Brian David Lyman's Answers

Brian David Lyman
Annapolis Litigation Lawyer.
Contributor Level 8

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Attorney answers:

  1. Brian David Lyman

Can i be held acountable for actions held in a house that I own but don't live in?

Asked by a user in Maryland - over 3 years ago.

Since I do not know all the facts, please do not consider this reply as legal advice or instructions but some thoughts on what your situation is and what you could to do to further investigate or supplement your question to get a better answer. You have not explained the title of the property, but I'll assume that you're still a joint tenant in ownership with your ex-wife. Almost certainly your homeowner's insurance will not cover injuries sustained on your property as a result of the...

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Attorney answers:

  1. Brian David Lyman

MD landlord tenant laws, landlord's rights against problem tenant

Asked by a user in Gaithersburg, MD - over 3 years ago.

I do not know all the facts, but you need to make sure that you have a strong lease in place to allow you to charge the unpaid bills as additional rent. That way you can consider the unpaid bills as unpaid rent and file for available Landlord remedies under real property section 8-401 et seq. If you do not have a written lease, makes sure that you use one in the future. I would see a Maryland attorney to prepare one for you which will afford you the best options for preventing and remedying a...

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Attorney answers:

  1. Brian David Lyman

Car wrecke: Can the debt be collected from the insurance if discharged?

Asked by a user in Capitol Heights, MD - over 3 years ago.

Your question uses too many legal terms and gives too little information to really give you a coherent answer. In short if you are a debtor in a bankruptcy case, the bankruptcy code or judge will make the determination based on what the parties represent to the court. You have not stated: who the parties are, what their relationships are, what contracts or agreements are in place or signed between them, what the terms of the lease say about insurance, the insurance coverage on the vehicle,...

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Attorney answers:

  1. Brian David Lyman

What is the penality for a landlord who fails to inform the tennant that someone is going into their apaprtment after requesting

Asked by a user in Owings Mills, MD - over 3 years ago.

I do not know all the facts , or what your lease says about the landlord's access to your home, so please consider this merely suggestions on possibilities for you to consider and not legal advice: 1) Many times leases contain valid provisions that allow a landlord to access an apartment for regular maintenance. If this is the case them they are probably within their rights to go into your apartment to assess the damage, make repairs and keep the damage from spreading (to other units or...

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Attorney answers:

  1. Afshin Pishevar
  2. Brian David Lyman

I sustained a fracture to my calcaneus bone (heel) which required surgery after deplaning an aircraft's steps (attach to plane)

Asked by a user in Gaithersburg, MD - over 3 years ago.

You need to consult with an attorney in the state where this accident happened. If it happened in Maryland you have three years to bring your case to court. There are many factors that will determine if the airline was negligent or not. It sounds like you have a serious injury so it is definitely worth consulting with an attorney in the jurisdiction where the accident happened. That attorney can explain the state law on negligence and your chances for success in a court case. Even if...

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Attorney answers:

  1. Brian David Lyman

Verbal Agreement when purchasing a uses car

Asked by a user in Baltimore, MD - about 3 years ago.

You haven't really provided enough informational to properly answer. However, to enforce a contract in Maryland you have to prove by admissible evidence in court: 1)offer 2) acceptance 3) terms (price and what is being sold) 4) consideration (money and/or promises given between the parties). There are many defenses that could trip you up along your way to showing the judge the right evidence. E.G. In Maryland a contract for the sale of goods over $500 must be in writing under a rule called the...

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Attorney answers:

  1. Brian David Lyman

MD landlord tenant laws, tenant rights for paying utility bills, landlord responsibilities

Asked by a user in Chesapeake Beach, MD - over 3 years ago.

I do not know all of the facts, but generally, your lease terms will supply some type of guidance as to if there are consequential damages (an increased electric bill because of your A/C problem) allowed. It is a toss up in a court case whether or not the judge finds that the Landlord was at fault for the increased bill and award you a judgment for that cost. If there are more facts that suggest the Landlord was not responsive in making the repair your chances for recovery are better. you...

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Attorney answers:

  1. Brian David Lyman

MD Prince Georges County landlord tenant act, charged for damages to carepeting that are non specific by Resident Manager

Asked by a user in Greenbelt, MD - over 2 years ago.

I do not know all the facts, so please consider this answer merely suggestive of some of your options. In Maryland residential leases, the Landlord (and Landlord's agent, often a management company) have specific duties relating to move out inspections and security deposits. Review Real Property Article 8-203 et seq. There are several scenarios that could apply and you could have several defenses/claims if the Landlord has failed to abide by the law and properly notify you of your rights and...

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Attorney answers:

  1. Brian David Lyman

I want to have my record expunged

Asked by a user in Gaithersburg, MD - over 3 years ago.

This does not appear to be a question but a statement. You can expunge certain convictions and charges from your record by paying the fee, filing the petition and waiving any claims against the state (if the arrest and charges were within 3 years). There may be limitations that apply to fraud or theft convictions depending on the facts and the conviction itself, but you should consult a lawyer with all the facts of the conviction to see if you can get an expungment.

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Attorney answers:

  1. Brian David Lyman
  2. George E Meng

My husband borrowed money from his dad over 5yrs ago. he is taking both us to court for it? Would this fall under statute/limi.?

Asked by a user in Pasadena, MD - over 3 years ago.

Since I do not know all the facts please do not reply on this answer instead of contacting an attorney to fully review this matter for you. Here are my thoughts: 1) A small claim in Maryland is under $5,000, so it depends on if he is seeking interest on the money loaned. 2) If the agreement was to repay your father-in-law "on demand," (he tells you to pay him back), then that is when the statute of limitations begins to run. In Maryland it is a 3 year statute of limitations from when the...