Cameron Royal Kelly’s Answers

Cameron Royal Kelly

Stillwater Business Attorney.

Contributor Level 10
  1. 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.

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

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

    Answered almost 5 years ago.

    1. Teri A. Walter
    2. Brian W. Erikson
    3. Cameron Royal Kelly
    4. Jacqueline Marie Phillips
    5. Troy Kelley Smith
    5 lawyer answers

    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...

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

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

  4. Are nicotine stains considered "normal wear & tear"?

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

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

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

  6. Can an apartment complex be held liable for negligence?

    Answered almost 5 years ago.

    1. Teri A. Walter
    2. Cameron Royal Kelly
    2 lawyer answers

    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...

  7. As an Oregon landlord can I terminate the lease agreement?

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

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

    Answered almost 5 years ago.

    1. Leonard Peter Cabral
    2. Cameron Royal Kelly
    2 lawyer answers

    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...

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

    Answered almost 5 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

  10. Can I terminate my commercial lease agreement and sue for damages?

    Answered almost 5 years ago.

    1. Berton N. Ring
    2. Cameron Royal Kelly
    2 lawyer answers

    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...