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Recent real estate law questions

I need to get out of my lease and need to know the steps to

I need to get out of my lease and need to know the steps to follow. Upon moving in I found black mold, mildew, a roach infestation, and then last night the roof started leaking through the top of the window into the living room. The landlord's representative has agreed to let me out of my lease and return my deposit. I'm planning to sue in small claims court for moving expenses, as this will now be my second move in two weeks. What do I need to document for that?And are there any documents I should require them to sign, releasing me from my lease? We found another tenant who will sign a new lease on Monday (he knows of the problems but he is a contractor so he can fix them). They want him to give me back the amount of my deposit, but I want to make sure I am completely released from my lease.

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William B. Esq.

Attorney

Doctoral Degree

 
18,354 satisfied customers
I received a letter from my mortgage co. telling me I have a

i received a letter from my mortgage co. telling me I have a balloon payment agreement with them, what happens if I don't have the money to pay.

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Ely

Counselor at Law

Juris Doctor

 
62,074 satisfied customers
I am in the process of refinancing my 1920-era home with

I am in the process of refinancing my 1920-era home with cash out. The proceeds will go to improvements, ones that affect the value of my home. The front porch is in disrepair. The siding with peeling lead paint needs to replaced, among other things. (These issues appeared in one season.) Any lender would want an appraisal. I am terrified of an appraisal. Comparable homes in my neighborhood are selling for what I think it is worth. But these homes need no major work and have lovely curb appeal. My home looks, well, sad and neglected. The interior is excellent though.How much would the condition of my home as described affect an appraisal?Another thing, since the discovery of peeling exterior paint, my 2-year-old and I have been staying elsewhere. A friend is occupying my home, as I do not want it vacant and he will not chew on lead paint chips. One lender told me that if I am not currently residing in my home, it is considered an "investment property," and a higher interest rate would apply. Cash-out would not be an option either. Is this true? We plan to move back in a week or two after close (after the contractor is paid and takes care of the lead).Is it wise to apply for a HELOC in case the cash-out refi does not work out?

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

 
14,512 satisfied customers
Loren, My real estate agent is at it again. We have less

Loren,My real estate agent is at it again. We have less than 10 days to go before we get rid of the property and we went back to clean the place up. After we cleaned it up, we had a few boxes in the house that we were going to pick up after the walk through but because it is summer, we left a few moth balls in the living room so it takes care of the bugs. We did not want him accusing us again of doing anything. But he is saying we left hazardous materials in the house and that it is a health hazard. From the time he emailed me, we got our friends to go remove the moth balls and have brought 100 dollars worth of odor eliminators to soak up the odor. But he keeps saying he will take action against us but does not specify what he will do. I have offered to have the place professionally cleaned as well, but he keeps sending us threatening messages and messages us 50 times a day.

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Loren

Juris Doctor

 
34,606 satisfied customers
My mother currently rents a small apartment. My brother lost

My mother currently rents a small apartment. My brother lost a job a few years ago and moved in with my mother. He helps her sometimes, but mostly my mother pays his expenses. He does work part-time, but does not contribute towards rent, food or utilities.I would like to buy a home for my mother to make her life a little better. My question, what to do if my mother passes away before my brother. I am not interested in paying living expenses for my brother.Is it better to have a rental contract for my brother and mother? Then I would have a legal right to evict my brother if my mother passes.Or since it's family without a rental contract, would it be easier to evict my brother in the event of my mother's passing?Thank you.John

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Roger

Litigation Attorney

Doctoral Degree

 
32,798 satisfied customers
We bought property with the understanding from the realtor

We bought property with the understanding from the realtor and the previous owners that we would be able to get power lines run to the property. We have a 40 ft. deeded easement. The easement runs through a hay field, the owner of the hay field will not allow the power company to run lines to our property. He wants the 43 acers we bought back in the family, but know one from this family that owns the property around us ever put in a offer for this property. How can we push the utility company to get power to us.

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Ely

Counselor at Law

Juris Doctor

 
62,074 satisfied customers
I am leasing a rent house and have a roommate who is not on

I am leasing a rent house and have a roommate who is not on the lease. My landlord requires everyone who lives in the. House to fill out an application to be approved. I allowed her to move in 6 months ago but she doesn't want to fill out application due to background check. I need to break my lease due to health and financial reasons but she won"t voluntarily leave. What can I do? She also won't quit smoking in house which is against the terms of my lease because I am not her landlord.JA: OK. The Real Estate Lawyer will need to help you with this. Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I don't think so.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

 
32,798 satisfied customers
Just took over management of an apartment complex that has

Just took over management of an apartment complex that has utilities included in the rent. Can I have existing customers capped at $40.00 for electricity charges; and, can I require new residents to put power into their names?

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Ely

Counselor at Law

Juris Doctor

 
62,074 satisfied customers
Condo above me dishwasher leaked down on my condo and

Condo above me dishwasher leaked down on my condo and Association walls.. Owner above refused to pay. He Had condo manager send me a bill. I am self insured. Governing Documents say that"The Owner of any unit shall, at the Owner's expense , maintain and keep in repair all fixtureres, equipment and utilities installed and include d in a unit..." Any cost to Association for violation of Condomium Documents shall be paid by such Owner. The dishwasher was clearly not in repair at time of loss. Seems to me that owner of that dishwasher should be liable, not me. What do you think?

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Loren

Juris Doctor

 
34,606 satisfied customers
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