Cameron Royal Kelly’s Answers

Cameron Royal Kelly

Stillwater Business Attorney.

Contributor Level 10
  1. As a business can the landlord lock my shop because of unpaid rent

    Answered about 4 years ago.

    1. Pamela Koslyn
    2. Frances Miller Campbell
    3. Cameron Royal Kelly
    3 lawyer answers

    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...

  2. Do I owe less because I over payed rent?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

  3. Not really sure what to do.

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

  4. 2 months ago my fiance and i bought a house with both our names on the deed . what are my rights if we split?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

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

    Answered about 4 years ago.

    1. J. Leonard Sweeney III
    2. Cameron Royal Kelly
    2 lawyer answers

    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...

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

    Answered about 4 years ago.

    1. Frances Miller Campbell
    2. Cameron Royal Kelly
    2 lawyer answers

    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...

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

    Answered about 4 years ago.

    1. James S. Tupitza
    2. Cameron Royal Kelly
    2 lawyer answers

    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....

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

    Answered about 4 years ago.

    1. Richard J. Brickwedde
    2. Cameron Royal Kelly
    2 lawyer answers

    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...

  9. Do I need a lawyer regarding my condo associations request to remove my dog?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    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...

  10. Can my landlord break my lease because he changed his mind?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...