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Cameron Royal Kelly

Cameron Kelly’s Answers

63 total


  • As an Oregon landlord can I terminate the lease agreement?

    Two tenants signed the lease. One has moved out. One tenant wants to stay. Can I terminate the lease even though the rent has been paid monthly with late fees?

    Cameron’s Answer

    Not unless there is something specific in the lease that would allow it. From the landlord's perspective, you still have a right to receive rent, and if the rent isn't paid, you can still sue either tenant for the past due amounts.

    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 my hoa put a lien on my rental property if I was fined and don't pay?

    My property management company moved someone into my home without my signed approval and didn't let the hoa know. I however let the hoa know that this might happen and I informed them of the problems I was having with the property mgmt company. ...

    Cameron’s Answer

    It isn't clear without looking at the association documents whether the HOA has the right to fine you, or whether the fine imposed is reasonable. What I can say is that if the association takes the position that it has fined you, the fine will be a lien on the property and most likely relate back to the signing of your HOA declaration.

    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 I raffle off my house?

    I can not make my house payments, so I would like to raffle it off. Would the house have to go through escrow for me to be no longer associated with the loans, and the winner to take over payments? Is this legal?

    Cameron’s Answer

    First, you will more than likely run into trouble with state and local ordinances preventing raffles and/or gambling. In the county that I represent clients, a permit can be obtained for a raffle, but the purpose has to be charitable, which yours is not.

    Second, the due on sale clause in your mortgage will prevent you from transfering the property to another person without the mortgage companies permission. If you transfer the property without permission, the mortgage company can accelerate the amount due on your mortgage, and foreclose if not paid.

    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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  • What are my legal rights as a tenant for a privately owned condo?

    I moved into my friends condo two weeks before my move in date. we had a verbal agreement that I could move in a week early for free; so I only owed for the additional week ($200.00). In june my a/c went out and it tooker her 12 days to repair it ...

    Cameron’s Answer

    Unfortunately you didn't memorialize the early move in agreement. However because the terms of that two week period are oral, your testimony regarding the agreement should be admissible in court. Keep in mind that the testimony may be disputed by the landlord.

    As for the $320 if you withold it make sure you don't spend it. You may have to make a case to the court for why it was witheld, and if you do, you may either need to place a bond with the court, or make a prompt payment to the landlord if you loose.

    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 I terminate my commercial lease agreement and sue for damages?

    I leased a convenience store/ retail business premises but it turns out I cannot obtain the liquor license from the state unless the landlord clears his debt around 20k to the state, for which he doesn't have any money. I found this after a month ...

    Cameron’s Answer

    You should hire an attorney as soon as possible. Much of the answer to this would be dependent on the terms of the lease, but if the landlord was aware of the purpose that you intended the property for, and is preventing you through his actions from carrying that purpose out, you may be able to terminate 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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  • As a business can the landlord lock my shop because of unpaid rent

    i am a month past due and the landlord threatened that he was going to lock my place up. Can he do that. lease says that he can terminate the lease due to unpaid rent.

    Cameron’s Answer

    State laws prevent self help by landlords because of the obvious problems that would go along with self imposed remedies. If your landlord locks up your shop you should immediately hire a local attorney to ask a judge to remedy the problem. That said, an eviction action/unlawful detainer is a pretty quick process. If you haven't already paid your rent you should make arrangements to do so or begin preparing for other options.

    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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  • Do I owe less because I over payed rent?

    I have been paying $850 in rent for the past ten months because of a verbal agreement between me and my property manager. My lease states that my rent is $775 every month. I have come to an agreement with my property manger to pay the remaining ...

    Cameron’s Answer

    If there is a verbal agreement to pay a higher amount, you don't have a right to setoff the "over payment" because it is actually the correct amount. Unless you have some reason to contest the verbal agreement, it seems to me that you have paid the correct amount.

    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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  • Not really sure what to do.

    I have a lease on a house which im not currently living at. A friend of mine asked if he could stay there for 2 days and i agreed. He ended up staying there for 2 weeks without telling me. He didnt pay any rent and refuses two. How can i get my mo...

    Cameron’s Answer

    Absent an agreement between you and your friend that requires him to pay rent, you probably aren't entitled to it. You can sue for ejectment if he is still in the property, and could bring a suit for trespass. In the trespass suit, you can claim that you have been damaged if you can somehow show the damages to the court.

    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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  • 2 months ago my fiance and i bought a house with both our names on the deed . what are my rights if we split?

    can he take me off the deed and sell house?

    Cameron’s Answer

    You can bring a court action to either split up, or, more likely, force the sale or buyout of the property. The problem with a buyout in these cases is that often times one party has trouble getting financing on their own. If that is the case, it will be hard to get the other party off of the mortgage. A sale can also present difficulties if there isn't any equity in the property, or if the equity is small enough that you won't be able to absorb the costs involved in selling. If it isn't too late, you might benefit from putting an agreement in writing in case something goes wrong. This may or may not be a good idea depending on whether you want to argue over who sleeps on the couch.

    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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  • One lease, three tenants on lease, one leaves before lease is up and doesn't pay rent.

    I live in a rented house with one lease and three signers of the lease. One of the signers left before lease was expired and refuses to pay rent owed by his part.

    Cameron’s Answer

    Each of the tenants probably liable for the entire amount of the monthly rent to the landlord. The landlord will collect from whatever tenant or tenants are the easiest. In this case, that will probably be the two tenants who still live in the property. My recomendation is to make sure that you and your remaining roommate continue to pay 100% of the rent on a monthly basis.

    For each month that your third roommate does not pay rent, you will have been damaged in the amount of that roommate's proportionate share. You can sue that third roommate for contribution, but be careful, the court may only award you the amount that the roommate is past due. Try arguing that the roommate has repudiated the lease, and that you should be awarded a judgment even before the future rents come due. Better yet, get an attorney to make the argument for you. Having an attorney help may be the difference between getting this taken care of quickly or not.

    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