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Peter Stephen Kirner

Peter Kirner’s Answers

1,842 total


  • Can my lanflord "fine" us or put a fee on our rent?

    Our apartment building has 12 units in it. We all received a notice saying that if anyone "violates" their lease by make too much noise after a certain time or leaves garbage in the hallway or little stuff they cant pin point on someone that they ...

    Peter’s Answer

    Some leases have rules and regulations attached to them. Arguably if you agreed to this, then arguably they can do it. If they did it and you pay, you are consenting to it. If they did it and you refused to pay, arguably they would try to evict you. If there is no such language, then they would try to evict you, and you would file for wrongful eviction and attorney fees. Good luck.

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  • Tenants rights

    My name is Jessica Strahan I currently live in a town house. My rent is $570 a month but my landlord has been accepting whatever I am able to give her. For the past three months I have been giving my landlord $600 every month & last week for some ...

    Peter’s Answer

    I am not sure that based on you inability to pay rent that you would have the ability to retain an attorney to fight this matter. That being said, I would suggest you contact the local law school, or the legal aid society. In general non-payment of rent is a valid basis to evict you. If I were in your shoes I would talk to the landlord, plan a move out date, and terminate the lease by agreement. That would be the hope, rather than trying to fight an eviction. Good luck. You should also look on Avvo for a local attorney to get some advice from.

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  • Can we break our lease and get our deposit back if our landlords are not fixing a bed bug infestation after I told them about it

    Told them a month ago we were getting bites. All they did was evict other tenants. Sunday night. We seen the bed bugs. Called them, now I have to wait until Thursday to get an inspection done. Just an inspection. We have nowhere else to go and our...

    Peter’s Answer

    Bed bugs is often an interesting issue. Are they responsible ? Are you responsible ? There is really no way to know. That being said, I am not sure what is the best way to handle this issue. You have a duty to provide written notice to the landlord of the issue. After 30 days you could pay monies into the court, rather than paying it to the land lord. Ultimately not sure how the court will handle the issue, but it is an attempt to get the problem resolved. good luck.

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  • Separated from Husband but pregnant by my boyfriend, can I still file for dissolution and not divorce?

    My husband and I have not lived together since November 14th 2014, we have hand written notarized papers that we have not lived together since, I know its not a legal document but it has to count for something. I got pregnant by my boyfriend in Ap...

    Peter’s Answer

    I would file for dissolution, then I would check with the judge you are assigned. I have done this several times. The specific judge will determine what information they want. I have in the past had the actual father come to court and testify that he is indeed the father of the child. With your and his testimony, the court has let the dissolution go forward. Good luck.

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  • 7 yr Divorce decree didn't include addit'l pension that was earned during the marriage. Do I have any recourse? Disc'd 8 mo ago.

    What are my options in reopening divorce or creating an additional QDRO for 2nd pension that was earned during the marriage? Existing pension that was identified (and we are splitting) in the divorce had direct monetary connection to the missing p...

    Peter’s Answer

    Yes, a 60B is called a motion to vacate judgment. If you did not know about it, and he testified at the final hearing that he made a full disclosure of all income assets and liabilities, then you would likely be successful. This is not really a specialization. Call your attorney, and they can advise you on this. The motion needs to be filed with the court. If granted it will ONLY open up this issue for division. All other issues are resolved and done. You only have one year to bring this action. Good luck.

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  • I moved out of my rented house after giving notice in middle of month. I left on Sat came back Sunday. Landlord changed locks

    I still had another load to get, I informed him I would be back. I had a number of items still there, including my work computer that had hippa information on it. All together had about 40,000 worth of stuff. I took him to mediation, he refused to...

    Peter’s Answer

    What is your question ? Did you return possession to him (the keys). If so, arguably you abandoned your property. Did you provide him with a forwarding address, in written form ? The law requires the land lord to give you the deposit back OR a detailed explanation for why he is retaining it, within 30 days. IF he fails to do that, then you can sue him for double that amount, as well as attorney fees. Wait the 30 days, then file a lawsuit, also alleging conversion of property. You NEED to give him your forwarding address for the purposes of returning the deposit. You should hire an attorney to help you with this process. Good luck.

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  • In Ohio after notification of three day notice, when and how do I go about entering premises to take photos for my protection.

    If I have no photos tenant can say that damages ( if any) were done after they left by me.

    Peter’s Answer

    Just because you enter while they are still there does not mean that the tenant will not still say the same thing. You can give notice and inspect, however, I would just wait until they are out, then take pictures at that point. The tenant would be smart if they took pictures to protect themselves, not really sure how it would protect you. Make sure you comply with the law as it relates to the return of security deposits. Good luck.

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  • How does it work if a Condo is listed for sale, but the listing realtor states that the tenant has a lease for 6 more months?

    I am looking at a property that is on the market right now (8/20). I've contacted the listing realtor for more information and to setup and showing, but the realtor mentioned that the tenants have a lease that runs through the end of February (app...

    Peter’s Answer

    The answer to your question is that there are LOTS of options here. Don't forget that tenants can do damage to a property and landlords need to comply with certain laws. I don't think that you want to be forced into being a landlord. I would suggest you speak to the seller, and you tell them, that as part of the purchase, you want them to some how negotiate with the tenant to get them to leave early, or somehow otherwise buy out the balance of the lease. If I were you I would not this additional risk in purchasing a home. Lots of options. Good luck.

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  • Can I sue for harassment The housing Court?

    I am a Landlord that put thousands of dollars in this property I have. I also background tenants. This property is in CLEVELAND,OHIO I am in trouble again because a tenant I evicted trashed the yard and broke a shutoff to a water pipe. I comply...

    Peter’s Answer

    Not sure why you want to sue the court, not that you could anyway. The court is not responsible for your issues. Generally the court is understanding of these types of things. Sue the tenants for the damages, plus you could get attorney fees for intention actions. It sounds like you need an attorney, and you have been handling these issues by yourself. Good luck.

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  • I got a ticket today and the issue date is wrong the date he put was 9/2/04 today is 8/17/2015 can I argue the ticket

    What kind of background

    Peter’s Answer

    You can argue what ever you want. Understand however that they can amend the ticket, or issue you a new one, if the date was really wrong. If you violated the law, that is really the only important part. If you contest the ticket, you MAY be able to get a reduction to a non-moving violation. Good luck.

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