Cameron Royal Kelly’s Answers

Cameron Royal Kelly

Stillwater Business Attorney.

Contributor Level 10
  1. Can a tenant move out without giving a full 30 day notice.

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer 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...

  2. Enter your question e.g., Do I need a real estate attorney?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer answer

    Assuming the loan is secured against the house, the second mortgage company may pursue a judgment for the debt. Give your bank a call and try to make arrangements with them to continue payments. 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...

  3. Violation issued from HOA re Driveway and Sidewalks are dirty

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer answer

    My initial impression is that the rule cited has a different purpose than the one it is being used for. Hire an attorney and push back. Be careful though, there may be other provisions of the declaration putting the responsibility for maintenance of the sidewalks onto the homeowner. 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...

  4. My grandparents owned a home and my gradfather has passed. How can we get his name removed from the deed?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    2. Kerry G. Patton
    2 lawyer answers

    It depends on how your grandparents were in title. In most states, if two people own the property as joint tenants, they can file an affidavit of survivorship and the appropriate evidence of the decedent's death (ususally a death certificate), and the property transfers to the surviving joint tenant. However, if the ownership was not in joint tenancy, a probabe will be necessary. My guess is that it would be worth your time to consult with a local attorney to see whataction is necessary on...

  5. I want to add my daughter to the deed to my condo. What form do I file with Washington County, Oregon.

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    2. Kerry G. Patton
    2 lawyer answers

    In most states this can be accomplished by a quit claim deed, but there are multiple ways in which people can hold title together and the form of transfer is important. Talk to a real estate attorney in your area. It shouldn't cost too much to have the deed drafted professionally, and it will be a lot cheaper than correcting an improperly drafted deed later. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not...

  6. Business property and real estate

    Answered about 4 years ago.

    1. Carl Thomas Berry
    2. Cameron Royal Kelly
    3. Kerry G. Patton
    3 lawyer answers

    Assuming that the loans are still in the same order that you describe, if the third mortgage holder foreclosed, they will take the property subject to the first two mortgages. The best thing to do is to work with the third noteholder to try to work out an extension. If the payments you have been making are substantial, it likely that the bank would rather have a continued stream of payments than the property back on their books. They may be willing to work with you, but communication is the key.

  7. Is a lease for an appartment binding if only one of the two people on the lease signed it?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer answer

    More than likely you will be held liable for the terms of the lease. Keeping in mind that you may ultimately be responsible for the entire cost of the lease, I would recomend that you retain a local attorney to help you litigate the matter or negotiate a settlement. 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...

  8. Can a land lord back out of a lease already signed

    Answered about 4 years ago.

    1. James S. Tupitza
    2. Clifford L. Tuttle Jr.
    3. Cameron Royal Kelly
    3 lawyer answers

    I agree. If you asked out of the lease, the least that the landlord would ask for is a buyout. Let the landlord know that you plan to move in on the date designated in the lease. If he locks you out, or won't give you the keys, bring him to housing court. The thing to watch out for here is that depending on the situation you may have to deal with your landlord quite a bit over the term of the lease. Being firm but polite may keep the situation tennable over that time. The response...

  9. Cna I get my damge depopsit back?

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer answer

    Well told. You may have a future in creative writing. Unless the landlord released J&J from their obligations under the lease, J&J are likely still responsible for the terms of their lease. The landlord will collect the damages from the most convenient source. If that source is J&J, then their remedy is to enforce the terms of their contract, sublease, with LL. The way to prevent this if you engage in similar contracts in the future is to require LL to deposit money for a damage...

  10. What to do about interior unit damage, caused by outside HOA and/Property Management neglect

    Answered about 4 years ago.

    1. Cameron Royal Kelly
    1 lawyer answer

    First look at your association documents to see who has the responsibility to maintain the exterior surfaces of the condo. If it is the association's responsibility, go to the board and demand that the repair take place. Be careful; although exterior work is often the responsibility of the association, there is also often a corresponding provision allowing the association to charge repairs back to the benefited homeowners. As for the damage, it is common for condo units to be insured in...