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Jimmy Newmoon Roybal

Jimmy Roybal’s Answers

2 total

  • How legally binding are gift letters? If the individual has written an agreement to repay the gift how binding is that?

    Home was purchased using only one individual. Main deposit came from person not on deed/mortgage documents. Individual owning the home committed acts of violence and agreed in a written agreement via email to repay the gift sum.

    Jimmy’s Answer

    There are not enough facts in your question to obtain a clear understanding of your situation. From what I can tell a home was purchased with financing where only one person's name was obligated in the mortgage note. The financing did not cover the total cost of the purchase and a down payment was required. The down payment was provided by a separate individual whose name is not on the mortgage documents, and apparently not on the title of the house. It also seems that there was no written contract between the person contributing the deposit and the person whose name is on the mortgage, but there was an email pledge at some point by which the person who is on the deed agreed to repay the deposit money to the person who contributed it.

    1. I don't know enough about your email to know if it is an enforceable obligation.
    2. Even if it was not enforceable the person who contributed the money to the deposit may have a case to receive a portion of the property or of any proceeds from the sale of the property based on a theory known as a resulting trust or perhaps even on unjust enrichment. This sort of case would require an attorney because it is complex.
    3. Whether someone would press this case to get their money back will depend on many practical considerations, such as how much money is owed? As a rule of thumb, if the amount is less than $10,000.00 then there will be serious considerations given as to whether it is worth the money to litigate the matter based on what an attorney's fee may cost. To that end, this is a matter of cost and leverage and not necessarily based purely on legal rights. You might be better off negotiating a compromise based on a present cash payment than actually litigating.
    4. Acts of violence may or may not be irrelevant depending on the relationship of the individuals involved in the violence, whether the violence was reported to the police, whether any such violence resulted in some sort of legal restraining order against the person who committed the violence, and whether such restraining order constituted a "constructive eviction" from the subject property. Again, there are too many unknowns here to make a good answer, but more often than not, the acts of violence will not affect the first part of your question.

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  • What are my rights. How long should I keep the property ?

    My Question is If you have a roomate who during a 1 year lease . Broke it. The landlord said tha she would be allowed to break the lease if she signed a notorized letter saying she gives up all rights to live there. She moved 8 15 2012..The letter...

    Jimmy’s Answer

    There are laws that govern unclaimed property in Pennsylvania which were implemented recently. There was a law passed governing abandoned tenant property just this past summer. To determine which of these laws would apply depends on if you had a contractual relationship with the old roommate. You do not provide enough information in the question for me to determine that.

    If there is not a contract between you and the roommate then the Landlord would be the one who would have to send a notice to the departed tenant to inform them that they must pick up their property or forfeit it according to the provisions of the abandoned property law. The length of time that the property must be safeguarded all depends on whether there is forwarding contact information for the departed tenant.

    On the other hand, if you have to deal with the abandoned property because of a contractual relationship with your departed roommate then you may be subject to the Unclaimed Property Act. On their website the Pennsylvania Department of the Treasury has published helpful guidelines on how to determine if you are subject to the act and then how to comply with that act, but for your situation this can be a real pain in the neck.

    Bottom line, it is likely that the Landlord has the clearest right to the quickest remedy here. Notify them of the abandoned property. If the departed tenant does not return for her things before you move out, then you should probably leave them in the property because the landlord has rights regarding the removal and disposition of that property that you do not.

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