Skip to main content
Effie Soter
Avvo
Pro

Effie Soter’s Answers

170 total


  • My husband was killed while at work at no fault of his own, what should I do now because the woman that killed him also died?

    My husband has a clean driving record and over 20 yrs experience driving a truck. He is always safe, does not speed and never ever been wreckless. While hauling cotton seed, a driver in the other lane crossed the white line, he did everything in h...

    Effie’s Answer

    I am very sorry for your loss. Get the final report that was conducted as a result of this accident. If it is determined that that the other driver is completely to blame, you should also be able to file a wrongful death claim against her estate.

    See question 
  • Can a landlord refuse to allow mail to be delivered to a home that a tenant rents in?

    Residential home with a single upstairs apartment.

    Effie’s Answer

    I agree with the previous responses. If you are a renter and living at this address, your landlord cannot lawfully refuse to allow your mail to be delivered to your address.

    See question 
  • Can landlord show house to new tenants while I live here in my lease thru May 1st even though he refuses to eliminate mice, mol

    I discovered the house I am renting is no up to code and landlord will not bring it up to code instead he started showing it to new tenants. My one year lease ends May 1st this year but he has not remedied the rodents since I notified him months a...

    Effie’s Answer

    I am sorry to hear about your pest situation. I believe the that landlord's right might be a contractual one. You should look into the terms of your lease to find out. It may state that your landlord has a right to entry for the purpose of showing it to a prospective tenant, usually in the last 30 days of your lease. Typically your lease will have specific terminology that states that showings must be during normal business hours and must give you 24 hours notice. Therefore, you may (or may not) contractually be obligated to cooperate. With regard to the code violations, you should consult with a local attorney and get guidance regarding the appropriate steps to take. The attorney you hire may suggest you take your landlord to court, among other possible strategies. Good luck.

    See question 
  • How can I get out of a lease in the best way possible?

    I signed a lease last week for an apartment that I hate and I am miserable in. I have almost nothing left in my savings and my job is in jeopardy. I have been diagnosed with bipolar disorder over the weekend and I don't know what to do. I signed t...

    Effie’s Answer

    I agree with the previous answers. Also, you should review the terms of your lease again, if you haven't done so already to see whether there are specific terms in place for early termination of your lease. For example, some leases require 60 days ' notice and 2 months' rent to break a lease. If this is the case, this will give you guidance and help you navigate what your next steps should be. That said, you should still consider consulting with a local attorney . Hope this helps.

    See question 
  • Can anyone, please, assist me in tell me exactly who: RAPIDFACTS INVESTIGATION AGENCY, INC.?

    I am a pro-se litigant collecting some information to go back to court on a claim of actual innocence. The court's records shows that the court paid to this agency, to conduct an investigation in my case. The address in record is 404 Maryland Av...

    Effie’s Answer

    I agree with the previous answers. I have never heard of a court paying an investigator to investigate a claim. Best of luck with your situation.

    See question 
  • Is a landlord or tenant responsible for a broken window (spring missing; window will not stay open without being propped)?

    Landlord has no proof that window was working prior to tenant moving in. It was not broken by force but by wear and tear prior to tenant moving in. Landlord is trying to charge $500 for window being replaced.

    Effie’s Answer

    One should first start by reviewing the lease's terms and conditions regarding repairs in the rental unit. Usually the lease will give some general guidance as to this issue. Generally, if it's an issue of ordinary wear and tear, it falls upon the landlord to make those repairs at the landlord expense. However, if the damages are beyond ordinary wear and tear, the landlord may lawfully deduct these repair costs from the tenant's security deposit. Hope this helps.

    See question 
  • Landlord refuses to have dead animals(squirrels) removed from my apartment

    I have had an ongoing problem with insects rodents and dead squirrels in my apartment. I have had numerous conversations with the landlord in regards to this matter. I had to vacate the premises for almost 3 weeks do to 3 dead squirrels in my hea...

    Effie’s Answer

    I am sorry to hear about your situation. You really should consult with a local tenant lawyer. You can use Avvo's "find a lawyer" feature to help you find an attorney I your area. Good luck.

    See question 
  • Just moved into a apartment just two weeks ago code was here today I found out this place has bedbugs bad infestation my kids

    My kids are getting bit up so bad my seven year old daughters eyes were swollen shut THIS morning couldn't send her to school code marked it uninhabitable can you help me get my security deposit back from a six month lease agreement and for all th...

    Effie’s Answer

    I am very sorry to hear about your situation. You need to find a good local tenant attorney. Use Avvo's "find a lawyer" feature to help you locate someone in your area. I addition, Judging from how bad you and your children's pain and suffering sounds, you may also want to consult with a personal injury attorney. Good luck.

    See question 
  • Trying to evict rent stabilized tenant

    I am a landlord for a rent stabilized apt and have not received rent from a tenant for over 4 months. I was supposed to provide a renewal lease at least 90 days before the lease expires. I failed to do so b/c they have not been paying rent. Thei...

    Effie’s Answer

    Technically you can still bring an eviction action. However, you may run the risk of the tenant using what is called a "late renewal" defense as a mitigating factor to your proceeding. You should certainly consider hiring an attorney.

    See question 
  • Is my landlord allowed to raise rent stabilized apartment by this much?

    I live in a rent stabilized apartment for the past 3 years. My roommate is moving out and so the landlord is renewing my lease with just my name. However, the landlord is raising my rent by $300/month (which is around 25% increase) and is saying e...

    Effie’s Answer

    This is generally not allowed. However, you should order the rent history of your rent stabilized apartment from DHCR and ask the the history go back to 1984. DHCR will mail you a copy of it. Your apartment's unique rent history will determine your legal rent, not market rents and not your ability to pay. Tenants in very identical apartments may have very different rents, especially between newer tenants and long term tenants. Were you offered what is called a "preferential rent" which is a lower rent to be charged on the first lease you signed when you moved into your apartment? If so, preferential rents can go one of two ways: Either you have the right to keep preferential rent, and that amount must be used as the basis for calculating rent increases every time your leas is renewed, OR your landlord may have the right to revoke the preferential rent and offer to renew your lease based on the "legal regulated rent" (which is a higher rent) plus the allowable set rent increases, at any future lease renewal. The legal regulated rent must be registered in your apartment's unique rent history every year for it to legally and properly apply to you. However, if your landlord never offered a you preferential rent, such a large increase is not allowed.

    See question