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Our tenants' Lease expired (with walk-thru) June 30, 2016.

Hello Sir,Our tenants' Lease expired (with walk-thru) June 30, 2016. At the time of walk-thru tenant demanded (in fact, was indignant, and with threats) that we immediately give him a statement saying walk-thru completed to satisfaction. Even though I couldn't see well (due to having had to send in my eyeglass frames for new lenses), to avoid the possibility of any further actions or trouble from the tenant, I wrote out a short statement to his request for such, on a yellow sheet from a jr. legal pad, which was not at all very legible (seeing I've been diagnosed with an extreme essential tremor in my hands). At the end of the walk-thru, but, before tenant requested the above referred to statement, he asked us how we wanted to handle this. I told him we'd submit it to our bookkeeper, and, immediately, it was most visibly noted that tenant had been expecting to receive a refund of their security deposit and the 497-gallon fuel reimbursement. Soon afterward, he talked with his wife on his cell, and the threatenings began.Subsequently, we have learned there are several things yet needing to be cleaned as well as replacement of some items which are missing. I.e., kitchen stove inside and out, underneath, behind of, and on the cabinet wall on each side of the stove; and its black smooth-top surface which has a tremendous amount of baked-on debris on all burners - when asked, he told us his wife had cleaned both the refrigerator and stove as well as having cleaned behind both; one kitchen cupboard turn-about has flour and sugar spills; the exterior of all windows; all window screens, 3 toilets - one of which has mold on the handle and mold on the surrounding wall; two skylights - one of which has gook running down from the top of the window on one of its sidewalls.When the military came to inspect our place for rental, they couldn't compliment us enough regarding the condition of our place - a 2-story townhouse (an inside unit) with 3 brs/2 1/2 b, carpeted throughout except for kitchen, 3 baths and front entryway, and with heated 1 1/2 car garage. All appliances are of very late model, including a brand new kitchen stove and refrigerator. The military inspector told us it was in "immaculate" condition!Missing items are two new shower rods; one toilet paper roller; two carbon monoxide detectors, and a one-inch round dowel at a slider door.Upon leasing, tenant was give two complete sets of keys for all three brand new locks. (Mainly for tenants' protection, we always change all locks throughout the premises with each new tenant). At walk-thru landlord was given only one original key and all others were duplicates. Also, it was learned our key to the deadbolt no longer worked (as the pin had been changed "without our knowledge or approval." Excuse: Tenant advised that when keys are made the "cut" is often very minutely different (off) from the original. And, this must be the reason our key no longer worked!When Lease was signed (June 25, 2015), tenants reimbursed us for remaining heating fuel which measured 24" in the 550-gallon underground tank, equalling "282" gallons. Three months later (September 18) company shows tenant added "200" gallons. Five months later (February 23, 2016) they show tenant added"277.2" gallons. This totals 759.2 gallons. At Walk-thru (6-30-16) the tank has"497" gallons, measuring 40". None of our five heating fuel companies here in Juneau have any other record(s) of any other fuel deliveries at the leased premises nor in tenant(s) name, other than these two listed above.With only this total amount of fuel listed above (759.2 gallons), for one full year, how can there still be 497 gallons in the fuel tank ??In no way do we want to be "unfair OR dishonest", nor do we want to be considered "picky"! However, we do not want to be taken advantage of either! But, something is very wrong here! - As this unit burns an average of 50 gallons per month, or a little less, usually one tank annually.When mentioning this discrepancy to tenant, he, in a very demonstrative manner, gave the following explanation: That it was because his wife was going through menopause, and, that, she would turn the heat "way down" as she was burning up, which left him totally freezing most of the time!With all subsequent findings, a couple of which yet follow below, we are sorry to say, we no longer trust this tenant nor his word!Subsequent to tenants' Lease having expired, we have also learned, through investigation, this tenants' daughter and family have been living at this same residence since having moved to Alaska from Florida back in June of this year.At the leased address, we have been receiving mail addressed to each their daughter and son...some from Social Security, Fidellty Investments, US Postal Service, etc. Investigation reveals a change of address from Florida to leased address was done in early April, and, on June 30, a subsequent change from leased address to where parents (tenants) moved to. Also, Alaska license plates were changed from FL to AK, exact date unknown.QUESTIONS ARE AS FOLLOWS:l) Can we legally nullify, retract, or supercede, our "indignantly, demanded" written statement of walk-thru satisfaction, stating such in the refund letter ?? - and showing itemized deductions for professional cleaning and cost of missing items ?? - due to subsequent findings ?? (Possibly, explaining reason not noticed before - very poor eyesight, or leave this statement out ??. (We wouldbe willing to have such notarized).2) Tenant has just recently retired from US Coast Guard (believed with E-9 Rank). Seeing he's now retired, would there still be a local Commanding Officer with whom to speak?3) Is there any recourse we have regarding the deadbolt pin having been changed without our knowledge or approval? Or to get ALL original keys returned?4) What recourse to we have regarding an additional family actually living there for approximately three months without our knowledge OR approval?5. FUEL ISSUE. With our perplexed experience with this tenant, we, now, needless to say, have significant mistrust in them! We are seriously considering having the fuel pumped from the tank.(We are wondering if it's even 100% fuel that's in the tank!)What recourse do we have regarding this fuel situation?To our recollection, there is nothing in the Lease regarding fuel reimbursement. .In view of the fuel circumstance (497 gallons measured in the tank), are we obligated to reimburse tenant for the fuel?AND, if we should have the tank pumped, does the tenant have any legal recourse against us ?As mentioned earlier, it is not our desire to take advantage of anyone. If we can legally have the tank pumped, it would be our desire to first advise the tenant of such, asking if they'd like it delivered at their new residence, as we've learned, otherwise, after pumping, the fuel company would just burn it off.6) What is the statute of limitations regarding deposit returns and fuel reimbursement? 14 days, or 30 days with any deductions itemized?INTERESTING ADDITIONAL FACE. At walk-thru time a business van had pulled part way into the driveway of the leased premises and back up to park in the driveway across the street. The tenant had made mention that it was his son-in-law. I just now placed a call(###) ###-#### ***** that business (Tongass Business Center, Inc) for an employment check, to see if I could provide a more accurate date this additional family from Floride had begun living there. The gentlemen I spoke with advised there was no one working there by that name (the name of tenants' son-in-law - which I've learned only as a result of receiving mail addressed to him at the leased premises).I will be most appreciative to receive answers to the above vitally important six questions.We remain, Truthfully and Sincerely, *****Juneau, AK (###) ###-####

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Gerald, Esq

Juris Doctor

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My mother recently passed away from lung cancer/brain

My mother recently passed away from lung cancer/brain cancer. She was diagnosed October 22nd 2015 (at stage 4) and she died on January 25th 2016. While she was in an pre-active/active stage of dying and heavily medicated while also receiving brain radiation she was brought some paperwork by a funeral director (she was bedridden) that would allow her to sign over all three life insurance policies to them. My sister and I were originally named beneficiaries when mom purchased the policies. Also, my grandmother whom the funeral director is good friends with was given complete power to make any and all decisions regarding my mothers funeral. Cutting my sister and I completely out. We were given the "left over" life insurance proceeds which was around $7000. My mothers funeral was nearly $12,000! I noticed a couple of things on the funeral bill that just doesn't seem right to me. First, "flowers" were an item deducted from the insurance funds ($135). I paid for my moms casket spray out of pocket. Any additional flowers during her service was from family and friends. Second, the cost of a gravestone was deducted at $550. When I called and questioned the monument place who made the stone I was told they charged the funeral home $350 for the stone. Isn't this insurance fraud? Plus, there were just a lot of I feel redundant/fraudulent charges on this bill. I have an uncle who had services at this same funeral home, was buried in the same cemetery and his funeral was $8,300. I cannot fathom how my mothers services would have costed nearly $5000 more! I feel like my mother was taken complete advantage of while she was sick and at her most vulnerable state. There is absolutely no reason my mothers funeral should have taken almost every penny she had in insurance! Why a sudden change in her beneficiary (4 weeks before she passed)? When she was alive and well she designated her children as to who she would want to take care of these things. Why did this funeral director come to her house and have her sign to them all rights and cut her only two heirs (children) out of basically everything? Can someone that sick and heavily medicated really be capable of knowing what they are signing? Law says a contract becomes void if a drunk person enters into it. What about a person who is on OxyContin and hydrocodone? Someone who is taken steroids to reduce inflammation and swelling in their brain due to brain cancer and radiation treatments? All of these sudden changes and this funeral bill seems very strange to me. What are my legal options if any? There has to be something somewhere that says a terminally ill person cannot be taken advantage of and a funeral director cannot commit life insurance fraud.

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Gerald, Esq

Juris Doctor

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I started a volleyball club in Wisconsin with four teams and

Customer: I started a volleyball club in Wisconsin with four teams and two coaches - I'm one of the coaches. I want to determine the best entity to set this up. I'm currently set up as a sole proprietor with a tradename. I need to know the proper way to pay the other coach and myself and also retain the ability to offer scholarships for needy kids. Is it best to set up as a non profit corporation? LLC? Right now as sole proprietor, I believe I would be using a Schedule C and any "profit" or loss would be mine. However, there is conflicting information as to how to define the other coach - independent contractor or employee. JA: Thanks. Can you give me any more details about your issue? Customer: Last year I paid two other coaches a set amount every time they coached a tournament. The practices were optional for them to participate in and they (and I) managed the practices as volunteers. Would the coaches be considered independent contractors or employees? JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: Yes JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Gerald, Esq

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What is the best way to gift a distressed home mortgage payoff? I am an artist who would like to promote economic alternatives, as well as “bail out” distressed home owners who aren't likely to bounce back into home ownership. Hypothetically, if I were to involve a non-profit (church) to pay off a distressed home loan per a donation I provide as a for-profit, will it protect the recipient from taxes, and allow me a tax write off (making my dollars go further)? Can the church keep a small percentage to help cover their costs of involvement? Thank you for volunteering any pertinent information that could be useful in planning for raising and distributing large sums for this purpose.

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I own a house with my husband and father. The three of

Hi, I own a house with my husband and father. The three of us are on title. My father and father-in-law took the mortgage out on our house so we are not on the mortgage, but we have notarized documents from them that the house is ours, we put all moniesinto the house (down payment, insurance, mortgage payments, improvements etc). My father-in-law passed and now my dad's the only one on the title. He has been taking the IRS write off's on the house for the last 5 years but never actually paid a cent on thehouse. We've never taken the write-off because from our understanding it's illegal since we're not actually listed on the mortgage. Is it legal for my father to take the write-off?

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Richard

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I have a question about a rental deposit return in CO. I had

I have a question about a rental deposit return in CO. I had a tenant move out at the end of a lease after leaving significant damage and not forwarding address. I made a list and took photos of all the damage. The damage total was 4500.00 and the deposit was 2500.00 I suspected they just moved and did not leave a forwarding address due to the damages. On the 60th day I heard from the tenant that he wanted his deposit back via email. I sent a reply on the 60th day saying that I needed his mailing address to send the official letter with the damage report and that it exceeded his deposit. I was heading out of town that day I would send the final letter with all the specifics on my return. Now 4 months after my Tenant received the damage list he is sending me a letter suing me for his deposit saying that I forfeit the right to keep the deposit since I did not send a detailed list on the 60th day. If this is true then I made a mistake in not tracking him down sooner and sending the list on the 60th day via email, but I need to know is this true and can I fight this? Thank you in advance for any advice you can provide.

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Marsha411JD

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Sued my former landlord in small claims court for not returning

Sued my former landlord in small claims court for not returning my deposit and violating my tenants rights. Did not follow the 21 day rule of submitting proper itemized deductions on deposit. LL filed a counter claim for lost wages, pay LL's real estate agent/ contractor/ witness for $700, lost rent etc. judgement : on plaintiff claim LL will pay $550.00 on LL's counter claim I'll pay $3000. LL's real estate agent/ witness/ contractor submitted fabricated evidence and swore under oath that he will be true and honest but lied and exaggerated all the way . Pro temp judge did not hear my case and not even look at my presentation and evidence but just concentrated on the counter claim. Is the LL allowed to use all my deposit ($2300) to paint the interior of the townhouse. I have pictures of the whole house not showing any damage at all . I am planning to appeal to Superior court.. Is this wise?

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Dimitry K., Esq.

Attorney at Law

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I am a CPA with a client question. client sued a local school

I am a CPA with a client question. client sued a local school district in an age discrimination case and won an award for a total of $240,000.00 In a letter he received from his attorney, it indicated that in the express terms of the settlement that the sum of $64,800.00 was categorized as a payment for "TAXABLE LOST WAGES."From the total award, the attorney deducted a legal fee of $24,000.00 OR 10% of the settlement. The remaining sum of $151,200.00 was categorized as "A PAYMENT FOR PERSONAL PHYSICAL SICKNESS OR INJURY SUFFERED BY HIM."QUESTION:He received a form 1099M which showed only the sum of $64,800. in box 3-Other Income. In preparing and filing his return we included that sum as miscellaneous other income but showed it as NOT BEING SUBJECT TO SELF EMPLOYMENT TAX which now, the IRS is diagreeing with and is assessing the tax (also giving hime the SE Adjustment of 1/2 on page 1). The form he received was prepared by the attorney himself. We do not know whether the school district ever reported to the IRS any of this information.Since the attorney's letter to the taxpayer is not even signed by the attorney which could also indicated that someone at the IRS was copied or anything else. Is it, in your opinion, since it is referenced as taxable lost wages-IS THE IRS CORRECT IN ASSESSING THEY SE TAX??? Also, if these were actually ttue wages paid the to the employee, wouldn't he have limited to a tax rate of %5.65 FICA TAX since that was the rate deducted from employees on any type of wages paid in 2012 irregardless of whether they were from work, sick pay, vacation pay etc???Also, since the legal fees paid ($24,000.00) from the law suit was for the purpose of age discrimination, shouldn't we be entitled to amend the return, file a schedule "C" for that year and deduct in full against the wage portion of the settlement (27% of the total settlement?)

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Delta-Lawyer

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in 2009 my husband and his friend bought into a business as

in 2009 my husband and his friend bought into a business as a partnership. he worked out of our home to produce some of the product for his business. it was a for manufacturing sports fishing tackle lures and baits packaged for retail sale. the owner never wanted to pay my husband. he would always tell him to get what he needed from one of the stores we stocked. or if we would pay for my husband fishing tournaments he wouldnt reimburse him when asked. he would always tell the two partners that business was breaking even which i know was a lie because we couldnt keep up with the demand. he was having financial problems at that time. he gave my husband back the money for the buy in and sold the business. he wouldnt let the new owner look at his books. he sold the business to partner for amount on books and pay for the stock of warehouse which my husband supplied. this buy in of business was verbal. my husband invoice book somehow disappeared and he has every bit of information of the business. he did alot of shady things. my husband and i spent alot of time and expense to produce,package, price, label, and gas to drive to different locations for this man. he used my husband and gave him material things for two yrs so he would buy in a business so he could afford to buy a piece of equipment that he couldnt afford to purchase himself. there is NO way my husband shouldnt have made money from this business. What do i do? file a business use of my hm? i have no financial information and i think he has put fraudulent information down. there was a profit with this business.

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Law Educator, Esq.

Attorney At Law

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