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Cameron Royal Kelly

Cameron Kelly’s Answers

63 total

  • Commerical Lease. Being evicted after the new landlord wants to change the terms

    I have an oral lease for a retail store in Los Angeles. The owner sold the building to someone else. The new owner kicked me out with no notice and demanded that I pay a new deposit, rent and sign a new lease. I just paid rent two weeks ago, bu...

    Cameron’s Answer

    Sounds like there is a problem between your past and current landlords. If you have already put down a depoit and paid rent for this month, your landlord cannot make you pay for them again. However, if you have a month to month lease, that relief will be temporary. Although you should still have credit for the deposit you have paid, your landlord can ask for an increased deposit with proper notice. The landlord can also increase the rent amount or simply give you notice to vacate the premises. If the lease is month to month, your landlord will need to give you a full calendar months notice to leave the property.

    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 the bank take my LLC from a short sale on my home?

    I'm working on a short sale of my home I also own a LLC business. The bank has asked for my Articles of Organization. Can they come after my business?

    Cameron’s Answer

    Although an LLC gives a degree of separation between your property and the property of the business, you have a personal ownership interest in the LLC. Your membership units are owned personally and have a vaule. Your bank considers this ownership interest as a personal assset, and will take it into consideration when determining whether to allow the short sale. The bottom line is that if the bank thinks that you can continued to pay for the property, they will not allow the short sale.

    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 a neighbor store their water toys or build a dock in front of my lake frontage?

    I live on a private lake. Everyone's property around the lake ends at the water. The actual lake is the lake association's. Most property lines meet the water at roughly a perpendicular angle. A border between a neighbor and I meets the lake at an...

    Cameron’s Answer

    Do the association documents indicate who makes decisions about docking, etc? In my experience there is typically a governing body that dictates where a dock can be put in, how many docks can be put in, how long the dock can be, and so forth. If it is not your local association, it could be your local government, or it may be that your state has a department dedicated to protecting and governing natural resources. Look to these rules to give guidance.

    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 need a lawyer regarding my condo associations request to remove my dog?

    The condo assoc. recently left me a letter stating I had 30 days to remove my dog from the property due to neighbors and other tenentst complaints. First they stated my dog was defecating on condo property, true but it gets picked up. Second my ...

    Cameron’s Answer

    The answer depends on the condo docs. If I were you I would contact an attorney to have them review the condo documents and write a letter to the association.

    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 landlord break my lease because he changed his mind?

    My landlord recently fixed up property to sell. It was convenient for both that i rent for 6 months. I have 2 children and now that we have been there 3 weeks he thinks it is not a good idea. How long must he give me and is this legal?

    Cameron’s Answer

    The answer depends on whether the lease is written, or whether it is a lease for a term, such as a month to month lease. A written lease may contain language as to how it can be terminated, and as to what the notice period for termination would be. So, if it is written, start there. If you have an oral lease, it can normally be cancelled by one month's notice. By a month's notice, I do not mean 30 or 31 days. Instead, what I am refering to, is that notice must be given prior to the end of one month in order to be effective by the end of the following month. So, for example, today is the 23rd day of June. If I gave my tenant notice today, he or she would have until July 31 to move out. If I give notice on June 30th, the time frame is the same. If I give notice on July 1, then my tenant would have until August 31 before he or she must move out. Consult a local attorney to see what your rights are.

    If your landlord wants to have you move out prior to the time that you are legally required to do so, it may be that he is willing to buy you out of the lease. Ask him to make an offer.

    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 get a waiver signed?

    My husband and I are having a party at our home in a few weeks and we want to set up a "slip-N-slide" in the back yard. Is it legal to have each participant sign a waiver stating we are not liable for any injuries or accidents?

    Cameron’s Answer

    Yes it is, but don't think that it will necessarilly protect you completely from any liability that may result from its use. Also, if you are going to have a waiver signed, you may want to have it professionally drafted to make sure that it is as comprehensive as possible. My recommendation would be to simply find a less risky activity for your party.

    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 get my neighbor to cut the branches of his tree that the branches rest on my roof?

    Our neighbor's tree hangs over into our yard and directly over our roof, some of the branches actually rest on the roof and scratch at my roof...causing damage to my roof. We asked him last year to cut the branches back and haven't heard from him...

    Cameron’s Answer

    If you are comfortable and competent to cut them yourself, that would probably be the best way to proceed. As stated previously, it appears that the branches rise to the level of a nuisance. If you can not or prefer not to cut the branches on your own, you should commence a suit in Minnesota District Court to 1) obtain an order directing the branches to be cut, and 2) obtain a money judgment in the amount necessary to hire a service to trim the tree. You may want to seek an attorney's advice if it is necessary to commence an action so that you ensure the complaint is properly drafted and seeks the relief you are looking for.

    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 beneficiaries get money from an estate of bank accounts after all bills have been paid?

    My sister passed away recently, with no husband or children, just siblings as beneficiaires. I was her POA, but did not know about a small life insurance policy, which did not have beneficiaries assigned, so now I received a $5,000. check made ou...

    Cameron’s Answer

    I agree with the assessment with the disclaimer that the funds should then be distributed between the siblings. Also, make sure that the other property that you mentioned do not exceed the amount allowed by statute ($50,000.00)

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  • Can I give 30 days written notice to move out if landlord is on vacation by leaving a dated letter for him and emailing it also?

    I am giving 30 days notice and my landlord is on vacation. Can I give a printed, dated letter with intent to vacate for him (he lives downstairs) AND email a dated copy to him? Will the 30 days still count from the date I give/send it or do I have...

    Cameron’s Answer

    Your landlord's vacation should not affect the validity of your notice, unless the lease states that the notice is effective upon actual receipt. As long as your lease does not have a provision like that, you should simply follow the instructions for giving notice regardless of your landlord's vacation plans.

    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 a tenant move out without giving a full 30 day notice.

    I am on a month to month lease, however I am renting from someone who is subletting. The lease was drafted to serve as a paper trail for my own reference. There's no security deposit held. Can I move out without giving the full 30 day notice an...

    Cameron’s Answer

    First you should keep in mind that there is a difference between a month to month lease and a lease that requires 30 day notice for termination. If the lease simply requires a 30 day notice, a person could provide notice to their landlord today, and move out 30 days later (middle of July). If the lease is a month to month lease, a person would be required to give notice any day prior to the end of the current month, in order to move out on the last day of the succeeding month. So, in a month to month lease, I could give notice today, but the notice would be effective as of the last day of July. If I give notice on July 1st, the notice is effective on the last day of August.

    So, if you have a month to month lease, which is what you state, you would not owe prorated rent for July, you would owe the entire rental payment for the month of July. Check your lease and determine which applies to your situation.

    You also seem to be implying that the lease is not really binding ("paper trail for my own reference"). Even if it is, a judge is more likely to give the lease weight than not if you have actually executed it. Even if the judge agrees that it was not intended to be binding, the default rental period is probably a month to month period. This puts you right back into the situation where the landlord will be entitled to collect rent for the entire month of July.

    Either way, I think that you will end up being liable to the landlord for a minimum of prorated July rent (30 day notice), and possibly the entire month (month to month). If there is no security deposit it will be harder for your landlord to collect, but the landlord can still sue you for the unpaid rent. You may be better off simply giving proper notice and moving out after the termination.

    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