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I have a rental lease question. Exact wording on the lease

I have a rental lease question. Exact wording on the lease as follows - This lease is for a term of 1 year and will expire at noon on Sept 30, 2013 and will automatically be extended for another full year each and every year thereafter. If tenant does not wish to extend the lease it will then be the responsibility to deliver a written notice to the owner at least 30 days prior to the expiration of the lease of the tenant's intention to vacate the premises along with forwarding address. Tenant will not receive any written notice to sign to renew your lease. We gave our 30 notice for the end of this month & I've been told I have to continue paying till Sept. While she automatically renews lease we haven't signed anything since Sept 2012. She also wants me to keep utilities on in my name.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: PA Punxsutawney. SorryJA: Has any paperwork been filed?Customer: No. Just gave our 30 days notice, bought a house. Landlord called flipping out.JA: Anything else you want the lawyer to know before I connect you?Customer: No just how much am I responsible for.

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Attyadvisor

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7,520 satisfied customers
I have a legal question for NY state that I'm hoping to get

I have a legal question for NY state that I'm hoping to get guidance on. My mother (75 yrs old) owns a property in the Hamptons. We want to get me onto the mortgage so that we can refinance the mortgage and use the proceeds of that to upgrade the house. There is enough equity in the house.We are in the process of working on a living trust for my mother which is separate but connected to this. Our attorney recommended that we create an LLC in NY and put the LLC on the mortgage which could be an alternative planning option for the titling of the property that could be utilized without triggering a transfer tax that is specific to property in that area. What we anticipated was that we would contribute the house to the LLC and my mother would therefore be the initial sole member of the LLC, and then I could obtain ownership interests in the LLC through either (a) the contribution of cash, to be utilized for the renovations to the property, and/or (b) future gifts by my mother (or inheritance from my mother) to a trust for me.After reviewing Wells Fargo loan/mortgage requirements, it states that all members of the LLC must be individuals. It specifically states that trusts are not allowed to be members. It also states that non-purchasing LLC members are generally not allowed. This implies that we will not have the option to utilize a trust as a future member of the LLC, and may even mean that my mother cannot gift interests to me, individually.Our objective is to determine the best way to accomplish both the short-term goal of getting the renovation loan and the long-term goal of providing my mother with a structure that can be utilized for estate planning purposes. That being said, the above-listed requirements are Wells Fargo's requirements, and may or may not be statutorily required in order to avoid the transfer tax.My question is whether you know whether these requirements are specific to Wells Fargo or apply to NY state as a whole. If LLC's can be on a mortgage in NY, maybe there are other lenders we could go to. If you have other suggestions on how to structure this please let me know. Sorry for the length post.

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Ray

Lawyer

Doctoral Degree

37,578 satisfied customers
Can an owner of a single family in queen live in the

helloJA: Hi. How can we help?Customer: Can an owner of a single family in queen live in the basement and rent out the top flooors?JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: queens nycJA: Has any paperwork been filed?Customer: paperwork for what?JA: Anything else you want the lawyer to know before I connect you?Customer: no

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

110,666 satisfied customers
I am a landlord with a “LEASE AGREEMENT WITH OPTION TO

I am a landlord with a “LEASE AGREEMENT WITH OPTION TO PURCHASE” contract in Pennsylvania. Effective 7/1/16.It has a clause that tenant is responsible for any repairs and maintenance. The tenant asked for this clause because I didn't want to rent the house and while she was waiting for half of her Ex-husbands 401K for the down payment, she could only afford $500 rent payments (The house would normally rent for $1,000).After she was there about 3 weeks, she clogged the upstairs toilet. Tenant says she tried to unclog it but did not have the money for a plumber and claimed it was a preexisting corroded broken pipe. Being a nice guy, I thought maybe $100 to clear the clog, just to prove it wasn't a broken pipe. I called in a plumber. The result was a $427 bill and the plumber said it was caused by her cloth wipes getting caught on mineral deposits within the pipes. Almost 2 weeks later, she emailed me that the sewer system backed up and raw sewer was coming out of the floor drains and collecting in the basement. She insisted I fix it, put them in a hotel and clean up the raw sewer as it was a preexisting condition. She even called the city code enforcer on me. She continued staying there and using the facilities and dumping more sewage into the basements, even though the plumbers advised them not to stay there. Eight days, 2 plumbers and $4,500 later, they had not found any broken pipes, just some tree roots. The plumber shoveled up the sewage solids in part of the basement and said it still needed to be totally sanitized. I still don't know if they cleaned up the basement.A clause in the contract specifies that the tenant is to maintain renters insurance which would cover any loss to their property and pay for hotel and food expenses.Another clause states that the tenant is to keep the place clean and sanitizedRegarding rent: She hasn't paid Sept.'s rent; other months have always been after the 20th of the month. She refuses to pay the $25 late fee as stated in the contract.Regarding utilities; she never had the utilities put in her name because of the $75 fee and she is 2 months behind in reimbursing me for them.Questions:1. Do I still have to sell her the house at the price in the contract?2. Her November's money order (received 11/25) had “Payment for” Mortgage. Can I cash it?3. Can she sue me?4. Can I evict her and if so, what can I include in the “Letter to evict” that I need to post on her door, per Magistrate.A. September's rent?B. Late payment fees?C. December's rent? after what dateD. Late utilities?E. First plumber invoice for $427?F. Second plumber invoice for $4,500?G. Cleaning and sanitizing basement?H. My ruined rug in basement?

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INFOLAWYER

Attorney

Juris Doctor.

38,268 satisfied customers
I have a neighbor building a new house and PG&E has located

I have a neighbor building a new house and PG&E has located their electrical box on our property. Is there a means to stop the installation and have them relocate it on the new lot?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: I am in Capitola, California.JA: Has any paperwork been filed?Customer: I have spoken with a representative from PG&E in the Service Planning Dept., as well as the supervisor. I've also met with an engineer at the location of the box.JA: Anything else you want the lawyer to know before I connect you?Customer: The PG&E reps have told me that unless the PG&E inspector says they can relocate the box on the neighbor's property, the box stays where it is on my property. Do we have any recourse?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

110,666 satisfied customers
The sidewalk in the easement portion in front of my house

The sidewalk in the easement portion in front of my house has settled due to the installation of underground utilities. The settled portion could potentially be a trip hazard. Am I, as the property owner, responsible for the repair or liable if anyone falls due to tripping on that portion of the sidewalk?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Has anything been filed or reported?Customer: I sent an email to my County Commissioner...about three weeks ago with similar explanation. The response came from his aide who advised the office would let me know, etc. I've not had any further communication from them. I've sent two more emails asking about the status of my inquiry.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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ScottyMacESQ

Doctoral Degree

23,402 satisfied customers
Yea we're getting evicted how can we slow down d process

Yea we're getting evicted how can we slow down d process Assistant: Thanks. Can you give me any more details about your issue? Customer: We made a verbal agreement with the landlady that we would stay at the house and just pay utility's because she needed someone to take care of the house so that it wouldn't be vandalized . while we are we did a lot work to the property to better it. Did the landscaping for backyard it had very tall weeds and holes wich had to be filled cleaned up all the garbage that Wes's left behind inside and out by previous renters stripped and redid all the wood flooring retiled the bathroom painted the house inside and out. The actual owner to the house was alive and living in a nursing home she passed away about 2 months ago and landlady told us we would be able to stay until the house was sold and she estimated that it probably would not be sold until around the same time next year. And said as long did the upkeep we could stay until then same deal just paying utilities as she was great full we where here taking care of the house. Then she had her nephew who is in real estate handle the process of selling . He has informed us we until this Sunday to be out.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

48,972 satisfied customers
Shouldn't any one who knowingly uses your property to store

Shouldn't any one who knowingly uses your property to store or support their cause without permission be made to pay a property fee of the time occupied. Assistant: Thanks. Can you give me any more details about your issue? Customer: Verizon, Cox and Virginia dominion power has used my property for three years to anchor a broken utility pole which could not support itself. the cables were anchored in my yard hindering me from installing a privacy fence.

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INFOLAWYER

Attorney

Juris Doctor.

38,268 satisfied customers
I'm trying to figure out the best course of action with a

Hi,I'm trying to figure out the best course of action with a former roommate who owes $3,000 in unpaid rent.Last August, I moved out of my apartment in Malden, MA following several violations from my roommate (smoking in the apartment, entering my room without my permission, once in the middle of the night while I was sleeping, consistently late rent, writing me checks for utilities from a closed bank account, and more). The management company said the only way I could get out of it was by finding a new roommate to replace me. My former roommate had a friend who was interested, so we were all set with that. The day before I moved out, they changed their minds because the friend's credit wasn't good enough. His parents offered to co-sign the lease, but they refused to allow this. I thus remained on the lease.My former roommate's friend continued to live in my space without my consent and the management company did nothing to kick him out. I posted an ad on Craigslist for a replacement roommate and received several interested replies which I forwarded to my former roommate and the management company. The management company asked me to stop sending them and my former roommate ignored them, since he was happy living with his friend. My former roommate indicated in writing on several occasions that he would cover "all the rent," and he and his friend did so, except for the final month. The management company is now sending collections agencies after me to pay the unpaid $3,000 in rent.I have filed a small claims case against my former roommate, however I don't know his home address, and I suspect it will be very difficult to collect from him. My question is - do I have any chance of succeeding in a suit against the management company? Since they had an eager, willing, and financially capable replacement tenant (with his parents co-signing), and they refused, and since they made no efforts to kick out the friend and collected rent from him, and since they refused all other replacements, do I have a case arguing that I should not have been financially liable here?Thank you. I'd appreciate any help you can suggest.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

48,972 satisfied customers
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