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Peter Edward Johnson

Peter Johnson’s Answers

2 total

  • I was given a service with no estimate & under the pretense my HOA covered it.

    I recently moved into a Condo Community; my HOA said they covered all exterior paint/stain, so a maintenance man my HOA uses said he could stain my deck for me. He spray washed & stained my deck & gave me the bill. He never told me decks weren't ...

    Peter’s Answer

    Unless the maintenance man or a COA official stated that the stain would be paid for by the COA, I think he is entitled to the reasonable value of his services. Typically decks and patios are limited common elements if they are exclusively for one unit. I would check with your declaration (or master deed if pre-2009) and by-laws regarding what is/is not covered and the procedures that have to be followed to request covered maintenance.

    Assuming that the maintenance man did not get a contract signed (it doesn't sound as though he did) he is still entitled to the fair market value of his services. If you really want to fight him on the amount get other contractors, preferrably at least three, to put what they would charge in writing and make sure that you are comparing apples to apples (ie. all stains and sealants are the exact same brand, similar qualifications, etc.), promptly pay him the amount of the highest bid, not the average, and send him a copy of the quotes with payment. Keep in mind that the amount you are talking about is so small that the cost of fighting him could quickly outweigh any benefit you receive. Also keep in mind that some courts won't accept the written quotes as evidence, and that those who provided you with quotes may not be eager to come testify.

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  • My rent was due today on the 1st & i can't pay till the 5th they want to charge ne $50 per day till paid is this legal?

    We moved into our home 2 & a half yrs ago we had a lease for the 1st year & then July of this year the landlord said the house we live in was going into foreclosure. Aug i got a call from our landlord's daughter saying that her brother paid the no...

    Peter’s Answer

    I certainly would recommend asking them to draw up a new lease. Their acceptance of your rent payments after the expiration of its initial term has created a tenancy at will which allows them to terminate your lease with 60 days notice. In all respects other than the amount of notice required for termination, the terms for the tenancy at will are the same as your last executed lease, including late fees and when rent is due. They should not be charging you any late fees in excess of those described in your old lease, and should not charge any fee until the payment is past the date that the old lease says it is due.

    I am assuming that your lease does not contain any unusual provisions regarding holding over past the lease's term. If it does that could change my answer. If your landlord presses the issue, I would strongly recommend that you speak with an attorney and show them any documents that you have signed or received pertaining to your lease.

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