Brian James Hinkle’s Answers

Brian James Hinkle

Harrisburg Business Attorney.

Contributor Level 4
  1. How to Dissolve LLC in PA

    Answered 4 months ago.

    1. Brian James Hinkle
    2. Nathan William Carter
    3. Frank Anthony Natoli
    3 lawyer answers

    As a matter of course, LLCs should be dissolved when no longer in use. Dissolving the LLC requires filing the correct paperwork with, among other state agencies, the Dept. of Revenue and the Dept. of State. While some individuals may be able to navigate the process on their own, you should contact an attorney to have this done. In all reality, the amount you would spend to have an attorney help you naviage the process would be well worth it in light of the time you would spend attempting to...

    7 lawyers agreed with this answer

  2. How to evict

    Answered over 1 year ago.

    1. Clifford L. Tuttle Jr.
    2. Brian James Hinkle
    3. Stewart C Crawford Jr.
    4. Leo Michael Mulvihill Jr.
    4 lawyer answers

    More facts would be required for a thorough answer, but if you reguarly accept rent every month, then you likely have a month-to-month lease. In that case, you should give at least thirty days notice to the tenant that you are not renewing the lease and want him/her to move out. Once the thirty days has passed, you have some options if the tenant doesn't move out. You should contact a local attorney to discuss these options. As for the failure to pay rent, again, you should contact a local...

    2 lawyers agreed with this answer

  3. I had to move out of the home my husband and I were renting for over 9 years.

    Answered over 1 year ago.

    1. Brian James Hinkle
    1 lawyer answer

    If everything is as you say it is, you should contact an attorney immediately. You likely have a number of claims against the landlord.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Does a owner of an apartment building required to inform the tenants that the building is being sold?

    Answered over 1 year ago.

    1. Nellie T. Schulz
    2. Brian James Hinkle
    3. Adam S. Bernick
    3 lawyer answers

    It is highly likely this situation is addressed in your lease.

    1 lawyer agreed with this answer

  5. I am moving more the 1700 miles away do to loosing job. Can landlord make me pay to get out of lease

    Answered over 1 year ago.

    1. Brian James Hinkle
    2. Stewart C Crawford Jr.
    2 lawyer answers

    It depends what terms you agreed to in the lease. If you agreed to this situation in the lease, you must keep up your end of the bargain. Many leases have a "buyout" provision which allows the tenant to terminate the lease early and pay some type of penalty. Also, if you are in the military, the service member relief act may allow for early termination. A competent attorney could tell you if your lease contains a buyout provision. These provisions are also pretty easy to spot, so You...

    1 lawyer agreed with this answer

  6. Is there a list of approved charges that a landlord can charge a tenant? i.e excessive trash and a desk left in premises.

    Answered over 1 year ago.

    1. Brian James Hinkle
    2. Stewart C Crawford Jr.
    2 lawyer answers

    There really is no list of "approved charges." That being said, a landlord cannot generally keep a portion (or all) of your security deposit for normal wear and tear on the premises. However, they can keep a portion (or all) of your security deposit for damages outside of normal wear and tear and if you leave items that need to be removed from the premises - excessive trash and desks included. The landlord would also need to provide you with an itemized list of charges within 30 days after...

    1 lawyer agreed with this answer

  7. Do I need to pay this agency or are they a scam?

    Answered over 1 year ago.

    1. Brian James Hinkle
    2. Stewart C Crawford Jr.
    3. Kris K. Skaar
    3 lawyer answers

    Unfortunately, the reality of your situation is all too common these days. As was already noted, threats of jail time by collectors are virtually always false and it is very difficult to tell the difference between a legitimate collector and a scam. There are, however, consumer protection laws in place which help protect you from unscrupulous debt collectors. As Attorney Skaar noted, you should keep all communications from these collectors, as you may have a claim under the Fair Debt...

    1 lawyer agreed with this answer

  8. I am a doctor(psychiatrist)released from prison in 9/16/13, now on parole (through 2021). What work can I do in behav health?

    Answered 4 months ago.

    1. Brian James Hinkle
    2. David Frederick Barrett
    2 lawyer answers

    You have already identified one option - to seek re-licensure. A competent employment attorney with experience in professional licensure matters should be able to answer any questions you may have regarding your other options. Speaking to anyone other than an attorney experienced in these matters is not likely to yield any valid advice.

  9. Am I entitled to the commissioned earned on all the sales I contracted?

    Answered over 1 year ago.

    1. Gregory S. Shields
    2. Brian James Hinkle
    3. Stewart C Crawford Jr.
    3 lawyer answers

    Attorney Shields is correct. If you had an employment contract, this situation would likely be addressed in that contract. The PA Wage Payment and Collections Act (WPCA) may also apply. You would need to discuss the specifics of your situation with an employment/contract attorney to determine what your options are.