How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
7 Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Residential Lease Questions

Residential leases are contracts drawn up between a landlord and tenant. The lease generally includes all rules, regulations and the terms of living arrangement set up by the landlord. In order to avoid issues with the landlord, it is important that the tenant follow all of the rules applied in the lease. From when the rent is due to who is responsible for the maintenance of the rental property will be listed in the lease. Once both parties have signed the lease, it becomes a binding contract between the parties. To learn more about residential leases, take a look at the questions below that have been answered by Experts.

My husband and I have a residential lease contract for 3 years with the option to buy and we are getting a divorce. Can he sell the house without his agreement and make money on it?

It appears that the agreement that you currently have would permit your husband or yourself an option to buy the home. So technically, if you could find someone to buy the home, you could take the buy option, turn around and sell the home to the buyer for a profit. However, this typically only works in a ideal situation. In order for you or your husband to sell the home in a legal manner, you would have to be real estate brokers. The reason for this is that the assignment of the option to purchase is the same as acting as a real estate agent without a license.

In theory, if the authorities were unaware of the transaction, your husband could sell the property and earn a profit. If you remain on the contract, any property or profit would be considered marital property and you would have a right to it unless you choose to give it up. However, if you don't pay a portion of the lease, your husband could argue that you chose not to take part in the venture, therefore you shouldn't gain a portion of the profits. The chance that the court would agree with your husband's argument is very possible.

My granddaughter has a residential lease as a tenant in Arizona. The lease is up in December but since she lost her job and cannot pay the rent. She has been ordered to court on Tuesday. What will happen?

If your granddaughter cannot afford the rent, she may have to pay the landlord the unpaid rent that is due. The landlord is required to try and find a new tenant to move into the apartment and mitigate damages. Because your granddaughter cannot make the rent payments, the landlord may ask her to vacate the apartment. If your granddaughter doesn't move out, the landlord could then begin the eviction process. To avoid further rent costs, your granddaughter could try to find someone to sublet the apartment. This would at least make the rent payments and keep the rental balance from growing.

I want to make a residential lease agreement in NY. Will the landlord be able to break the lease in case he goes bankruptcy, or if the mortgage bank sales his house? How do I prevent it with writing it into the contract?

In 2009, the "Protecting Tenants at Foreclosure Act" was passed. The Act protects tenants who have a lease, allowing the tenant until the end of a lease before they have to move. The month to month renter is allowed 90 days notice before they have to move. However, there is an exception for the new buyer who wishes to live in the newly purchased home. The new buyer who wants to live in the new residence may give a person who has a leave a 90 day notice to move. As for bankruptcy, the same federal act that controls foreclosure also protects a tenant through bankruptcy.

I have a California residential lease question. If all parties listed on the lease do not sign. Is this a valid agreement?

Contract doctrine would apply to a lease since a lease and a contract are basically the same. If the tenant signs the lease, it becomes a binding contract. If the tenant doesn't sign the lease, it could be possible that the lease wouldn't be binding to the tenant. The Uniform Commercial Code states there are five things that make a binding contract. The list provided is according to the UCC which states:

1) Identity of the parties;
2) The subject matter;
3) Terms and conditions;
4) Consideration (how much is being paid); and
5) Signed by the party to be charged.

So basically, what this tells you is, if you sign a lease, the lease is considered valid. If you don't sign a lease, the lease may be considered not a binding contract.

The majority of people who rent today have residential leases. It is important that the renter understands its lease as well as understands how the lease can protect them. A residential lease is basically a contract that states the rental agreement between the landlord and the tenant. If you are faced with a landlord/tenant dispute over a residential lease or just have questions regarding your lease, you should ask an Expert for assistance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
characters left:
7 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
Satisfied Customers: 19941
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
Attorney
Satisfied Customers: 8189
25 years of experience helping people like you.

Recent Lease Questions

  • I am a freelance graphic web/designer. I've had only 1 bad

    I am a freelance graphic web/designer. I've had only 1 bad account in the 5 years that I've been freelancing and after 3 years of struggling to make things right with this one bad account, I still cannot.
    Three years ago, I hired a developer (who I had worked with in the past and was successful in completing all other projects) to help with a large e-commerce site for a client. The project was estimated at $5,000 and was expected to be completed in 4-5 months.
    For the first few months everything seemed to be going fairly smooth and the client paid at the agreed upon sprints after we showed her the progress made. At the end things seemed to drag (as they sometimes do). However, more features began popping up that needed to be done; things that he had not been realized needed to be done at the beginning of the project.
    Turns out that well after the last payment there was a world of work that was not yet been completed. My developer had estimated the project way too low on cost and time. What was at first considered to be a 5 month project turned into a year and a half. I tried to get him to finish as much as he could - he worked for about a year in between jobs to try to finishs it but to my dismay he finally gave up. There is still a lot more to do and I don't have money to hire someone to do it.
    In that time the client got angry (as would be expected) and I tried with all my abilit to do things for her: I designed marketing collateral items - business cards, stickers, a sign, I even built her a bigcommerce ecommerce site to give her something to work with.
    It seems that everything I've done does not please her. She is insistent on getting exactly what she ordered (again, completely understandable). I worked very hard on a deal with a different developer and I finally reached deal to finish the site. He's been working on the site since this summer and is currently a couple months past his estimated delivery date. He is still working on it.
    She just sent me an email demanding that I redesign all the pages to the website to match current design trends and she is also demanding that the site be finished faster than it currently is. She has threatened with lawsuits, ect but I cannot make those pages for her with the workload I have now.
    My question is: what is the worst thing that she could do to me if she were to get angry when I tell her I can't do everything she is asking and she threatens me with action? I currently don't have any money in the bank (business or personal) and I don't own a house.
  • I signed a contract for selling Christmas trees and there not

    I signed a contract for selling Christmas trees and there not selling, however the guy wants paid in full tomorrow or else.
    I signed a contract for selling Christmas trees and there not selling, however the guy wants paid in full tomorrow or else. Also the trees that did sell he has been given money for them as I sold them, however not all of the money because I had to pay for everyday cost for the tree lots plus make payroll for the endless hours this has taken. He thinks he's a big shot and has made several innuendos to how he collects money with guns in people's faces. This is not a case of me not giving him any money or hiding the product. He is threatening me that if I don't pay him tomorrow he is gonna swear a warrant for my arrest for taking and selling a product and not paying him in full. He's the one pushing the product on me to begin with, and I was very clear I didn't have the money to start
    Charlotte, NC - about a minute ago
  • I live in MA married 14 years, I left my husband 3/11 and he

    I live in MA married 14 years, I left my husband 3/11 and he tracked me down,took me to dinner,bought me a car saying don't forget this money is coming out of your inheritance so you might want to put it back in" some of which I did.i have had 2 cars since now he has been saying he wants the settlement check or I can get out, (with no car) so I got the car he flipped out and told me to be out by Feb 1. He has also been verbally and mentally abusive most of our marriage and I don't know what to do- I live in MA.
    Thanks
< Last | Next >
View More Legal Questions