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Brian Hester’s Answers

59 total

  • Does my landords husband have the right to enter my property although he is not listed as landord on my lease?

    I have a lease with a lady. her husband has access to the house I'm renting and keeps coming in for no reason. he leaves me messages saying he is gonna stop by and check on things. he has never fixed a thing and there are no emergencies. since he...

    Brian’s Answer

    No, not whenever he feels like it. He probably is allowed to come into the property as the landlord's agent to make reasonable and necessary repairs. A landlord is allowed to come onto the property, upon giving reasonable notice, to make repairs to keep the place habitable.

    A landlord could probably rely on that right to make occasional (I'm talking maybe quarterly at best) inspection of the premises (checking/replacing air filters, replacing fire extinguishers, etc.).

    I guess it depends on how often he's coming in and what exactly is his purpose for coming in. If this is happening more regularly than once every three months, I think you need to express, in writing, to your landlord that her husband's frequent visits to the residence is a little intrusive and that you'd prefer he give more notice and perhaps wait so that multiple issues can be addressed in one visit as opposed to every time he thinks of something he wants to check on.

    I think you may want to consult with a lawyer about your situation and see if it gives you grounds to terminate your lease. It sounds to me like you may.

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  • Do I need a lawyer?

    My husband and I moved into a luxury apartment complex that had a state of the art fitness center with a tanning bed, a golf course, pub, and swimming pool. The fitness center burnt down about a year ago, we were promised they would have ground br...

    Brian’s Answer

    Yes, you need a lawyer. Not a surprising answer, but here's why. You need a lawyer to review your lease to see what the landlord said about the fitness center. If the lease doesn't represent that the landlord agrees to provide such services or that in the event of a fire will replace as soon as commercially possible, then you probably don't have grounds to terminate your lease.

    How long is your lease of the fitness center burned down a year ago? Did you renew your lease since then? If so, you may have waived your claim (at least that's what the landlord's attorney will claim). If not, you may be able to demand that the landlord lower the rent to factor in the lack of the fitness center which was a value figured in the original rent. Perhaps a lawyer could negotiate a concession with your landlord. It's probably not worth the expense of litigation, however.

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  • Do I need a lawyer?

    My husband and I moved into a luxury apartment complex that had a state of the art fitness center with a tanning bed, a golf course, pub, and swimming pool. The fitness center burnt down about a year ago, we were promised they would have ground br...

    Brian’s Answer

    Yes, you need a lawyer. Not a surprising answer, but here's why. You need a lawyer to review your lease to see what the landlord said about the fitness center. If the lease doesn't represent that the landlord agrees to provide such services or that in the event of a fire will replace as soon as commercially possible, then you probably don't have grounds to terminate your lease.

    How long is your lease of the fitness center burned down a year ago? Did you renew your lease since then? If so, you may have waived your claim (at least that's what the landlord's attorney will claim). If not, you may be able to demand that the landlord lower the rent to factor in the lack of the fitness center which was a value figured in the original rent. Perhaps a lawyer could negotiate a concession with your landlord. It's probably not worth the expense of litigation, however.

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  • How do i start proceeding

    s in the state of ohio to get my record expunged

    Brian’s Answer

    First, you should consult with an attorney to first see if your prior criminal offense and your record makes you eligible to have your record expunged. Some courts have the paperwork online to file for expungement. If your offense was a misdemeanor you need to wait a year after you complete probation. For a felony, it's three years. So long as it was a first time, qualifying offense (not including traffic offenses), you have no criminal charges since then or presently pending, you may qualify.

    You file a written motion asking that your arrest and court case be expunged, make sure you serve a copy of the Motion to the prosecutor's office which prosecuted your case and note how and when the service was made on the motion. The court, if it is inclined to grant your motion, should set it for a hearing.

    Most attorneys charge a flat fee to handle an expungement which is very reasonable.

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  • I sold a wii to a family member and she doesnt want to pay or give it back what do i do?

    I sold a Wii to my cousin for 350 dollars. And we had a verbal agreement that she paid 50 dollars a week or i take the Wii back. she only paid 125. and doesnt want to pay anymore and doesnt want to give it back. what do i do.

    Brian’s Answer

    You can sue your cousin for the remaining $225 in small claims court (filing fee in most jurisdictions is around 35-50 dollars). You could attempt to sue in the regular division (higher filing fee) if you want to try to get the court to order the return of the Wii, but you're unlikely to prove your case that the agreement contained a purchase money order security interest (PMSI) wherein you could repossess the Wii for non-payment if there's nothing in writing.

    You may also have difficult proving that the purchase price is $350 and not the $125 she paid unless you have something in writing by her confirming the purchase price. However, given that new Wii's generally cost over $300 on the market, a judge very well may likely to find that your price is credible.

    Small claims court is a process that requires no attorneys and is very informal. Matters are heard relatively quickly as well and it's inexpensive. However, small claims courts can only issue a money judgment, it cannot order the return of personal property. Given the costs of litigation, (un)likelihood that you could prove to the court that the deal also contained the right to repossession, the most cost-efficient way to resolve your dispute is for you to file a small claims complaint at your neighborhood's municipal court (county court, not common pleas, if your area doesn't have a municipal court.)

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  • What right do I have when my mortage company tried to foreclose on my house 8 years ago and was dismissed with prejudice?

    Does the mortage company have the right to come after me for late payments and penalties and back interest when at the beginning they refused 3 of them

    Brian’s Answer

    I'm sorry, but your question is a little unclear. Are the saying the late payment and penalities are solely for the three payments they refused to accept while they were trying to foreclose on you eight years ago? After the mortgage company dismissed the foreclosure action, did they accept the three payments reasonably around the same time? Do you have any documentation showing that you attempted to make timely payments, but they refused

    If so, consult with a lawyer to have him or her send your mortgage company a letter with your supporting documentation showing that you are not liable for late payment penalities for payments they initially refused to accept when made timely. And hopefully, your lawyer can resolve the situation to your staisifaction without there being litigation.

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  • Chrg: retail felony. Completed defrd pros prog before disposition- case clsd with adjudication w/h.

    I have worked in education for years, and certainly regret this stain on my character and on my record. I have just begun graduate school to further my career. Realistically, will I be considered for upper level professional positions within my cu...

    Brian’s Answer

    I hate internet shorthand. I think what you are describing is a diversion program. Most diversion programs automatically expunge (seal) the record. Go the clerk of courts website and see if their case records are available online. If you can still pull up your case (and the case occurred within the last fifteen years), then it means your case wasn't expunged. If so, or if the court doesn't generally have case information from the time of your case available online, AND YOU HAVE NO PRIOR CRIMINAL CHARGES (not including traffic tickets like speeding) or any pending, then you can petition the Court to expunge and seal the court's record as well as the arresting agencies' police reports.

    An expungement merely removes the case from the public record. Ohio statutory law does provide that information about the existence of your case can still be disclosed and discoverable under limited circumstances (certain state licensing authorities, for example, may be able to review expunged records.)

    Nonetheless, there is value in having an expungement as it removes the incident from most criminal background checks.

    Consult with a criminal defense attorney in the area where your case occurred and they should be able to file for your expungement for a modest flat fee.

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  • Paid lawyer 1000 6 mo ago has not started discovery now wants 1000 more what can i do ? she called me obsecive compulsive.

    started as eviction on my sister she filed lawsuit saying i priced the property to her.she said it was verbal.

    Brian’s Answer

    Your post is a little unclear. This is what I gathered: you sued your sister to evict her, you paid an attorney $1,000 to do so. Your sister countersued saying that you made an oral offer to sell her the property. You don't say whether your sister claims she ever accepted that offer. Now the attorney wants another $1,000 even though you feel like nothing has been done in six months?

    You and your attorney should have signed a fee and representation agreeement which outlined the terms of how you would be charged. I'm assuming that the attorney is charging you by the hourly at an hourly rate and the $1,000 was an advanced fee retainer for her to bill against her time. When the retainer is exhausted, the contract or the practice is that the client replenishes the retainer which sits in a trust account. If there is anything left in the trust account when the matter is concluded, the remainder of the funds is returned to you.

    If that is your arrangement, your attorney should be sending you a regular invoice (most attorneys send monthly invoices) that account for her time and how much time she's billed against your retainer. If you don't know what she's done in six months to earn the first $1,000, ask her for an invoice showing her time. That might clear things up for you.

    If you're question is really is it reasonable to expect to spend $2,000 in an eviction in which the tenant files such a counterclaim, my answer is yes. Especially if the fee agreement is such that the retainer was also to cover any filing fees. The filing fee to file the complaint, attorney time drafting a complaint and an Answer to your sister's Counterclaim, attendence to the first cause of action hearing (eviction hearing), and regularly phone calls and correspondences to you could very easily equal $1,000 in costs and attorney billable time.

    Like any other contractual dispute, a dispute with your attorney about fees starts and ends with the parties fee agreement, which should always be in writing to avoid these kinds of otherwise avoidable disputes in the first place.

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  • What recourse do I have?

    Two crowns placed on number18 and 19 molars. After 7 months of pain and original dentist not knowing what was wrong, I went to a specialist. Specialist found out the dentist left my crowns in hyper occlusion causing trauma to my teeth, gums, and ...

    Brian’s Answer

    You need to consult a medical/dental malpractice lawyer immediately. The statute of limitations for bringing a medical malpractice claim is one year from the date "the cause of action accrued." The law in Ohio, I believe, is that a the statute of limitations begins to run when a reasonable person knew or should have know of the possible existence of a claim. At best, your attorney can argue that the statute began to run when the specialist identified the problems you were having was the result of the allegedly defective work by the dentist.

    Tell the collection agency that because you dispute that you owe the debt because of the enormous expense you incurred fixing his defective work, you refuse to pay. You should also consult with an attorney to find out what you can do to protect your credit history so that potential creditors will know that you aren't a deadbeat for not paying this debt (if it's been reported.)

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  • Can your employer give your job to someone else while you are out for 6 weeks on maternity leave?

    I was a secretary to a doctor for 6 years. I went on maternity leave for 6 weeks and was told that I no longer would have my same job. They did give me a job within the company with the same pay. My issue is that I had a stressful and very dema...

    Brian’s Answer

    Your post is rather vague as to what, exactly, is different about your new position from your old one. So long as the decision to change your job duties was motivated by something other than your leave for pregnancy, yes, they can change your job duties when you come back to work.

    I would like to know what they told you was the reason you would no longer have the same job. How many employees worked there? You should talk to a lawyer familiar with employment pregnancy discrimination claims. You have a very short window (six months from the date of the adverse treatment) to file a complaint with the U.S. EEOC. However, I believe you may want to consult with an attorney about filing a charge with the Ohio Civil Rights Commission. The Commission begins its process with first giving the parties an opportunity to mediate the dispute (what is it that you would like the employer to do, for example.)

    I cannot give you a simple yes or no answer to your question without more details. Details that a consultation with an employment should cover. Many attorneys are willing to do free consultations, but always ask before scheduling a consult.

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