues... View More
Hi
I am a lawful resident that went to visit my family abroad in February and got stuck due to COVID-19. I am nearly 180 days outside the United States and not sure I can be back before they open the airport here. Can I be denied entry back to the states and be considered as abandoning my... View More
answered on Jul 13, 2020
The US government is well aware of the situation and that many LPR's are victims of the same circumstance. Even so, contact your US consulate and advise them of your situation. Keep a record that you did so. Also keep a record to indicate that you have maintained a residence inside the USA.... View More
answered on Jul 7, 2020
The Fair Labor Standards Act (the federal laws governing this situation) don't provide a lot of protection against this sort of issue. Under the FLSA, you need only be paid at least minimum wage for all hours of work you perform. So, while your situation sounds unfair, as long as you are still... View More
answered on Jun 6, 2020
This depends upon the facts and evidence.
The COVID19 virus has slowed passport processing. Many are complaining about unusually long delays in processing in excess of four to eight months.
Yet, more information is needed. Was the child born in a hospital? Or born with a midwife?... View More
I had an L2 visa that expired on March 25.
My I-94 expired on March 31.
My spouse, L1 visa holder, had the same visa expiration date, but their I-94 has not expired yet.
We both departed on April 12.
My spouse’s company’s attorneys supposedly filed the extension... View More
answered on May 7, 2020
You did technically overstay since the filing was rejected. However, I doubt it will have any consequences. Unlawful presence is most problematic when a person remains in the USA and is trying to change status to another visa or adjust status. However that is not the case with you. For those... View More
My boyfriend and I had an incident last week where the police were called. I received a victim notification form but did not ask for a restraining order, we do not want anything to come from this incident. He did not receive any paperwork himself was not detained or arrested, does this mean he was... View More
answered on May 5, 2020
Generally most people are charged at the scene. However more and more many people are receiving a criminal complaint by mail and this can take 1 to 5 years before the statute of limitations would run. If you get a complaint in the mail immediately hire a good criminal lawyer
I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.
answered on Apr 29, 2020
I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... View More
He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.
answered on Apr 28, 2020
Your setting is terrible and im truly sorry for how this pandemic has destroyed your family's financial setting. Before resorting to the court system for relief, can you reach out to your former husband and ask him to sit down with you ( on the phone or otherwise) to figure out how to work... 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
We are a manufacturing facility deemed "ESSENTIAL" we want to gradually bring plant workers in as needed but I am confused as to what our rights are -
answered on Apr 22, 2020
EEOC guidance states that, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a... View More
Due to COVID-19 the entire small business of 10 employees was put on furlough. My manager told me, "we can only ask you if you would like to volunteer and your job isn't in jeopardy." But later in the day, I get a call from the owner with thinly veiled comments that I might not be a... View More
answered on Apr 22, 2020
Under the Fair Labor Standards Act, you must be paid for all hours worked. If the work your employer is asking you to "volunteer" to perform for no pay is the same type of work you normally perform for pay, then you should be paid for this time and any other "volunteer" work... View More
Concerned about him going there for spring break I have Diabetes type 1. Hypertension and stage 1 kidney disease. He won’t tell me where he and his friend have been. There is no verbal communication. how do I handle this during this pandemic.
answered on Apr 15, 2020
Thank you for your question. We are seeing this same issue again and again, and we understand that there is increased anxiety all around for people who are co-parenting in these difficult times.
In general the courts are not considering "what if" scenarios, they are enforcing... View More
Can one parent deny the other parent parenting time because of the virus if the other parent has been acting responsibly?
answered on Apr 14, 2020
In theory, dad should win. In reality, any lawyer who tells you that he / she can file an emergent application at this time and can tell you how the judge assigned to handle this issue will response, is being disingenuous with you. To begin with, emergent parenting time applications are being... View More
I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... View More
answered on Apr 11, 2020
No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have... View More
I will be completing 6 years of my H1B visa by 30Sep2020. And have approved I-140 received in March-2020. I understand that I can now file for 3 year extension of H1B based on I-140 approval.
I am currently located in India on vacation, but may not go back to the US due to the Coronavirus... View More
answered on Mar 28, 2020
Your employer (and not you) can file the FORM I-129H prior to September 30, 2020 to request the extension of the H-1B. If you are abroad at the time that the request for the extension is filed and approved by USCIS, you will have to visit the appropriate U. S. Consulate to apply for the H-1B visa.
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