My lease states that the tenant shall quit and surrender the
My lease states that the tenant shall quit and surrender the demised premises to the landlord in the same clean condition it was at the beginning of the Term except for normal wear and tear.It also states [the appliances, all are listed] will be returned in a clean and re-rentable condition; ordinary wear and tear accepted. In the event that the Tenant fails to comply herewith, Landlord may at his option complete said work (at a fee of $60 per hour), clean and repair and deduct same from any security deposit held by the Landlord.Please refer to my lease. I have indicated where my argument about cleaning and my fees are located.I have also taken before and after photos of how the house was left and after I cleaned.My question is can I charge tenants for having to clean up after them when my lease specifically states that the house should be returned to me in the same clean condition as it was when they originally took possession? I also told them that I rented them a house not an apartment. Therefore, they are also responsible for keeping the yard clean. They argue that they mowed the lawn on the 7th, within the timeframe stipulated on the lease. My lease does not indicate a time frame. All it says is that the tenant will maintain pruning of the shrubs and cutting the front and back yards to keep them aesthetically appealing.I looked up the Truth in Renting Laws in NJ:Nowhere does it state that I cannot charge for my time to clean up the mess that tenants leave me. Their argument is that as a landlord it is part of my job to clean up after them. I tell all my tenants that my job as a landlord is to give my tenants a clean, safe place to live not to clean up their mess.I am registered as a landlord with the state and must have a township inspector conduct an inspection for me to obtain a certificate of occupancy.I have written the letter and itemized list for charges that I will attach shortly along with my lease.Thanks,Mike
We just started hiring employees to serve as licensed
We just started hiring employees to serve as licensed insurance agents with our agency. One of the requirements to be licensed is the employee attending a third-party licensing class. In this instance, a new "hire" class was sent to the 2-day training prior to signing any of their employment documents (w-4, employee handbook, etc). One of the employees called to say that they cannot make the 2nd class. As a result, they cannot be certified and cannot move on with the rest of the class. This ends their employment. In this instance, apparently the plan was to have the employees complete their paperwork on Wednesday when they reported to work onsite. How do we handle the person that attended class on Monday, but is now no longer going to be employed because they missed the class on Tuesday?
Was this legal malpractice? In mid-2014 I hired an attorney
Was this legal malpractice?In mid-2014 I hired an attorney to work with my home loan servicer on a HAMP I loan modification. I'd been trying since 2009 and had let arrears build up, believing they would be rolled into the modified loan that was apparently not forthcoming. I had just received a notice of default for the first time, and the attorney managed to submit a timely appeal. For a year, he kept the servicer from auctioning off my house. I asked him to handle all communication with them because I was to the point of terror when the mail came. He got them to acknowledge my full gross income and that the house was owner-occupied. However, in June of last year, the servicer received my application and denied it on the same day, June 25. They admit they didn't tell him him in writing. I don't know when they told him, but he notified me on July 6 that the application was declined and that a sale date was set for August 31. He advised me to find an apartment and said he saw no point in continuing. I was mostly moved out anyway, so I took that advice and made an effort to rent the house, which proved impossible given the loan status.) I asked to see the letter, and he said (accurately) there was none. All along I believed he would file a lawsuit on my behalf to stop a foreclosure. He mentioned it an email I still have, and his only employee spoke of his great success in lawsuits filed against loan servicers. He'd written one to file if they hadn't acknowleged my owner-occ status. I didn't believe a new lawyer could be as effective as he because he'd communicated with my servicer for a year and knew my case details. He said he only sued for violations of CHBOR, and that there were none in my case. I disagreed. For one thing, they acknowledged that they didn't notify him in writing of their last denial. Anyway, on Aug 3, I complained to CFPB about being strung along while my arrears grew. It wasn't much of a complaint, but the servicer's response was an eye-opener. They said they denied my application, despite finally getting [adequate] my gross income right, because my arrears were too great to be put into forbearance under HAMP guidelines. I checked, and they were wrong. Mine were less than 30% of my capitalized unpaid principal balance (which the HAMP guide called UPB). They didn't capitalize my UPB. They used the balance without including the overdue interest and escrow payments from 6 years of nonpayment. They must not have known it was a mistake; they explained their method and reason for declining me in their letter to CFPB. Plus there was another method to try (related to MTMLTV) which qualified me, and the servicer didn't try it. Finally, they didn't didn't extend the term of the loan to 30 or 40 years, which must be attempted before a HAMP I is declined. They kept my loan term at 22 years that remained on the original loan, which is why they couldn't get my payment down to 31% of my gross monthly income. I pieced it all together just in time to file for bankruptcy on the business day preceding the scheduled auction. My plan has been confirmed, my balance reduced to the stipulated value of the house, it's at 4% fixed for 30 years, and all is stable. The skeleton Chapter 13 my lawyer advised stung me, though. It meant no stay in my Chapter 11. (None at all. My BK lawyer forgot to ask for even the one-month stay I was allowed and neglected to assert that the filing was no frivolous. I don't know why the servicer didn't move to foreclose!) Getting to the point: The bankruptcy legal costs are close to $50,000, and I have a 5-year plan during which all my disposable income must go to to the unsecured creditor. (That's the servicer; we bifurcated the huge amount I owed). Payments to the US Trustee will total $16,000, and the stipulated balance is $35,000 more than the uncapitalized UPB. The monthly payment will be $1000 more per month than in HAMP I. There is no forbearance "ballon payment," which is great, but unimportant as I don't intend to sell, have no heirs, and owe that money fair and square anyway. I think my attorney should have noticed that the servicer was doing HAMP wrong. If my attorney had looked at the NPV inputs, this would have been obvious. I have since learned that the now-defunct servicer extended loan terms for no one's mods, HAMP or inhouse, and that they had the very lowest rate of HAMP approvals of the big servicers the Treasury tracks. It's 12%, which is 30% less than the second lowest rate—an outlier. (Bank of America's rate is 40%). He also billed me $500/month for a year. I looked back at the contract; it was for $3000 max. Would a complaint that asked for $50K + 16K + (1K/month x 360) (higher loan cost) on the basis of negligence and abandonment fly? Maybe something for the ordeal of Chapter 11 and the loss of privacy and autonomy, as well as reputation and credit score?
My daughter is married to a shopaholic who thinks that his
My daughter is married to a shopaholic who thinks that his pay check is his and he can spend it anyway he wants, even though it is needed to pay the mortgage and other monthly responsibilities. Is there anyway my daughter can protect herself from financial ruin when everything is in both of their names?
In Georgia, a tenant rented for 6 years. The last three
In Georgia, a tenant rented for 6 years. The last three years have been under an extension provision called "month-to-month" at a premium additional cost. The tenant chose to pay the premium so that tenant can exit the lease quickly when a home property opportunity becomes available. The tenant intentions were communicated to the leasing office representatives. A home property opportunity became available days before month end requiring tenant to vacate before month end with notice. Vacated tenant paid next month rent but landlord now requests an additional month rent because of the 60 day notice requirement. Resident could not reasonably provide a 60 day notice on the month-to-month rental extension without losing property purchase opportunity in a competitive housing market. The term “month-to-month” is misleading to residents when “conditional” based upon the 60 day notice requirement. Does this condition pose an unreasonable and unfair disadvantage to tenants as future home buyers in a competitive market and is there legal basis for objection?JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: The lease also stipulates that even if the property is rented before the end of the notice period, tenant is not entitled to any benefit. Yet there is a provision for early lease termination in the Georgia statutes that allows for tenant to be obligated only for the rental period (30 days in this case) or period until rented, whichever is lesser. A tenant may not interpret the contract as an attorney would. The contract has the “Georgia Apartment Association” logo on it.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: The potential contradiction is the use of the word “month-to-month” but the lease extension provision states the lease will be extended on a 60 Day Term basis until 60 day notice is given. The successive 60 day terms will be essentially indefinite until 60 day notice is given. Because of the 60 day notice condition, the “month-to-month” agreement is really a 60 day obligation on a contract that is paid monthly by the tenant. Contract logo – GAA (Georgia Apartment Association) - “Apartment Rental Contract”.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: The rental impact for an additional month rent is about $1200. Not sure if this is worth the consultation but I would rather pay the attorney than the landlord only if there is reasonable cause for demand.JA: When we are ready I'll take you to the appropriate web page.Customer: OK.
If you hire a contractor to build a structure and you pay
If you hire a contractor to build a structure and you pay him then he refuses to build the structure or return your money when you cancel, what remedy do you have. It is above the typical small claims court but not enough that most attorneys are interested in taking case?
Cliffs notes. My business partner in South Dakota hired a
Cliffs notes.My business partner in South Dakota hired a lawyer, he has done work for our business and is handling his divorce. We found his lawyer failed to send a request for discovery 90 days after having it done and failed to send 3 out of 4 approved offers to his wife's attorney and lied by blaming it on her counsel which wasn't the case.Basically he is over billing for work he never did, failed to follow the instructions of his client, deceived his client as to what he was doing and in general didn't operate in the best interests of his client.He has been billed for this along without business items. As an example we have noticed he has billed us 3 hours for a 15 minute phone call.It seems the lawyer has opened a new business and no longer put much energy into his legal practice(with one other partner.)http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.htmlIt looks like Our lawyer violated, there is still a $2000 open bill but I don't think anybody should have to pay for offers he failed to send and we should file a complaint against him to the bar.18.104.22.168-1-2-3-5b3.23.4-a-d8.4-*/1-cI know I need to write a letter here but what should I say or not say to make my complaint effective and easy to understand.http://www.statebarofsouthdakota.com/p/cm/ld/fid=45The State Bar of South Dakota222 E.CapitolPierre, SD 57501Thanks,
I signed a contract with a vendor for an event. He has yet
I signed a contract with a vendor for an event. He has yet to send me a copy with his signature. I have also not been able to reach him for the last 3-4 months (Phone call and email). If I cancel his services for my event, the contract states that I have to pay him in full since I am cancelling within 90 days.How can I get out of this contract?
I just found out after working for nearly 6 years, that
I just found out after working for nearly 6 years, that there is NO money in my 401K! I remember signing papers, but there is "no record" of it, naturally. I called my employer, I called Mass Mutual, and they say there is no record of it. That's the point I said. I want someone to be held accountable. Do they honestly think I'd work for 6 years for NOTHING? (Sorry, I'm VERY UPSET.) They're putting it on me, saying I should have noticed. Maybe so, but they don't make it easy to get a pay stub. They do everything electronically, and unless you install a special program,you can't access it on your home computer. Also can't access it on my work computer unless I go to The Command Center. Mostly, I don't. What I want is for someone to be held accountable, and back money for what should be in there. But it's my word against theirs. I know who people are going to believe.