Your current state is Ohio
I am currently in a child custody dispute with my child's father. We co-own a house as of 2018 (never married) and after two years of domestic abuse I left with my daughter. We share 50/50 custody but am finding it difficult to aquire permanent reasonable housing for myself and my daughter.... View More 
answered on Mar 1, 2021
If you were never married, your rights to the property would be based on real estate laws and you have the right to ask the court to partition (i.e. have the property sold now) and have the equity distributed based on title ownership. So if he does not cooperate with you by 1) allow you to live in... View More
Do you need to start 713(5)notice or 90 days eviction notice or ejectment
answered on Mar 1, 2021
Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... View More
Do I need an attorney or it can be mediated?
answered on Feb 2, 2021
Need more facts. What, exactly, is the non-disclosure? That warranty repairs were limited to manufacturer warranties? That disputes under the solar panel contract can only be resolved by binding arbitration in Chester County, PA? Or that the solar panels have a balance due with 48 monthly... View More
Is there a way to break a lease because we're not feeling safe anymore in a residence where we believe there's a failure to enforce covid19 rules?
answered on Jan 31, 2021
Present the Landlord with a written demand for proactive steps for Covid 19 protection. Include in the demand a list of specific deficiencies. Set a reasonable dates for commencement and completion of the required repairs which must be done by licensed contractors. If the Landlord refuses, you have... View More
I’m a photographer (1099 contractor) for a real estate business in California that makes virtual tours using business owned equipment. I have done nearly 50 listings, mostly residential, spanning the last 7 months.
In many instances, not all, the listing has been vacant and I signed... View More
answered on Jan 30, 2021
An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to... View More
The property I have been living paying my rent for 8 yrs. and they want me out by Jan.31,2021 I was gave the letter back in June of 2020 but it been so hard to find a place do to the pandemic is they breaking the law somewhere cause no one haven’t came and seen the home to buy anything
answered on Jan 29, 2021
The property may be tied up in probate or the personal representative of the estate may be waiting for you to vacate to fix the property up to sell, but that does not mean you cannot be evicted once the lease expires. If an eviction action is filed against you, you will have a trouble finding any... View More
I bought a place but was renting and couldn't get out of my lease so rented for a few months with a lease. I had her lease end when my lease is up so i could move into the place i bought.
She won't leave and is always late with rent, What can i do? I have no where to live as... View More
answered on Jan 27, 2021
I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent... View More
We are a higher end apartment complex and someone said now all apartments have to take section 8. Is this correct?
answered on Jan 20, 2021
No. There have been some changes along those lines but nothing so broad. Toledo for example passed an ordinance that says landlords cannot reject applicants solely because they rely upon vouchers to help pay their rent. But it doesn't go into effect for about two months and there is nothing... View More
answered on Jan 20, 2021
It depends on why the locks were changed. Many associations have closed their amenities due to COVID-19. Florida Statute 720.116 gives the association to do whatever is necessary during a state of emergency for the safety and health of the membership.
answered on Dec 22, 2020
This is a question coming across a lot of lawyer's desks, but there doesn't seem to be a strict answer yet. Maybe you and your landlord can agree to only do virtual showings. Check your contract to see if it says how and when they can show the house.
You may want to hire an... View More
With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.
answered on Dec 21, 2020
One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling... View More
My dad and his ex wife got divorced before they could come to an agreement on the house. She hasn’t been in the house over 10 years. He passed away with no will in place. He has two biological children(me and my sister) and a daughter that he and his ex wife adopted. The ex wife doesn’t want to... View More
answered on Dec 18, 2020
To evaluate this fact pattern, an attorney will need to look at your father and his ex wife's Deed. However, it sounds like she could own half or possibly even the entire property, and yes you are correct that she could evict you or petition a court for a sale of the house at any time... View More
answered on Dec 4, 2020
Have you been served with a complaint? If so, you have a right to file an answer and have the matter heard by a Court of competent jurisdiction. The summons attached to the complaint will explain how to file an answer. The answer can be as simple as a general denial of the allegations in the... View More
Will not renew our lease and we must vacate by 12/31/20.
We plan to vacate however we need a few months to find another home, pack and leave. I am concerned of moving in the middle of winter as I have several autoimmune diseases and I am may be vulnerable to COVID-19.
I have... View More
answered on Nov 30, 2020
Stay in premises and continue to pay rent. Try to negotiate an extension of the lease to enable to find new living accomodation. In any event, should LL file suit for eviction, except for non payment of rent which permits filing immediately, he must follow appropriate court procedure. If the matter... View More
Because of COVID 19 it is taking a long time for paperwork to be prepared. My contract is good though end of this month. What happens if he doesn’t sign extension before he dies?
answered on Nov 23, 2020
If the Seller dies before the extension is signed or the sale closes, then you won't be able to close until someone is appointed by the Probate Court to act for the Seller - either an executor of the will, or administrator of the estate.
If the closing date has already passed, and... View More
This is a lease agreement with a Landlord for a Small Business. It would be great if someone can do this for free. I am having a hard time understanding a few items in the contract.
answered on Nov 20, 2020
This is a good question, but the answer depends on a number of factors. For example, is this a residential or commercial lease? What is the length of the lease? How long is the lease period and what is the rent? A commercial lease is much more complex than a residential lease.
I... View More
My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this... View More
answered on Nov 17, 2020
1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.
2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.
3. Unless... View More
I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.
What are my options as a landlord?
answered on Nov 17, 2020
You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are... View More
my lease expired in Jan 2020 and the house is for sale. But according to the paperwork from the courts, it will go to sheriff's sale. Do I need to move? Can I be evicted? Should I still pay rent to the landlady?
answered on Nov 16, 2020
If sold at sheriff's sale, you'll have to talk to the new owner about staying. But the owner can ask you to leave, and evict you if you don't, although some tenants might be protected from eviction because of the limits on evicting some tenants because of the virus.
Thank you for answering my last question. The estate is currently closed and has gone through probate and was closed many years ago.The personal representative's lawyer sent a letter certified mail saying that if the heir living in the home does not willingly agree to sell the home as an heir... View More
answered on Nov 16, 2020
My prior answer stands. The answer depends on whether the estate is open and who is in title on the home. If this is related to the other question I saw in which a probate was closed many years ago in PG County but the house was not transferred, then it may be necessary to reopen the probate to get... View More
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