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Cameron Royal Kelly

Cameron Kelly’s Answers

63 total


  • I got a house but still rent another one. What to do?

    My lease expires in 10 minths:( But me and my husband just got a house. Can we break a lease withiout paying extra money to our landlord?i mean is there any law in sevier co what sais that i can break a lease any time if I got a house in sevier Co...

    Cameron’s Answer

    No. Once a party enters into a contract (in this case a lease) they can not unilaterally break the contract because they change their mind. If the landlord breaks the lease, you may be able to get out or recover damages, but based on your description you would remain obligated under the lease.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • My son signed a lease,I signed as guarantor.Our financing fell through.How can we get out of the lease?Lease starts on 8/8/2010.

    My son is a 21-year-old college student.We've tried talking to the rental office, but they say there is no way out of the lease.We've tried to find someone to sublet with no luck. We are frantic because we don't have the money to pay the rent. P...

    Cameron’s Answer

    Unfortunately, once you have signed, you do not have a right to unilaterally terminate the lease. That said, look for a couple of things. First, look at the lease, and see if there is a way for you to terminate it, or a buyout. It isn't likely, but it is worth looking. Second, consider whether there is any way you can make the payments. If the answer is no, you may then end up having to break the lease. When you give notice of that intention, do it as soon as possible after making your decision, and at the same time, put the landlord on notice that they have an obligation to mitigate their damages. This means that they have to make efforts to rerent the appartment. If the vacancy rate is low, it is possible that the appartment will be rented by someone else. You can then argue that the landlord's damages are limited to repayment for the number of months that the appartment was vacant.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • How do I file a mechanics lien on a property that I was a sub-contractor on and haven't been paid for yet?

    I did work for a general contractor on a residential build supplying and installing Audio/Video wiring. The builder keeps telling me he will pay me when he takes a draw from the bank. The debt is now 45 days old. I am a small business and can't ge...

    Cameron’s Answer

    Get an attorney, and the sooner the better. Mechanics liens are very time sensitive and can not be filed unless specific requirements have been met. Contact an attorney experienced in this area, and ask them whether you meet the requirements and, if so, to file a lien on your behalf.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • My apt. mgrs. have been gouging me. Can I legally vacate my lease agreement?

    I have rented here 10+ years and re-leased for another year in February. Found out yesterday that the people upstairs are paying $140 less than I am. Their unit is identical to mine except it was upgraded about three years ago. They've lived there...

    Cameron’s Answer

    No you can't get out of your lease or get back money. Each party had the opportunity to negotiate a price prior to signing the lease. The fact that you later found that someone else got a better price doesn't excuse you from the lease that you signed. You could ask the landlord for a reduction, and even state that you do not intend to renew at the end of your term if you don't get one, but unless the landlord agrees to a modification, you are stuck with the deal you signed.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Are nicotine stains considered "normal wear & tear"?

    I'm having a real hard time cleaning my rental unit after chain smokers left. The walls, ceilings, appliances, and carpets are all stained yellow and sticky. The tenant's claim that it is normal wear and tear, but I'm having a really hard time cl...

    Cameron’s Answer

    I agree with you that this is not normal wear and tear, and if it were me I would withold all or a portion of the damage deposit to cover it. If the tenants don't like it, they are within their rights to dispute the issue in court, but I don't think they would prevail.

    Keep in mind that you have a limited time in most states to either return the damage deposit or to withold all or a portion and give an explanation in writing. If it has been more than a couple of weeks make sure to consult a local attorney about the timeline before deciding to withold.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • If I am already signed on a lease can the landlord raise rent saying it is a sur-charge.

    we signed a 1yr lease and just recieved a note on door that there will be a 30dollar fee starting next month for sur-charge be cause of the economy is that legal can they do that in the middle of the lease

    Cameron’s Answer

    Not unless it is a month to month lease or, if the lease otherwise allows it, and even then, onlty under certain conditions.. My guess would be that neither is true, and that the landlord can not change the rental amount. Ask him or her what provision of the lease is being relied on to make the change.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • I would like to file bankruptcy, but I own a business and how does that effect my filing. I am the only shareholder.

    I have thousands of dollars in personal debt, but own a small business and in the process of getting a loan to use as working capital and equipment purchase. I am the only shareholder in the business. Can the creditors come after my business onc...

    Cameron’s Answer

    First, is the business incorporated or an LLC. If not, all of the business assets will be considered personal assets and part of the bankruptcy process.

    If you have formed an entity, you will have to disclose and value your ownership interest in the business. For example, in your filings you would list ownership of 100% of the membership units in _____________, LLC, valued at $___________. Depending on the extent of your other assets and the value of the LLC, it may or may not be exempt. If the asset (membership units) are exempt, it means that they can not be touched by the bankruptcy trustee or your creditors.

    Be very careful not to make any transfers prior to talking to a competent bankruptcy attorney. there are a number of lookback periods when filing a bankruptcy. What this means is that if you have transfered property within a certain amount of time prior to filing, the court will still consider it in your bankruptcy.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Fencing Question

    We put up a fence well within our property line a few years ago. The neighbor at the time put up a big fuss over everything so we just put the fence about 4-6 inches into our property. I see now she has nailed and screwed things into our fence a...

    Cameron’s Answer

    Assuming the fence is actually on your side of the property line, you have the right to ask her to remove it. Not only is the fence your property, she is also creating a hazard.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Am I financially bound to pay more than a deposit if I did not sign a lease?

    A couple of weeks ago I applied for an apartment, was approved, and paid a security deposit. Just yesterday I found a place that was much more affordable and closer to my place of work that I wanted instead. I am willing to forfeit the security ...

    Cameron’s Answer

    The answer to your question really depends on the conditions under which you gave the deposit to the landlord. If the deposit was necessary to hold the appartment, then it is possible that you would have to forfeit it. However, that doesn't mean that you have entered into a lease. I can imagine at least a couple of different scenarios. The first is that you have formed an oral lease to rent the appartment for a period of time. The second is that you gave the deposit as a condition for holding the appartment open, but that you contemplated getting together and signing the lease later. If the second is true, it could be said that you "agreed to agree", and that there is not a binding contract until you signed the lease. What the court will really be looking for is to see whether you agreed to all of the essential terms of the contract. If so, you may be bound. If not, you can walk away without paying any further rent.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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  • Can an apartment complex be held liable for negligence?

    My apartment was burglarized and I didn't have renter's insurance. The apartment complex still keeps the knowledge of 7 break-ins (mine included) from the community and the 2 maintenance guys who spotted the thieves running off with my property ne...

    Cameron’s Answer

    My guess is that the appartment complex limits their liablility in the lease and it also probably strongly recomends renters insurance. Even if the appartment complex has failed to maintain basic security measures such as locks you will still probably have a hard time passing liability for the locks to the appartment.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

    See question