Your current state is Ohio
A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... View More 
answered on Aug 28, 2020
You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... View More
They justify the increase in a study carried out to make future repairs, however, families in this pandemic are unable to pay that increase. Is there any way to prevent this increase?
answered on Aug 26, 2020
HOAs are designed to get a particular result in the neighborhood: everything looks nice, nothing seems out of place. If you every disagree with the HOA, and you can't get enough people in the HOA to vote to do things your way, then you are stuck. Many HOAs cycle through power struggles similar... View More
She has until Aug. 30th to leave and is holding an estate sale on the 24th, 25th. We own the property now though. Is this legal? We also see the estate sale pictures have our home's window screens alongside items being sold. Our real estate agent has told us she's allowed to hold the sale... View More
answered on Aug 23, 2020
You answered your own question. If she has until the 30th to move out, the seller has until then to remove her things from the place. HOW she removes those personal property items is something most leases are completely silent on, and I would be shocked to learn of the lease created in an offer to... View More
September 1st for the reason of paying rent late and my rent Payment was always coming from somewhere different each month. I am a single mom of 2 and just went through a divorce, tore my meniscus on my knee requiring surgery and 3 months later had to have a hysterectomy due to a prolapsed uterus.... View More
answered on Aug 18, 2020
At the end of a lease for a term the lease converts to month-to-month. In that type of lease, the landlord can give notice to vacate if the rent is not paid. The tenant must be given the option to pay the past due rent and all other sums owed under the lease. If the tenant does this within the time... View More
They said they were working on getting final sign off when covid 19 hit... Now it's been a year since we owned the house and still no C/O...what can we do????
answered on Aug 18, 2020
If you are asking about what you can do with respect to previous owner that you purchased from that depends in large part in what happened at your closing. DId you agree to close on a handshake that this issue would be taken care of or was there an escrow agreement and funds deposited to secure... View More
Tenant owed 5 month rent and 1k water bill due to eviction ban and no shutoff utility as Covid19. Township can't get the bill paid but decided to add the water bill to landlord property tax. Is it correct? what I should do except file eviction? Thanks!
answered on Aug 15, 2020
In most jurisdictions, a water bill is a lien on the land, and so ultimately is the responsibility of the property owner. That is why many landlords elect to keep the water bill in their name and charge the tenant for the water either as part of the rent or additional to it.
You can... View More
We four sisters were left our mothers home13 years ago in Florida. I paid bills on it for 8 years and refused to continue because one sister would not agree to sell. The house will go to auction for taxes unless sold . We have a buyer for cash and we’re supposed to close in April. All sisters... View More
answered on Aug 14, 2020
This is not a question that can be answered in an online forum. You need a real estate attorney to review the agreement. If you have breached the agreement the buyer may have recourse against you. Buying and selling real estate without an attorney may save money now, but will cost quite a bit... View More
There have been issues with their lender. Their lender has now said it will take several more weeks. After a time is of the essence letter, what can we do to make up for all this lost time and other potential offers?
answered on Aug 13, 2020
Practically, nothing. If you return the deposit you have to start over. If you keep the deposit they will sue and put a lis pendens on your property. That will preclude any deal. In COVID everything takes longer. Your contract governs your rights.
He Helped her with his credit we know the house is my aunts and we want to leave it in her name what do we need to do? We don’t have much money for lawyers fees and all that my aunt is 57 and lost her job due to the pandemic but she doesn’t want to lose her house what forms can she fill out and... View More
answered on Aug 11, 2020
Having not done proper planning in advance, there are no shortcuts here. If this is your father's only asset, you can likely hire a PA attorney to do a non-domicilliary administration proceeding. If there assets in NY, even small, then you need to do an administration here, and a ancillary... View More
answered on Aug 10, 2020
The executive order signed by Governor DeSantis is subject to a lot of controversy and legal interpretation. The latest order puts a moratorium on evictions of those affected by COVID-19 with no definition of what qualifies as "affected." Landlords have started filing evictions and it... View More
I've decided that grace period is up and I no longer want this person living in my apartment. There was never a lease or any sort of written agreement. I was letting them live there because they would've been homeless otherwise. I gave them a 30 day notice to find somewhere else to live,... View More
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answered on Aug 7, 2020
You have to file a Detainer Warrant with General Sessions Court. Sue For Possession Only (no money). However you could lose and have to file an Ejectment Action, which will be expensive and difficult. File it Monday. If you receive Federal Subsidies, the virus mess will delay you.
I went to visit my son, daughter in law and Granddaughter in Metairie La in June. I informed the owner that I was going out of town. I returned to my condo in early July with my son who was going to visit with me for a few days. I opened up the door and found 2-3 inches of raw sewage throughout my... View More
answered on Aug 4, 2020
This is a perfect example of why renters need to have rental insurance. Due to the health hazard caused by the raw sewage leak all or most of your property most likely needed to be disposed of. What was valuable should have been removed, if possible when you were there. You should have been... View More
answered on Aug 4, 2020
It's depends on what you mean by "banning." The Condominium Act gives broad sweeping powers to the Board of Directors of a condominium association (COA) during a state of emergency. Those powers include the discretion to do what is necessary to protect the life, safety and health... View More
I exercised my rights for COVID rental relief (deferral) and in retaliation my landlord is harassing me and trying to gain entry into apartment where I am sheltering in place. His excuse is that if I won't pay rent he will sell apartment and needs to come and do an inspection and take photos... View More
answered on Jul 31, 2020
I suggest that you call the police when he comes. This is a violation of your rights as a tenant, and potentially can be a defense to an eviction proceeding or a claim in Small Claims for invasion of privacy, and denial of your right to quiet enjoyment of the premises.
Justia disclaimers... 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
Because of the virus,we want to close our business after the personal guarantees go away. They go away in jan 2021...but our lease doesnt end until Jan 2023....can the land lord take us to court and demand we pay for the remainder of the lease? How lenient are the courts in these kinds of... View More
answered on Jul 28, 2020
The lease will have to be reviewed to determine what liability there may be beyond the personal guaranty as well as the potential for an early termination. There are many options to discuss with the landlord including temporary rent abatement or modification, early buyout, allowing the landlord to... View More
Company lost money order after move in. Instructed me to request refund from western union, there has been delays due to Covid-19 and rental company giving inaccurate information about what money order was lost. Constantly being harassed by notices posted on my door and emails stating I need to pay... View More
answered on Jul 27, 2020
They can't force you out. They would have to evict you to get you out, and that could take weeks. So don't let them bully you. Try to get the refund a soon as possible. If you make any rent payment, be sure to always get a signed receipt. Otherwise, you can't prove you paid, and... View More
I have been paying all expenses for the property for the past five years and we secured a mortgage ten years ago. My sister now wants me to purchase her share of the property. How can I determine how to work this out since she has a “fixed” price in mind that does not match your investment?
answered on Jul 27, 2020
Where expenses of ownership are not equally shared, there is a broad range of negotiation possible. First, you must make the calculations concrete. Gather the facts and documents. Your co-owner can review the data with a financial or legal advisor. Absent a negotiated agreement on the proceeds of... 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
My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.
answered on Jul 21, 2020
It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for... View More
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