Your current state is Ohio
An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... View More 
answered on Nov 16, 2020
Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of... View More
I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... View More
answered on Nov 15, 2020
There are two issues raised in your question.
The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may... View More
I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... View More
answered on Nov 13, 2020
You have a conflict with two areas of law. First, the LL's duty to provide a tenant with a security deposit, within 21 days, with an inspection and itemization of damages withheld. You did this, and a problem for you is that your "agent" -- Dad- failed to discovery the problems and... View More
answered on Oct 27, 2020
You should send the tenant a notice the lease period ends at the end of the next month at least thirty days prior the end of the lease term. For the notice to be effective for November 30th, the tenant should receive notice on or before October 1st. If you wish, you may advise the tenant that the... View More
Recently we denied a potential tenant because they did not have proof of income, rent payment and a security deposit. They picked the lock to the unit and moved in. We told them to leave and they are saying they are going to stay because covid19 allows people to stay without paying rent. We are... View More
answered on Oct 26, 2020
Firstly, always remember that New Jersey Courts do not permit self help. If the facts as you state then are accurate then the persons occupying the premises are not tenants. They are trespassers. Go your municipal police station and sign a complaint for trespass. Also go to your municipal And... View More
I have an eviction case trial set for Oct. 27th. today i learned i have covid 19. I tried to file a motion to continue but they said i have to set a date for a hearing. there is no way to contact the court. what do i do.
answered on Oct 20, 2020
Your post comes from Oak Park near Westlake Village, I believe this is in the County of Los Angeles. The Superior Court for LA maintains a very extensive website with all types of instructions on how to reserve motion dates, how to make Ex Parte applications and other matters, specifically for... View More
A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... View More
answered on Oct 16, 2020
No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... View More
No one wears a mask in the common areas of inside the apartment building. This includes the employees of the building (i.e. maintence crew). I have emailed the management and all they do is send a reminder to the community, but no one follows that.
answered on Oct 15, 2020
Interesting question, answer, maybe. It sounds like, at least, the LL is in violation of local and state ordinances requiring the wearing of masks. This could be the creation of an unsafe condition affecting habitability. (think about a LL knowingly allowing another tenant to run a meth lab next... View More
answered on Oct 5, 2020
The CDC moratorium forbids landlords from attempting to evict tenants for non-payment of rent if the tenants meet certain financial hardship guidelines:
- Make less than $99,000 (or $198,000 if they file a joint tax return)
- Be unable to make full rent “due to substantial loss of... View More
my tenant got this dog during the moratorium, breaking our lease agreement. But since we can't do much with the moratorium in place tenant has kept the dog. now the dog is a nuisance he barks all the time cant enjoy our common areas because of it. The house is in Los Angeles, Ca, and is also... View More
answered on Oct 2, 2020
You need to contact a local Real Estate attorney, there are several here that you could contact and review with them exactly what the moratorium protects. IMO it does not protect a tenant from breaking the rules of the lease from being evicted, it protects people who cannot pay the rent because... View More
Here and in Newport Beach.
Apparently, the assoc says that he has been living here and i broke rules. They sent me notice of this. So now.. They sent me a NOTICE OF DISCIPLINARY HEARING
Oct 8.
Do i need a lawyer? I am not allowed to attend ot has be the owner my he's... View More
answered on Oct 2, 2020
Strictly speaking, no, you do not need to have a lawyer with you but having an HOA lawyer with you, especially one that knows the peculiarities of Laguna Woods, would be an excellent idea. You can bet that the Association will have a lawyer present to represent them at your discipline hearing. You... View More
My husband and I bought a property that includes a home, a large shop, a pivot, and 47 acres. The prior owner and leaser have no written contract, is currently late on payments. The home in question however, is occupied by the leaser's employee. The leaser tried to file bankruptcy to try to... View More
answered on Sep 26, 2020
You need to fully review everything with a local landlord-tenant attorney. You are extremely limited in what you can do. You SHOULD have made getting rid of the tenant a condition of closing the sale. If you are intending to use the dwelling as your primary residence, the seller would have had... View More
I have 2 children 1 that may be high risk . She is also making me remove my dog from the premises for showings.Can I refuse entry to protect me and my family?
answered on Sep 25, 2020
Ohio law allows landlord to do showing after giving reasonable (24 hour) notice. But there isn't anything landlord can do to force you, if you refuse for health concerns. but landlord could file an eviction. Try to work it out with landlord.
My brother and I jointly own a mortgage free home in NC that is under contract. Is a POA required from my brother in order for the closing to go forward? If so, is it mandated to be sent to me by mail to sign and have notarized and sent back to the lawyer? Or are there other means of his sending/... View More
answered on Sep 23, 2020
Yes in order for the property to be sold your brother will need to execute a POA. While virtual notarizations are currently acceptable in NC, they are only allowed for reasons related to COVID and this does not meet the requirements. It sounds like you are going to have to push everything back... View More
My credit is perfect. I’m 12 months into an 18 month lease, but want to leave now, with out ruining my credit, as I can no longer afford the rental amount.
answered on Sep 18, 2020
It depends on the local ordinances passed by the City and County in which you reside as to the extent of the relief that you can obtain. You should definitely contact a local Attorney, housing assistance agency or your city to determine exactly what you can do. IMO you should present the... View More
An acquaintance of mine (I’ll call him Ted) acquired two rental properties, one in Baltimore City and one in Baltimore County. After Ted's original business partner fell through (due $ and COVID), Ted asked if I could provide the money to convert both properties into multi-unit dwellings and... View More
answered on Sep 16, 2020
A deed and lien (mortgage) have two distinct purposes and different sets of pros and cons. However, one can't deed a property over without getting approval of the existing mortgage lender and without paying the applicable transfer and recordation taxes.
A deed would make one an... View More
I live in a residential apartment complex in Los Angeles. I've never had a late payment, despite COVID. Although, due to COVID all the amenities in this complex have been shut down (I believe my rent includes the cost of these amenities). Also, the general safety-level of the overall... View More
answered on Sep 15, 2020
While you don't have any legal authorization to do what you suggest, here are some thoughts: 1. If the complex stopped providing amenities (gym, pool, cable, etc.) while continuing to charge you full rent, you are probably entitled to a rent rebate because they did not provide all the... View More
Do I have to move out in 60 days which puts us into winter?
answered on Sep 10, 2020
Unless you negotiate a new lease with the new owner, when the property is sold, you may have to move out unless you are protected by a local ordinance or regulation that says otherwise. These vary from county to county and city to city, so you need to discuss your situation with a local... View More
My classes and my roommates‘ classes are remote due to covid. I signed a one year lease on May. And my college update about most of classes will be online on August. I had negotiated with landlord about break lease. And had ask about buy out. The landlord say I need to pay the whole year rent to... View More
answered on Aug 31, 2020
We charge by the question here, so you get one answer. Just kidding. Do not move in, notify the LL that you are breaking the lease because of Covid problems and "Frustration of purpose" is a pretty good defense. He will have to sue you but he does not automatically get one year's... View More
I am a student transfer to UC Davis in the fall 2020. I signed a one year lease with an apartment on May. But now most of the courses are remote. And find out all my and my roommate's classes are remote after we register the classes in the middle of August. We living in Bay Area with family,... View More
answered on Aug 29, 2020
You should check into local ordinances that prevent evictions of tenants impacted by Covid. They could put you into the position of not having to pay rent and the LL not being able to evict you. Your LL thinks he has the strong hand right now but you may not have played all the cards yet.... View More
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